General Terms an Conditions
GENERAL TERMS AND CONDITIONS
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Reservation of Proprietary Rights
- Liability for defects (warranty)
- Applicable Law
- Code of Conduct
- Information on Online Settlements of Disputes
1. SCOPE OF APPLICATION
1.1 The SERENE HOUSE Webshop (SERENE HOUSE EUROPE AG, Brändistr. 18, 6048 Horw, Switzerland) only supplies customers in Germany or customers residing in Germany and supplies their orders abroad. We have therefore based our terms and conditions on German legislation.
1.2 These terms and conditions by SERENE HOUSE EUROPE AG (hereinafter "seller") apply to all contracts which a consumer or entrepreneur (hereinafter "Customer") completed with the seller regarding good and/or services presented in its online store. The inclusion of the customer's own conditions is herewith waved, unless it has been otherwise agreed upon.
1.3 Within these terms and conditions, a customer is any natural person who enters into a transaction for purposes, which predominantly can be attributed neither to their commercial business activity nor their self-employed occupation. Entrepreneur within these terms and conditions is a natural or legal person or a judicable partnership that in concluding a legal transaction is acting in the interest of its commercial or independent business activity.
2. CONCLUSION OF CONTRACT
2.1 The product descriptions in the online shop of the seller are not binding offers on the part of the seller, but are intended to be used by the customer to submit a binding offer to the seller.
2.2 The customer can submit the offer in the seller's online shop via the integrated online order form. After adding the selected goods and/or services in the virtual shopping basket and proceeding through the electronic order process, the customer will then make a legally binding contract offer regarding the goods and/or services in the shopping basket by clicking the final button of the order process. The customer may also make the offer to the seller by telephone, fax, email or via postal mail.
2.3 The seller may accept the offer of the customer within five days,
- by forwarding a written confirmation or a confirmation in writing (fax or e-mail) to the customer, whereat the receipt of the order confirmation by the customer is decisive,
- by delivering the ordered goods to the customer, whereat the receipt of goods by the customer is decisive, or
- by instructing the customer for payment after the order has been placed.
If several of the above alternatives apply, the contract is concluded at the time in which one of the aforementioned alternatives occurs first. The deadline for accepting the offer starts on the day after the customer made the offer and ends with the end of the fifth day after the offer had been made. If the seller does not accept the customer's offer with the aforementioned period, it is then considered as rejection of the offer, resulting in the customer being no longer bound by his declaration of intention.
2.5 By submitting an order via the seller's online order form, the contract text will be stored by the seller and then sent to customer in writing (e.g. email, fax or letter), along with the terms and conditions once the order has been placed. In addition, the text of the contract will also be archived on the seller's website and can be accessed by the customer free of charge via the password protected customer account, provided that the customer had created a customer account in the seller's online shop prior to submitting his order.
2.6 Before making the order binding, the customer is able to continuously adapt the order via the seller's online order form, using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions before the binding submission of the order.
2.7 The conclusion of the contract is only available in German language.
2.8 The order process and contact is usually done by e-mail and automated order processing. The customer must ensure that his or her supplied email address for the order process is correct so that at this address the seller's emails can be received. In particular, the customer must ensure that, if SPAM filters are used, all emails by the seller of by third parties involved in the order process can be received.
3. RIGHT OF WITHDRAWAL
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time the contract was outside the European Union.
4. PRICES AND TERMS AND CONDITIONS
4.1 Unless explicitly stated in the seller’s product description, indicated prices are total prices and include VAT. Where applicable, additional delivery and shipping costs are displayed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may incur for which the seller is not responsible and which are borne by the customer. These include costs for the transfer of funds through banks (for example, transfer fees, currency exchange fees) or legal import duties and taxes (for example customs duties). These costs may also be incurred if the delivery is not made to a country outside the European Union, but if the customer makes payment from a country outside the European Union.
4.3 In the seller's online shop there are several payment options available and specified for the customer to choose from.
4.4 If prepayment has been agreed, payment is due immediately after the contract has been concluded.
4.6 If the payment option payment by invoice is chosen, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days after receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer payment by invoice up to a certain order volume and to refuse this payment option when the specified order volume has been exceeded. In this case, the seller will inform the customer on the limitation in his payment information in the online shop. The seller also reserves the right to perform a credit check when paying by invoice and reject this payment method upon a negative credit check.
4.7 If paying by credit card, the invoice amount is due immediately upon conclusion of the contract. The settlement of the credit card payment will be made in cooperation with the secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) to which the seller assigns his payment claim. The secupay AG will immediately deduct the payable amount from the credit card provided. In the case of an assignment, payment can only be made to the secupay AG in discharge of their liabilities[EU2] . The credit card will be charged immediately after the customer order has been submitted via the online shop. The provider is responsible for general customer inquiries, such as delivery time, delivery period, returns, complaints, withdrawal statements and consignment of such or credit notes, even if payment is made by Credit card via the secupay AG.
5. DELIVERY AND SHIPPING TERMS
5.1 Goods are delivered by mail to the delivery address supplied by the customer, unless otherwise agreed. Shipping is carried out by a service provider based in Germany and exclusively by DHL package. During completion of the transaction, the delivery address specified in the seller's order process is applicable, unless payment was made through PayPal, in which case the delivery address provided by the customer to PayPal is applicable.
5.2 If the shipping company sends the goods back to the seller, as it was unable to deliver the goods to the customer, the customer will be responsible to bear the costs of this unsuccessful delivery. This does not apply if the customer effectively exercises his right of withdrawal, if he was not responsible for the circumstance which led to the unsuccessful delivery or if he was temporarily unable to accept the service offered, unless the seller had given him reasonable notice of the expected delivery in advance.
5.3 Collection in person is not possible for logistical reasons.
6. RESERVATION OF PROPRIETARY RIGHT
In case the seller carries out work/supplies good upfront, he reserves the proprietary rights of the supplied goods until full payment has been made.
7. LIABILITY FOR DEFECT (WARRANTY)
7.1 If the item purchased is deficient, the provisions of the statutory liability for defects apply.
7.2 We kindly ask the customer to make a claim to the deliver for any delivered goods with obvious damages and to inform the seller accordingly. If the customer does not comply, this has no effect on his legal or contractual warranty claims.
8. APPLICABLE LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the Convention on the International Sales of Goods (CISG). For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence.
9. CODE OF CONDUCT
The seller complies with the Trusted Shops quality criteria, which are available at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
10. INFORMATION ON ONLINE SETTLEMENTS OF DISPUTES
The EU Commission provides an online dispute settlement platform under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.