Terms and Conditions for the web shop of IX-EL International GmbH

Transcription

1 Terms and Conditions for the web shop of IX-EL International GmbH 1 Applicability These terms and conditions will be applicable for the business relations between the vendor and her customers that originate from the website in the web shop of IX-EL International GmbH, Carl-Fohr-Str. 3B, Miesbach, Germany ( vendor ). 2 Description of vendor s product offerings The vendor delivers and sells goods and tools ( products ) in the fields of wellness, wellbeing, and the environment. The tools sold by us are not medicines or medical products and cannot be compared to such products. They cannot be used for curing illnesses or be a substitute for consultation with a doctor or medical treatment. 3 Registration 3.1 It is possible for customers to register and create a customer account during the order process. Only legally competent persons may be registered. A legal right to be registered on this website does not exist. The customer must choose a personal password when registering. The password must be kept secret by the customer and must not be given to a third party. 3.2 The vendor does not recognise any obligation in connection with the registration of the customer on the website in the web shop of the vendor excepting only the obligations named earlier in 3.1. The registration is without cost for the customer. Changes can be made online on the website using the My Account button. The customer can get his registration deleted by communicating his deletion wish by to info@lightlifetoolseurope.com. 3.3 Further explanation about the handling of your personal data can be found in our data protection declaration (privacy declaration). 4 Conclusion of contract 4.1 The presentation of the products on the website in the vendor s web shop is not a legally binding offer, but rather a non-binding online catalogue. 4.2 To place an order on the web shop of the vendor, the customer must select the desired product and click on the put in shopping cart button. Thereafter, the customer can continue to shop, or click on the button checkout. After finishing the selection of the product and specifying the quantity, the customer clicks on the checkout button. After clicking on the checkout button, the customer enters his personal data, including billing address and the delivery address if that differs from the billing address, and then selects a payment method. The customer can, at this point, choose whether he wishes to be registered for future orders or to complete the order without registration. If the customer has already registered, he can enter his username and password. The customer sends his order to the vendor by clicking on the button legally binding order. In this connection, he must declare that he agrees to the present terms and conditions. Finally, the successfully concluded order will be shown to the customer. 4.3 By clicking on the button legally binding order, the customer is making a binding offer to conclude a contract with the vendor. The acceptance of this offer takes place when the vendor sends an order confirmation to the customer by We have accepted your order when we either have explicitly confirmed the order or have delivered the product to you. Please note that the confirmation of receipt of your order does not, in itself, constitute a binding acceptance of your offer. 4.5 The language of the contract is German 5 Right to modification The vendor reserves the right to changes in the structure and form of ordered products during the delivery period insofar as these are the result of a technical improvement or demand from 1

2 legal authorities or other public bodies. This reservation includes only such changes which solely modify the form and/or construction of the product insignificantly, and, especially, that do not reduce the value of the product for the customer and that are acceptable for the customer when taking into consideration the interests of both parties. 6 Storage of the contract text The contractual text of an order will be stored by the vendor. The customer can see this text in his customer account after the execution of his order. The vendor will also automatically send the customer an order confirmation with all order information, as well as the vendor s terms and conditions, to the address given by the customer. 7 Conditions of delivery At the latest, delivery to a shipping company tasked with the delivery of the order will take place 3 days after receipt of payment. The customer can, 7 days after expiration of the expected delivery date, request, in writing, that delivery takes place within an appropriate time frame; at the time of receipt of this request, the vendor will be in default of delivery. 2

3 8 Prices, shipping costs (1) All prices stated on the website webshop of the vendor are final prices including the statutory VAT. There will be shipping costs in addition to the stated prices. (2) Shipping costs for an order will be calculated by weight. An overview of shipping costs can be found at the link shipping [it would be best to put a direct link in here, if possible ]. 9 Terms of payment (1) Payment either cash in advance or by credit card. (2) For credit card payments, we work together with PayPal. Please note that the relevant information for payment of the purchase price, i.e., your name, credit card data and the amount of payment, will be given to PayPal. The data protection conditions of PayPal can be found here [add LINK: 10 Reservation of title The vendor reserves the right to ownership of the product delivered to the customer by the vendor until full and complete payment of the purchase price has been made. 11 Warranty claims In the case that one of our products is defective, you have, according to the relevant legal regulations, the following rights- A defect in a product is said to exist when the product we deliver, at the time of delivery, is defective or does not deliver the promised performance or features. Insofar as specific features are described on our website, they will be regarded as promised. Otherwise, a defect exists when the condition of the delivered product is not on the level expected according to the contract, or the product cannot be used for the expected purpose. Furthermore, we do not guarantee the product to be suitable for a specific purpose unless that purpose has been explicitly guaranteed. If you discover a defect, you must report this defect to us. In the case of a correct defect report, we are obligated to remedy the defect within a suitable timeframe or to deliver a product without defects (rectification). If we do not fulfil this obligation to rectify the defect, do not do so within a suitable timeframe, or rectification is not possible, you will then have the right to withdraw from the contract or to reduce the purchase price appropriately. Beyond that, we are obligated, if necessary, to compensate for any damages that you may have suffered. If we remedy the defect by replacing the product with one that is not defective, you are obligated to return the originally delivered product to us within 30 days, at our expense. You have the above-named rights only when the product defect was already present at the time of delivery. If the defect appears within 6 months, the presumption will be that it was already there at the time of delivery of the product. In this case, we must prove that the defect was not already there at the time of delivery. After the passage of 6 months, you must prove that the defect was already there at the time of delivery. The above rules are valid with the exception that your claims on account of a defect will be invalid after the passage of two years from the time of product delivery. 3 Right of cancellation As a consumer, you have the following legal right of cancellation. Cancellation instructions Right of cancellation You have the right to cancel this contract within 14 days without giving a reason. 3

4 The cancellation deadline is 14 days from the day that you, or your agent who is not the shipping company, have taken delivery of the product. To exercise your right of cancellation, you must notify us (IX-EL International GmbH, Carl-Fohr-Str. 3b, Miesbach, Germany, Telefax: +49 (0)8025 / , info@lightlifetoolseurope.com) of your decision to cancel this contract by means of an unequivocal declaration (e.g., by a letter, telefax or . For that purpose, you may use the attached Cancellation Template. Use of this template is, however, not mandatory. To comply with the cancellation deadline, it is sufficient that you send us the declaration of exercise of cancellation right before the expiration of the cancellation deadline. Results of the cancellation If you cancel this contract, we are obligated to repay to you, without delay and within 14 days at the latest after the day on which we received the declaration of your cancellation of this contract, all payments that we have received from you, including shipping costs (excepting extra costs that may have resulted from you choosing a shipping method that is more expensive than our standard shipping method). For this repayment we will use the same payment method that you used for the original transaction unless we have agreed with you on another method; we will, under no circumstances, charge you a fee in connection with this repayment. We can refuse to make the repayment until we have received the return shipment of the goods or until you have provided us with proof that the shipping company has received the goods for shipment, whichever comes first. You are obligated to return the product to us without delay and, in any case, at the latest within 14 days from the day that you reported the contract cancellation. The deadline is met if you initiate the return shipment before the expiration of the 14 days. You are responsible for the direct cost of the return shipment of the product. You will only be obligated to pay for a possible loss of value of the product if this loss of value can be shown to have resulted from you handling the product in a way that is not necessary for testing the condition, quality, and function of the product. End of the cancellation instructions Cancellation Form (If you wish to cancel the contract, please fill out this form and send it back to us.) To IX-EL International GmbH Carl-Fohr-Str. 3b Miesbach Germany Fax +49 (0)8025 / info@lightlifetoolseurope.com I/we wish to cancel the contract for the purchase of the following product(s): Ordered on (*)/received on (*) Name and address of buyer(s) Date Buyer s signature 4

5 (*) delete whatever does not apply 13 Liability (1) The vendor is liable for her own intentional or grossly negligent actions according to the relevant statutory provisions. This liability also applies when her legal representatives and subcontractors are guilty of intentional or grossly negligent actions. Below the threshold of gross negligence, the vendor is only liable in the case of negligence of cardinal obligations by herself, her legal representatives or subcontractors. In such a case, the liability of the vendor is limited to foreseeable damages typical for this type of contract. (2) The afore-mentioned liability limitations do not apply in the case of loss of life, bodily harm or damage to health. Mandatory legal provisions are not affected by these liability limitations. 14 Set off Prohibition The prohibition of offset by the customer in relation to the vendor is only allowed if there are uncontested or legally established claims 15 Applicable law, court of jurisdiction (1) The applicable law is the law of the Federal Republic of Germany excluding application of UN-sales law If the customer has made the order as a consumer, and his normal place of residence is another country at the time of the order, the application of mandatory legal provisions of that country are unaffected by the definition of applicable law in clause 1. If the customer is a businessman who is located in Germany at the time of placing the order, the court of jurisdiction will exclusively be the court in Miesbach, the location of the vendor. Otherwise, the rules for local and international jurisdiction apply according to the relevant legal rules. Status of the Terms and Conditions April