1 SCOPE AND PARTIES
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between our company(the “company”)and the customer (the “Customer”),and apply to transactions at thisOnline Store . When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer’s order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).
(2) The following company provides customer service for the Online Store on the Seller’s behalf. The Customer may contact it with questions, requests or complaints: E-mail: firstname.lastname@example.org
2 THE ORDER PROCESS
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller’s range of goods and collect these in a “Shopping Bag” by clicking on the “Add to Shopping Bag” button. By clicking on the button “Place order and pay”, the Customer makes an offer to purchase the goods that are in his Shopping Bag (the “Order”).
(3) Goods will only be delivered in the quantities usual for private households. For business inquiries please contact email@example.com.
(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the “Shopping Bag & Checkout” button.
(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer’s offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the “Contract Confirmation”).
(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.
(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items),and refund the Customer the pre-payment without delay.
(9) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation),and forward it to the Customer.
3 DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 6to 8business days from the contract confirmation within the USA and 12 to 15 business days outside of the USA (subject to availability). Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store’s information pages.
(2) After the goods have been handed over to the carrier, the Customer will receive an e -mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order. The delivery is made through USPS or HKPS.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller’s own supplier to deliver or force majeure),it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
4 PRICES AND DELIVERY CHARGES
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges. Shipping costs may vary depending on the country of the shipment. The final cost of shipping will be displayed in the checkout. All applicable duties and taxes are included. Please contact our customer service for any questions: firstname.lastname@example.org
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
(3) For orders we offer the payment methods credit card, Paypal. We reserve the right to exclude certain payment for certain clients.
(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.
The Customer has certain rights under the law. These include:
(i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and
(ii) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.
(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.
(2) The Seller is not responsible for losses and damage that the Customer might suffer which are: – not caused by the Seller’s breach of these General Terms and Conditions; – a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website; a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason; – caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); – failure by the Seller to meet any of its obligations where it is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.
(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.
(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.
8 CHOICE OF LAW AND JURISDICTION
(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of HongKong. HongKong is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.
(2) The contractual language is English
9 DISCOUNT CODES
(1) Multiple discount codes can not be combined for a purchase.
(2) Discount codes can not be used for products which are already on sale.