תנאי שימוש
Section 1 - Definitions
In these General Conditions, the following terms shall be interpreted as follows:
Cancellation period: the period during which the consumer can exercise his right to cancel;
Consumer: an individual who does not operate in a professional or business context, who enters into a remote contract with the entrepreneur;
Day: calendar day;
Fixed-term transaction: A distance contract that relates to a series of products and/or services whose obligation to provide and/or purchase extends over time.
Durable data storage medium: Any medium that allows a consumer or merchant to store personally identifiable information so that it can be viewed in the future and copied without modification.
Right of cancellation: The consumer's option to cancel the contract remotely within the cancellation period.
Entrepreneur: The natural person or legal entity that offers products and/or services to the consumer through distance selling.
Distance contract: An agreement under which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, one or more means of distance communication are used only until the contract is concluded.
Distance communication means: A means that can be used to conclude an agreement without the consumer and the business being in the same room at the same time.
General Terms and Conditions: The current general terms and conditions of the developer.
Section 2 - Identity of the entrepreneur
Information about the developer upon request.
Section 3 - Applicability
These general terms and conditions apply to all offers of the entrepreneur and to all contracts and distance orders concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before concluding a distance contract, the general terms and conditions will be indicated as available for inspection at the trader's offices and will be sent to the consumer free of charge as soon as possible upon request.
If, contrary to the provisions of the previous paragraph, a distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means, so that the latter can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If, in addition to these general terms and conditions, specific terms and conditions apply to a product or service, the provisions of sections 2 and 3 shall apply mutatis mutandis, and in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most beneficial to him.
If at any time one or more provisions of these General Terms and Conditions are held to be illegal or invalid, in whole or in part, the remainder of the contract and these General Terms and Conditions shall remain in full force and effect, and the provision in question shall be immediately replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original provision.
Situations not covered by these general conditions will be assessed "on a case-by-case basis."
Any ambiguity relating to the interpretation or content of one or more provisions of our General Terms of Use will be interpreted “in accordance with the spirit” of the General Terms of Use.
Section 4 - The Proposal
If the offer has a limited validity period or is subject to conditions, this must be explicitly stated in the offer.
The offer is not binding. The entrepreneur may change and adapt the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, they faithfully represent the products and/or services offered. Clear or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and offer data are indicative and cannot be used as grounds for compensation or cancellation of the agreement.
The product images are a faithful representation of the products offered. The developer cannot guarantee that the colors shown exactly match the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations arise from accepting the offer. This applies in particular to
The price does not include customs clearance costs and VAT on import. These additional costs are the responsibility and risk of the customer. The postal service and/or courier service applies the special regulations for postal and courier services on import. These regulations apply if the goods are imported into the destination country in the European Union, which is the case here. The postal service and/or courier service collects the VAT (and customs clearance costs, if applicable) from the recipient of the goods;
Shipping costs, if applicable;
The manner of concluding the contract and the means required for this purpose;
Does the right of cancellation apply?
Terms of payment, delivery and performance of the contract
The period for accepting the offer or the period during which the contractor guarantees the price
The amount of the remote communication fee if the costs of using remote communication technology are calculated on a basis different from the general basic rate for the means of communication used
Is the contract preserved after it is concluded, and if so, how can the consumer review it?
The manner in which the consumer can check the information he provided in the contract and correct it, if he wishes, before concluding the contract
The languages, other than English, in which the contract can be concluded
The codes of conduct that the trader is obliged to adhere to and the manner in which the consumer can consult these codes of conduct electronically; and
The minimum duration of a remote contract, if it is a fixed-term contract.
Optional: sizes, colors and material types are available.
Article 5 - The Contract
Without prejudice to the provisions of Section 4, the contract is concluded on the date on which the consumer accepts the offer and complies with the conditions specified therein.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm the acceptance of the offer by electronic means. As long as the trader has not confirmed the acceptance of the offer, the consumer may withdraw from the contract.
If the contract is concluded by electronic means, the trader must take appropriate technical and organizational measures to protect the electronic data transmission and ensure a secure internet environment. If the consumer can pay by electronic means, the trader must take appropriate security measures.
The trader may – within the limits of the law – obtain information about the consumer’s ability to meet his payment obligations and all the facts and factors relevant to the responsible conclusion of a distance contract. If, based on this assessment, the trader has reasonable grounds not to conclude the contract, he may refuse the order or request or impose specific conditions for its implementation, stating his reasons.
The trader will provide the consumer with the following information along with the product or service, in writing or in a way that the consumer can keep it in an accessible manner on durable media:
The address of the merchant's office to which the consumer can direct his complaints
The conditions and means by which the consumer can exercise his right of withdrawal, or, where necessary, clear information that he is exempt from the right of withdrawal
Information about existing warranties and after-sales services
The information specified in Article 4, paragraph 3 of these Terms, unless the trader has already provided this information to the consumer before the conclusion of the contract
The conditions for canceling the contract if it is for a period of more than one year or for an unlimited period.
In the case of a fixed-term contract, the provision in the previous paragraph applies only to the first shipment.
Each contract is signed subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of cancellation
When purchasing products, the consumer has the right to cancel the contract without giving a reason within a period of 14 days. The cooling-off period begins on the day after the consumer or a representative designated by the consumer receives the product and notifies the entrepreneur of this.
During the cooling-off period, the consumer must handle the product and its packaging with care. He shall open the packaging or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied to him, and if possible in its original condition and packaging, to the entrepreneur in accordance with reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right to cancel, he must notify the entrepreneur within 14 days of receiving the product. The consumer must do this by written notice/email. After notifying him of his desire to exercise his right to cancel, the consumer must return the product within 14 days. The consumer must prove that he returned the product on time, for example by presenting a delivery confirmation.
If the consumer has not expressed his desire to exercise his right of cancellation or has not returned the product to the entrepreneur after the expiry of the periods mentioned in sections 2 and 3, the purchase is a fait accompli.
Article 7 - Expenses in the event of cancellation
If the consumer exercises his right to cancel, he must bear the costs of returning the product.
If the consumer has paid any amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received by the entrepreneur or proof of full return can be presented.
Article 8 - Denial of the right of cancellation
The trader may waive the consumer's right of withdrawal in relation to the products mentioned in sections 2 and 3. Waiving the right of withdrawal is only permitted for the products described in sections 1 and 2. Waiving the right of withdrawal is only valid if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
The right of cancellation is only valid for products
Manufactured by the merchant according to the consumer's specifications
They have a distinct personal character.
which are non-refundable due to their nature
that break down or become obsolete quickly
whose price is subject to fluctuations in the financial market that are beyond the trader's control;
Individual newspapers and magazines
Audio and video recordings and computer software that the consumer has opened
Hygiene products that the consumer has opened.
Exclusion of the right of cancellation is only possible for services
relating to accommodation, transportation, dining, or recreational activities that must be provided on a specific day or during a specific period
If the delivery has begun with the express consent of the consumer before the end of the cancellation period;
Gambling and lotteries.
Right of cancellation:
If a customer decides to return an item, the Company may charge a return fee. The return fee may be a percentage (15%) of the purchase amount, and may be deducted from the amount refunded or charged separately to the customer. Customers are advised to contact the Company in advance to arrange the return and discuss any concerns or issues. The Company reserves the right to refuse or delay returns if the returned items are damaged, used or not in their original packaging.
Article 9 - Price
During the validity period specified in the offer, the prices of the products and/or services offered will not increase, except for price changes resulting from changes in VAT rates.
Contrary to the provisions of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The connection to the fluctuations and the fact that the prices indicated are target prices will be mentioned in the offer.
Price increases within 3 months of the date of conclusion of the contract are permitted only if they arise from legal provisions or regulations.
Price increases starting three months after the conclusion of the contract are permitted only if the developer has determined them and if
They arise from provisions of law or regulations; or
The consumer has the right to cancel the contract on the day the price increase comes into effect.
The place of delivery under section 5(1) of the VAT Act 1968 is the country in which the transport begins. In this case, the delivery takes place outside the European Union. Therefore, the postal service or courier service will charge the customer import VAT or handling fee. Therefore, the supplier will not charge VAT.
All prices are subject to typographical errors. No responsibility will be assumed for the consequences of typographical errors and typing errors. In the event of typographical errors and typing errors, the Supplier will not be obligated to supply the product at an incorrect price.
Section 10 - Compliance and Liability
The contractor undertakes that the products and/or services comply with the agreement, the specifications detailed in the proposal, the reasonable requirements regarding strength and/or usability and the legal provisions and/or government regulations applicable at the time of conclusion of the agreement. If so agreed, the entrepreneur also undertakes that the product is suitable for non-ordinary use.
The liability of the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can claim from the entrepreneur based on the agreement.
Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The developer's warranty period corresponds to the manufacturer's warranty period. However, the developer is in no way responsible for the final suitability of the products for any individual use of the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if
The consumer repaired and/or adjusted the delivered products himself or ordered their repair and/or adjustment by a third party.
The delivered products were exposed to unusual conditions or were handled negligently or contrary to the entrepreneur's instructions and/or the packaging was changed.
The defect arises, in whole or in part, from government regulations concerning the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur must act with the utmost caution in accepting and executing product orders.
The place of delivery is the address provided by the consumer to the entrepreneur.
Without prejudice to Article 4 of these General Terms and Conditions, the entrepreneur will execute orders received as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if the order cannot be executed or can only be executed partially, the consumer will be notified of this within 30 days of the date of the order. In this case, the consumer may cancel the contract free of charge and without the right to compensation.
In the event of cancellation in accordance with the previous paragraph, the merchant will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the merchant undertakes to provide a replacement product. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement product will be delivered. The right of cancellation cannot be denied for replacement products. The return shipping costs will be borne by the merchant.
The risk of damage and/or loss of the products rests with the merchant until the moment of delivery to the consumer or to a representative who has been determined in advance and brought to the merchant's attention, unless otherwise expressly agreed.
Article 12 - Contract validity: duration, termination and extension
Cancellation
The consumer may cancel an open contract for the regular supply of products (including electricity) or for the provision of services at any time, in accordance with the agreed cancellation rules and subject to a maximum of one month's notice.
The consumer may cancel a fixed-term contract entered into for the regular supply of products (including electricity) or for the provision of services at any time at the end of the agreed period, in accordance with the applicable cancellation rules and by giving a maximum of one month's notice.
The consumer may cancel the contracts mentioned in the previous sections at any time.
End them at any time and not be limited to a specific date or period;
Finish them at least the same way they were cut.
Always terminate them with the same notice period set by the employer.
Innovation
A contract entered into for a fixed period relating to the regular supply of products (including electricity) or the provision of services shall not be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer is entitled to cancel the renewed contract before the end of the renewal period, giving a maximum of one month's notice.
A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an unlimited period only if the consumer is entitled to cancel the contract at any time, with a maximum of one month's notice, and a maximum of three months if the contract relates to the regular, but not monthly, supply of newspapers, newsletters and weeklies.
A fixed-term contract for the regular supply of newspapers, newsletters and magazines on a trial basis (trial subscription or introductory subscription) is not tacitly extended and automatically terminates at the end of the trial or introductory period.
Period
In contracts for a period of more than one year, the consumer may cancel the contract at any time after one year, with up to one month's notice, unless cancellation before the end of the agreed period is permitted according to the rules of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts due from the consumer shall be paid within 7 working days from the beginning of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins when the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracy in the payment data provided or specified.
In the event of non-payment by the consumer, the entrepreneur may, subject to legal restrictions, charge reasonable costs that the consumer has been notified of in advance.
Article 14 - Claims
Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer discovered the defects, with a full and clear description of them.
Complaints submitted to the entrepreneur will be responded to within 14 days of receipt. If it can be expected that a complaint will require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of the date by which the consumer can expect a more detailed response.
If the claim cannot be resolved by mutual agreement, a dispute arises that is subject to a dispute resolution procedure.
A complaint does not delay the merchant's obligations, unless the merchant specifies otherwise in writing.
If the entrepreneur believes the complaint is justified, he will replace or repair the delivered products free of charge, at his discretion.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer, to which these Terms of Use apply, are exclusively subject to Singapore law, even if the consumer resides abroad.