2. Conclusion of the Contract
3. Right of Cancellation
4. Price and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Title
7. Defect Liability
8. Redemption of Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Information about the Online Dispute Resolution
1.1 These Terms and Conditions of the company KISSA Tea GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the seller’s online shop do not constitute binding offers on the part of the seller, but merely serve the purpose of submitting a binding offer by the client.
2.2 The client may submit the offer by the online order form integrated into the seller’s online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The seller may accept the client’s offer within five days.
– By transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the client is decisive, or
– By delivering ordered goods to the client; insofar receipt of goods by the client is decisive, or
– By requesting the client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. should the seller not accept the client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the seller and will be sent to the client in writing including these terms and conditions and client information (for example via e-mail, fax or letter) after the client has submitted his order. in addition, the contract’s content will be stored on the seller’s website and can be found by the client in the customer login via the password-protected customer account, provided the client has created a customer account in the online shop prior to submitting his order.
2.6 The client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is english.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e- mails sent by the seller can be received at this address. Particularly, it is the client`s responsibility, if spam filters are used, to ensure that all e- mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3. RIGHT OF CANCELLATION
3.1 Consumers are basically entitled to the right of cancellation
3.2 Further information on the right of cancellation are derived from the seller’s revocation instruction.
4. PRICE AND PAYMENT CONDITIONS
4.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 In case of delivery to countries outside the European Union, additional costs may apply, for which the seller is not responsible and which are liable to the consumer. These costs include for example the transfer of funds by credit institutions (transfer fees, exchange fees) or import duties (customs). Such costs may also apply in terms of transferring funds, if goods are deliverd within the European Union, but the customers makes the payment from a country outside the EU.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop .
5. SHIPMENT AND DELIVERY CONDITIONS
5.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client. In the processing of the transaction, the delivery address indicated in the Seller’s order processing documents shall be applicable. With selection of the payment method „PayPal“ the delivery address provided by the Client to PayPal is applicable.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3. Personal collection is not possible for logistical reasons.
5.4. Vouchers will be given to the customer as follows:
• via e-Mail
• via download
• via mail
6. RESERVATION OF TITLE
The goods shall remain the company’s property until they have been paid for in full.
7. DEFECT LIABILITY
7.1 Should the object of purchase be deficient, statutory regulatuons of liability for defects shall apply.
7.2 If the Client is a consumer, the forwarding agent has
to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not
affect his/her statutory or contractual claims for defects.
8. REDEMPTION OF VOUCHERS
8.1 Vouchers that are allocated by the seller within the scope of advertising measures free of charge and with a specific validity period and that cannot be purchased by a customer, can only be redeemed in the seller’s online shop and only within the defined period.
8.2 Individual products may be excluded from the voucher campaign if the exclusion is derived from the content of the voucher.
8.3 Voucher can only be redeemed prior to completion of the ordering process. A later redemption is not possible.
8.4 Per order only one voucher can be redeemed.
8.5 The value of the goods must be at least as high as the vouchers value. A possible remaining balance cannot be paid out.
8.6 If the value of the ordered goods exceeds the vouchers value, the remaining amount can be paid via one of the payment methods offered by the seller.
8.7 The credit of a voucher can neither be paid out in cash nor paid interest on.
8.8 The voucher may not be refunded, if the client returns the paid for or partially paid for goods within the scope of his right of revocation.
8.9 The voucher is transferrable. The seller may perform with liberating effect, to the holder of the voucher, who redeems the voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incompetency or inadequate right of representation of the voucher’s holder.
9. APPLICABLE LAW
All legal relationships of the parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods. For consumers this choice of law is applicable only insofar as the provided protection is not withdrawn due to binding statutes of the law of the state in which the consumer resides.
10. PLACE OF JURISDICTION
If the client acts as a trader, a legal person under public law or a special fund under public law having its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is seller’s registered office. If the client resides outside the territory of the Federal Republic of Germany, the seller’s registered office is the exclusive place of jurisdiction for all disputes arising from the contract, if the contract or matters relating to the contract can be added to the client’s vocational or commercial activity. However the seller is in the above cases entitled to call the court at the seat of the client.
11. INFORMATION ABOUT THE ONLINE DISPUTE RESOLUTION
The EU-Commission provides a platform for Online Dispute Resolution via the following link: http://ec.europa.eu/consumers/odr
This platform is the first contact point for settling disputes out-of-court, that arise from online sales contracts involving a consumer.