GENERAL ONLINE TERMS AND CONDITIONS OF SANTA LUPITA ONLINE SHOP
The General Online Terms and Conditions of SANTA LUPITA GmbH (SANTA LUPITA) shall apply exclusively to the agreements concluded by SANTA LUPITA Online shop in the version which was valid at the time of the conclusion of contract. We shall reserve the express right to make modifications to the General Online Terms and Conditions. We shall oppose any regulations in opposition hereto. Any deviations of these regulations shall take effect only subject to our express written confirmation. The respective current version can be viewed under the key word ‘Terms and Conditions’. During the ordering procedure, the Customer will receive continuous options to inspect, print out or store the General Online Terms and Conditions. Upon conclusion of the order, the Customer shall accept the General Online Terms and Conditions. Verbal collateral agreements must be documented on a continuous data carrier, such as an e-mail. Modifications to the General Online Terms and Conditions, including this clause, as well as agreements on delivery deadlines and dates, are also subject to our written confirmation.
1. Offers and conclusion of contract
The languages in which agreements can be concluded are English or German. The presentation of products in the online shop do not represent a legally binding offer, but a nonbinding online catalogue. It is SANTA LUPITA’s fair judgment to determine whether an order will be accepted. If the online order cannot be fulfilled by SANTA LUPITA, the Customer will be notified immediately by e-mail. This however requires that the Customer provides a correct e-mail address. When selecting merchandise and adding it to the shopping cart, the Customer will be given the option to verify the correctness of his/her order. After selecting the mode of payment, the Customer is given the opportunity to verify the details of his/her online purchase and, where appropriate, make the necessary corrections. Within this scope, the Customer is requested to approve the General Online Terms and Conditions. By this procedure, the Customer makes a legally binding offer for concluding the purchase agreement. Subsequently, the Customer will receive an order confirmation by e-mail within 24 hours. By this means SANTA LUPITA notifies the Customer that the order was duly transmitted. The purchase agreement however will be concluded only upon sending an e-mail by means of which the delivery of the merchandise is confirmed. By this delivery confirmation, the contract of purchase is legally completed.
2. Instructions on returns
a) Right of return
Goods purchased from SANTA LUPITA online shop are on a trial basis in the event that the Customer is a private individual. The Customer shall have a right of return. The Customer is entitled to enforce said right of return without specification of reasons within a return period of 14 days. The return period shall begin upon receipt of the goods and these instructions on returns. The purchase agreement shall become binding for the customer following this 14 day return period. Return shipping of the goods must be addressed to: Santa Lupita GmbH, Bergstrasse 12, 82152 Krailling, Germany.
b) Consequences of returns
The shipping costs for the return of goods within and outside of the European Union have to be payed by the Customer.
c) Return shipping
To return the products, the Customer will have to hand in the package to a post office or a trusted delivery service (DHL, FedEx, UPS, TNT, etc.) and request a tracking number. The customer is required to carry out the return shipping of the goods in the country in which the customer originally received the goods. In case that a custom declaration is required for international returns, the Customer shall declare the shipment as a "PURCHASE RETURN" and declare a value of 1.00 USD. Shall the Customer provide a custom declaration using other information and shall additional costs arise from it, SANTA LUPITA reserves the right to deduce these costs from the amount originally payed by the customer.
3. Prices, payments
The applicable prices are those listed at the time of ordering. All prices include the statutory rate of VAT; delivery charges will be invoiced separately. Optional discounting does not exist. All additional costs, such as import sales tax or duty shall be borne by the recipient. We accept the following payment methods: credit card (VISA/MasterCard/American Express) and PayPal. All payments and credits shall be handled in the currency (Euro) in which the purchase is fulfilled.
4 Credit cards
With this mode of payment, the amount will be reserved on the Customer's credit card at the time of the online purchase. The credit cards will be actually debited parallel to preparing the delivery confirmation by e-mail. Any reimbursements claims by the Customer will be credited by SANTA LUPITA to the Customer's credit card account.
With this mode of payment, the Customer will be forwarded to the PayPal website after clicking confirmation. Upon conclusion of the payment via the independent PayPal account, the Customer is requested to conclude the purchase in the online shop. Subsequently, the Customer will receive an e-mail confirmation from the online shop and from PayPal. Any reimbursement claims on the part of the Customer will be credited to the Customer’s PayPal account.
6. Delivery & shipping
Customers select DHL for package shipping within Germany and UPS to other European countries. Shipping beyond European countries takes place by UPS in cooperation with its international partners. Unless otherwise agreed, deliveries to the address the ordering party specifies shall take 3 to 7 working days within Europe and 5 to 12 working days beyond Europe, depending on the place of delivery. Costs, which are incurred due to incorrect address information may be passed on to the Customer. SANTA LUPITA shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address. Details regarding delivery deadlines relate to estimated time of delivery. The delivery deadline may be reasonably extended in the case of events, which may render delivery extremely difficult and on which SANTA LUPITA has no influence, and may considerably affect the delivery deadline. SANTA LUPITA shall notify the Customer immediately in the case of corresponding delivery problems. In the case of a withdrawal by SANTA LUPITA, the Customer will be reimbursed the effected payments immediately. This shall not affect the Customer’s additional legal claims.
7. Transport damage
If merchandise is delivered with obvious damage to the packaging or content, the Customer shall report the damage immediately irrespective of warranty rights and refuse to accept delivery. SANTA LUPITA online shop must be notified immediately by e-mail: email@example.com
8. Reservation of title
The merchandise shall remain SANTA LUPITA’s property until payment has been made in full.
9. Reservation of delivery
SANTA LUPITA shall be released from any obligation to fulfil the agreement in the event that it is not possible to deliver any item. Customers shall be informed within 24 hours in the event that it shall not be possible to deliver any item; any advance payments will be reimbursed without delay.
The statutory warranty rights should apply to all deliveries. The statutory period of limitation for legal warranty claims is one year and starts upon delivery of the merchandise.
11. Disclaimer for third-party links
SANTA LUPITA expressly declares not to have any influence on the design and contents of third party webpages for which SANTA LUPITA online shop may contain links to. This shall apply to all displayed links and all contents of webpages leading to said links. For this reason SANTA LUPITA hereby expressly disassociates itself from all contents of orders linked to third-party webpages and does not make these its own.
SANTA LUPITA points out that the colouration of the product images presented in the online shop are contingent upon the respective settings of the Customer’s monitor and may vary slightly from the colour of the supplied product. All images and photographs are copyrighted. The use of images and photographs without express permission by SANTA LUPITA is prohibited. SANTA LUPITA reserves the right to assert all claims in accordance with the Copyright Act.
13. Data protection
In the case of data processing, concerns relating to the Customer’s data protection will be taken into consideration in accordance with the legal regulations. In principle, all personal data will be treated confidentially. The data requirements for handling transactions will be stored. For the purpose of examining a Customer's credit worthiness and solvency control during the term of the contractual relations, the address and solvency data may, if appropriate, be delivered to Schufa, 65203 Wiesbaden, Germany, and other business information services. Furthermore, address and order data can be collected and processed for own marketing purposes. Notice: The Customer may oppose and/or revoke said use, processing and/or transmission of its data for marketing purposes at any time by notifying us. Upon receipt of an opposition and/or the revocation, SANTA LUPITA will no longer use and process the data in question for marketing purposes and/or immediately discontinue the further sending of advertising material and/or no longer disseminate the data for marketing purposes.
14. Jurisdictional venue
The jurisdictional venue for all disputes from SANTA LUPITA’s agreements with Customers that are merchants or do not have a general jurisdictional venue in Germany shall be Krailling, Germany.
15. Salvation clause
Should individual provisions of this General Online Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of this Agreement. The invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.
Parties responsible for the content:
Santa Lupita GmbH
VAT No. DE311263523
Commercial Register: Munich
Terms of business (As per 06/2015)
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SANTA LUPITA GmbH