General terms and conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
- Withdrawal Period: The period within which the consumer can exercise their right of withdrawal.
- Right of Withdrawal: The right of the consumer to revoke the distance contract within the withdrawal period.
- Consumer: A natural person not acting in the course of a commercial or professional activity and who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Durable Medium: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
- Distance Contract: A contract in which, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of distance communication up to and including the conclusion of the contract are used exclusively.
- Means of Distance Communication: Means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the text will be sent to the consumer before the distance contract is concluded.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium before the distance contract is concluded.
In the case of specific product or service conditions, these also apply. In the event of conflicting general terms and conditions, the consumer may invoke the most favorable applicable provision.
Should one or more provisions of these general terms and conditions be invalid or annulled at any time, the remaining provisions will remain in full force.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of these general terms and conditions should be interpreted in the spirit of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
Article 5 - The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the contract.
In the case of electronic contract conclusion, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data.
The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good grounds not to conclude the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visit address of the entrepreneur’s business where the consumer can go with complaints; b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about existing customer service and guarantees; d. the data included in article 4.3 of these conditions, unless the entrepreneur has already provided the consumer with this information before the conclusion of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to rescind the contract without giving any reason within 30 days. This withdrawal period starts the day after the consumer, or a pre-designated representative, receives the product.
During the withdrawal period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product as necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises the right of withdrawal, they will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur.
The consumer must inform the entrepreneur within 30 days after receiving the product of their intention to exercise the right of withdrawal. The consumer can do this via a written notice or email.
After exercising the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof of timely shipment of the product, for example, a return receipt.
If the consumer has not exercised their right of withdrawal within the periods specified in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they will bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the entrepreneur has received the product back or the consumer can provide proof of complete return shipment.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the following products: a. Products made according to the consumer’s specifications; b. Products that are clearly personal in nature; c. Products that cannot be returned due to their nature; d. Products that spoil or age quickly; e. Products whose price depends on fluctuations in the financial market over which the entrepreneur has no influence; f. Single issued newspapers and magazines; g. Audio and video recordings and computer software of which the consumer has broken the seal; h. Hygiene products of which the consumer has broken the seal.
For services: a. Services related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b. Services started with the express consent of the consumer before the withdrawal period has expired; c. Services concerning bets and lotteries.
Article 9 - Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence.
Price increases within 3 months after the contract conclusion are only allowed if they result from statutory regulations or provisions.
Price increases after 3 months after the contract conclusion are only allowed if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the contract from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the contract conclusion.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: a. the consumer has repaired and/or altered the products themselves or has had them repaired and/or altered by third parties; b. the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions; c. the defects are wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these terms and conditions, the company will execute accepted orders promptly but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In case of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be stated clearly and comprehensibly at the latest at the delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination: a. The consumer can terminate an open-ended contract that provides for the regular delivery of goods (including electricity) or services at any time with a notice period of one month. b. The consumer can terminate a fixed-term contract that provides for the regular delivery of goods (including electricity) or services at any time at the end of the fixed term. c. Consumers can terminate the contract:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same way as they entered into the contract;
- always with the same notice period the entrepreneur has stipulated for themselves.
Extension: a. A fixed-term contract that provides for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period. b. Contrary to the previous paragraph, a fixed-term contract that provides for the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly extended for a fixed period of up to three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of one month.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer are to be paid within 7 working days after the start of the withdrawal period referred to in article 6.1. In the case of a service contract, this period begins after the consumer has received the confirmation of the contract.
The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur immediately.
In case of consumer non-payment, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.
Article 14 - Complaints Procedure
Complaints about the contract performance must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
The entrepreneur will respond to complaints submitted within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If the entrepreneur deems a complaint justified, they will, at their discretion, replace or repair the delivered products free of charge.
Article 15 - Applicable Law
These terms and conditions and any separate agreements whereby we provide you with services are governed by and construed in accordance with the laws of the United Kingdom.