General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period
The period within which the consumer may exercise their right of withdrawal.
Consumer
The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day
Calendar day.
Long-term transaction
A distance contract relating to a series of products and/or services, where the obligation to supply and/or receive is spread over time.
Durable data carrier
Any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future access and unaltered reproduction of the stored information.
Right of withdrawal
The option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur
The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract
A contract concluded within the framework of an organized system for distance selling of products and/or services, whereby only one or more means of distance communication are used up to and including the conclusion of the contract.
Means of distance communication
A method that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions
These General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During this period, the consumer shall handle the product and packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be reviewed at the entrepreneur's premises and that they will be sent free of charge upon request by the consumer.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the rest of these conditions shall remain in effect, and the relevant provision shall be replaced by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms 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 made under certain conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding for the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to clarify the rights and obligations attached to the acceptance of the offer. This includes in particular:
- Any shipping costs
- The method by which the contract will be concluded and the steps required
- Whether or not the right of withdrawal applies
- The method of payment, delivery, and execution of the contract
- The term for accepting the offer, or the period within which the entrepreneur guarantees the price
- The rate for distance communication if it differs from the basic rate
- Whether the contract will be archived and how it can be accessed by the consumer
- The method by which the consumer can check and, if necessary, correct the information provided
- The languages in which the agreement can be concluded
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically
- The minimum duration of the distance contract in the event of a long-term transaction
Optional: available sizes, colors, material types
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. Until this receipt is confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electroni
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 30 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. Notification must be made in writing or via email.
After the consumer has expressed their intention to use the right of withdrawal, they must return the product within 30 days. The consumer must be able to prove that the product has been returned on time, for example, through proof of shipment.
If the consumer has not expressed the intention to use the right of withdrawal within the periods mentioned in paragraph 2 and 3 and/or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. The condition for this refund is that the returned product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for certain products, as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with the consumer's specifications
- That are clearly personal in nature
- That by their nature cannot be returned
- That can spoil or age quickly
- Whose price depends on fluctuations in the financial market that are beyond the entrepreneur’s control
- Single issues of newspapers and magazines
- Media and video recordings and computer software whose seals have been broken by the consumer
- Hygienic products whose seals have been broken by the consumer
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices when these are subject to fluctuations in the financial market and beyond the entrepreneur’s control. These fluctuations and the fact that any listed prices are target prices shall be stated in the offer.
Price increases within three months after concluding the contract are only permitted if they result from legal regulations or provisions.
Price increases after three months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- They result from legal regulations or provisions
- The consumer has the right to terminate the contract from the day the price increase takes effect
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their 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 or for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or the packaging
- The defect results wholly or partially from regulations imposed or to be imposed by the government regarding the nature or quality of the materials used
Article 11 – Delivery and Execution
The entrepreneur shall take the utmost care when receiving and executing orders for products.
Subject to the provisions in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot or only partially be fulfilled, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. It shall be clearly and understandably stated at the latest upon delivery that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time and not be limited to termination at a specific time or during a specific period
- At least in the same manner as they were concluded
- Always with the same notice period as the entrepreneur has stipulated for themselves
Renewal
A contract concluded for a definite period and involving the regular delivery of products or services may not be tacitly renewed or extended for a fixed duration.
By way of derogation, a contract concluded for a definite period and involving the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period and involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term contract for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts payable by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(1).
In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur is entitled to charge reasonable costs that were made known in advance to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of 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 a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by UAE law, even if the consumer resides abroad.