-------------------------------------------------- -----
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
-------------------------------------------------- -----
TABLE OF CONTENTS
------------------
1. SCOPE
2. CONCLUSION OF CONTRACT
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
5. DELIVERY AND SHIPPING TERMS
6. RESERVATION OF TITLE
7. LIABILITY FOR DEFECTS (GUARANTEE)
8. GOVERNING LAW
9. ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE OF APPLICATION
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER "GTC") OF 6PM GMBH (HEREINAFTER "SELLER") APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS WHICH A CONSUMER OR ENTREPRENEUR (HEREINAFTER "CUSTOMER") CONCLUDES WITH THE SELLER WITH RESPECT TO THE SELLER'S IN HIS GOODS SHOWN ONLINE STORE EXCLUSIVE. THE INCLUSION OF CUSTOMER'S OWN TERMS IS HEREBY DISCLAIMED, UNLESS OTHERWISE AGREED.
1.2 A CONSUMER FOR THE PURPOSES OF THESE TERMS AND CONDITIONS IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES WHICH CAN MAINLY BE ATTRIBUTED TO NEITHER THEIR COMMERCIAL NOR THEIR INDEPENDENT PROFESSIONAL ACTIVITIES. A ENTREPRENEUR IN THE PURPOSE OF THESE TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A LEGAL PERSON, WHICH CONCLUDES A LEGAL DEAL IN THE EXERCISING OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITIES
2) CONCLUSION OF CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER'S ONLINE SHOP DO NOT REPRESENT BINDING OFFERS BY THE SELLER BUT ARE INTENDED FOR THE CUSTOMER TO SUBMIT A BINDING OFFER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED IN THE SELLER'S ONLINE SHOP. THE CUSTOMER, AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING BASKET AND RUNNING THE ELECTRONIC ORDERING PROCESS, SUBMITS A LEGALLY BINDING CONTRACTUAL OFFER REGARDING THE GOODS CONTAINED IN THE SHOPPING BASKET BY CLICKING THE BUTTON THAT CONCLUDES THE ORDERING PROCESS .
2.3 THE SELLER MAY REJECT THE CUSTOMER'S OFFER WITHIN FIVE DAYS
ASSUME,
- BY TRANSMITTING TO THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR E-MAIL), IN THIS EXTENT, RECEIVING OF THE ORDER CONFIRMATION AT THE CUSTOMER IS DECISIVE, OR
- BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, IN WHICH EXTENT THE CUSTOMER'S RECEIPT OF THE GOODS IS DECISIVE, OR
- BY REQUESTING THE CUSTOMER TO PAY AFTER PLACING THEIR ORDER.
IF SEVERAL OF THE ABOVE-MENTIONED ALTERNATIVES ARE AVAILABLE, THE AGREEMENT WILL FORM AT THE TIME WHERE ONE OF THE ABOVE-MENTIONED ALTERNATIVES APPEARS FIRST. THE PERIOD FOR ACCEPTANCE OF THE OFFER BEGINS ON THE DAY AFTER SENDING THE OFFER BY THE CUSTOMER AND ENDS ON THE EXPIRATION OF THE FIFTH DAY FOLLOWING THE SUBMISSION OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER'S OFFER WITHIN THE ABOVE-MENTIONED PERIOD, THIS IS CONSIDERED AS A REJECTION OF THE OFFER WITH THE CONSEQUENCE THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF INTENT.
2.4 WHEN SELECTING PAYMENT METHOD "PAYPAL EXPRESS" PAYMENT PROCESSING THROUGH THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "PAYPAL"), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA /USERAGREEMENT-FULL OR - IF CUSTOMER DOESN'T HAVE A PAYPAL ACCOUNT - SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT AVAILABLE ATH
TTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR - IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT - SUBJECT TO THE CONDITIONS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, VISIBLE AT HTTPS:/ /WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL. IF THE CUSTOMER CHOOSES "PAYPAL EXPRESS" AS PAYMENT TYPE AS PART OF THE ONLINE ORDERING PROCESS,E
BY CLICKING ON THE BUTTON THAT CONCLUDES THE ORDER PROCESS, HE ALSO GIVES A PAYMENT ORDER TO PAYPAL. IN THIS CASE, THE SELLER DECLARES ACCEPTANCE OF THE CUSTOMER'S OFFER AT THE TIME AT WHICH THE CUSTOMER STARTS THE PAYMENT PROCESS BY CLICKING THE BUTTON THAT CONCLUDES THE ORDER PROCESS
2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE TEXT OF THE CONTRACT WILL BE SAVED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND TRANSMITTED TO THE CUSTOMER IN TEXT FORM (E.G. E-MAIL, FAX OR LETTER) AFTER SUBMISSION OF HIS ORDER. THE SELLER DOES NOT MAKE ACCESS TO THE CONTRACT TEXT GOING ABOVE. IF THE CUSTOMER HAS ESTABLISHED A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SENDING THEIR ORDER, THE ORDER DATA WILL BE ARCHIVED ON THE SELLER'S WEBSITE AND CAN BE RETRIEVED FREE OF CHARGE BY THE CUSTOMER USING THEIR PASSWORD-PROTECTED USER ACCOUNT BY ENTERING THE CORRESPONDING LOGIN DATA.
2.6 BEFORE PLACING THE ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN IDENTIFY POSSIBLE ENTRY ERRORS BY CAREFULLY READING THE INFORMATION SHOWN ON THE SCREEN. AN EFFECTIVE TECHNICAL MEANS FOR BETTER RECOGNITION OF INPUT ERRORS CAN BE THE MAGNIFYING FUNCTION OF THE BROWSER, WITH WHICH HELP THE DISPLAY ON THE SCREEN IS ENLARGED. THE CUSTOMER CAN CORRECT HIS ENTRY DURING THE ELECTRONIC ORDERING PROCESS USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL HE CLICKS THE BUTTON THAT CONCLUDES THE ORDERING PROCESS
2.7 EXCLUSIVELY THE GERMAN LANGUAGE IS AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.
2.8 ORDER PROCESSING AND CONTACT USUALLY TAKE PLACE VIA EMAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE EMAIL ADDRESS SUPPLIED BY THE CUSTOMER TO PROCESS THE ORDER IS CORRECT SO THAT THE EMAILS SENT BY THE SELLER CAN BE RECEIVED AT THIS ADDRESS. IN PARTICULAR, WHEN USING SPAM FILTERS, THE CUSTOMER MUST ENSURE THAT ALL EMAILS SENT BY THE SELLER OR BY THIRD PARTIES COMMISSIONED WITH THE ORDER PROCESSING CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS HAVE THE RIGHT OF WITHDRAWAL.
3.2 FURTHER INFORMATION ON THE RIGHT OF WITHDRAWAL RESULTS FROM THE SELLER'S RIGHT OF WITHDRAWAL.
4) PRICES AND PAYMENT TERMS
4.1 UNLESS OTHERWISE INDICATED IN THE SELLER'S PRODUCT DESCRIPTION, THE PRICES SHOWN ARE TOTAL PRICES AND INCLUDE VALUE ADDED TAX. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS ARE SPECIFIED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY INCUR IN INDIVIDUAL CASES FOR WHICH THE SELLER IS NOT RESPONSIBLE AND WHICH HAVE TO BE BORNE BY THE CUSTOMER. THIS INCLUDES, FOR EXAMPLE, COSTS FOR MONEY TRANSMISSION THROUGH CREDIT INSTITUTIONS (E.G. TRANSFER FEES, EXCHANGE RATE FEES) OR IMPORT TAXES OR TAXES (E.G. DUTIES). SUCH COSTS MAY INCUR IN RESPECT OF THE TRANSMISSION OF MONEY EVEN IF THE CUSTOMER MAKES PAYMENT FROM A COUNTRY OUTSIDE THE EUROPEAN UNION BUT THE CUSTOMER DOES NOT DELIVERY TO A COUNTRY OUTSIDE THE EUROPEAN UNION
4.3 THE PAYMENT OPTION(S) WILL BE DISCLOSED TO THE CUSTOMER IN THE SELLER'S ONLINE STORE.
4.4 WHEN PAYING USING A PAYMENT TYPE OFFERED BY PAYPAL, PAYMENT WILL BE PROCESSED VIA THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "PAYPAL"), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA /USERAGREEMENT-FULL OR - IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT - SUBJECT TO THE CONDITIONS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX- FULL.
5) DELIVERY AND SHIPPING TERMS
5.1 GOODS WILL BE DELIVERED BY SHIPPING TO THE DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER, UNLESS OTHERWISE AGREED. THE SHIPPING ADDRESS PROVIDED IN THE SELLER'S ORDER PROCESSING ORDER WILL BE CONTROLLED IN THE PROCESSING OF THE TRANSACTION.
5.2 IF THE TRANSPORT COMPANY RETURNS THE SHIPPED GOODS TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER BEARS THE COSTS FOR THE UNSUCCESSFUL SHIPPING. THIS DOES NOT APPLY IF THE CUSTOMER IS NOT RESPONSIBILITY FOR THE CIRCUMSTANCES THAT RESULTED IN THE IMPOSSIBILITY OF DELIVERY OR IF THE CUSTOMER WAS TEMPORARILY PREVENTED FROM ACCEPTANCE OF THE OFFERED PERFORMANCE, UNLESS THE SELLER GIVES THEM A REASONABLE PRIOR NOTICE OF THE PERFORMANCE HAD. FURTHER, THIS DOES NOT APPLY WITH RESPECT TO THE COSTS OF DELIVERY IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF WITHDRAWAL. FOR THE RETURN COSTS IF THE CUSTOMER EFFECTIVELY EXERCISES THE RIGHT OF WITHDRAWAL, THE REGULATION MADE IN THE SELLER'S RIGHT OF WITHDRAWAL APPLIES.
5.3 PICK-UP IS NOT POSSIBLE FOR LOGISTICAL REASONS.
6) RESERVATION OF TITLE
IF THE SELLER PAYS IN ADVANCE, HE RETAINS OWNERSHIP OF THE DELIVERED GOODS UNTIL THE PAYMENT OF THE OBLIGATED PURCHASE PRICE IS FULL.
7) LIABILITY FOR DEFECTS (GUARANTEE)
7.1 IF THE PURCHASE ITEM IS DEFECTIVE, THE REGULATIONS OF THE STATUTORY LIABILITY FOR DEFECTS APPLY.
7.2 OTHER THAN THIS APPLIES TO USED GOODS: CLAIMS FOR DEFECTS ARE EXCLUDED IF THE DEFECT Occurs AFTER 6 MONTHS FROM DELIVERY OF THE GOODS. DEFECTS THAT APPEAR WITHIN 6 MONTHS OF DELIVERY OF THE GOODS CAN BE ASSERTED WITHIN THE STATUTORY LIMITATION PERIOD. HOWEVER, THE LIABILITY PERIOD SHALL NOT BE REDUCED TO 6 MONTHS
- FOR THINGS WHICH HAVE BEEN USED FOR A BUILDING IN ACCORDANCE WITH THEIR CURRENT USE AND HAVE CAUSED ITS DEFECTIVITY,
- FOR CUSTOMER CLAIMS FOR DAMAGES AND EXPENSES, AS WELL AS
- IN THE EVENT THAT THE SELLER HAS DEFECTIVELY HIS CONCERNED THE DEFECT.
7.3 THE CUSTOMER IS REQUESTED TO COMPLAINT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE TO THE DELIVERY CARRIER AND TO INFORM THE SELLER OF THIS. CUSTOMER'S FAILURE TO COMPLY WITH THIS WILL NOT AFFECT CUSTOMER'S STATUTORY OR CONTRACTUAL RIGHTS FOR DEFECTS.
8) GOVERNING LAW
THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO ALL LEGAL RELATIONSHIPS BETWEEN THE PARTIES TO THE EXCLUSION OF THE LAWS ON THE INTERNATIONAL PURCHASE OF MOVABLE GOODS. FOR CONSUMERS, SUCH CHOICE WILL APPLY ONLY TO THE EXTENT THAT THE PROTECTION PROVIDED BY MANDATORY PROVISIONS OF THE LAW OF THE CONSUMER'S STATE OF CONSUMER'S USUAL RESIDENCE WILL NOT APPLY.
9) ALTERNATIVE DISPUTE RESOLUTION
9.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET UNDER THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM SERVES AS A PLACE FOR THE OUT-OF-COURT RESOLUTION OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS IN WHICH A CONSUMER IS INVOLVED.
9.2 SELLER IS NEITHER OBLIGATED NOR WILLING TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEEDING BEFORE A CONSUMER ARBITRATION BODY.
-------------------------------------------------- -----
RIGHT OF WITHDRAWAL
-------------------------------------------------- -----
CONSUMERS HAVE A RIGHT OF WITHDRAWAL ACCORDING TO THE FOLLOWING PROVISION, WHEREAS CONSUMER IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES THAT CAN MAINLY BE ATTRIBUTED TO NEITHER THEIR COMMERCIAL NOR THEIR INDEPENDENT PROFESSIONAL ACTIVITIES
---------------------
A. CANCELLATION POLICY
---------------------
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO REVOKE THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT REASONS.
THE CANCELLATION PERIOD IS FOURTEEN DAYS FROM THE DAY WHICH YOU OR A THIRD PARTY NAMED BY YOU, WHICH IS NOT THE CARRIER, TAKE POSSESSION OF THE LAST GOODS. HAS.
TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST CONTACT OUR FULFILLMENT SERVICE PROVIDER E-MAIL: Support@clouteast.com) BY A CLEAR STATEMENT (E.G. A LETTER SENT BY POST OR E-MAIL) OF YOUR DECISION TO CANCEL THIS AGREEMENT. YOU MAY USE THE ENCLOSED SAMPLE CANCELLATION FORM, BUT THIS IS NOT MANDATORY.
TO MEET THE CANCELLATION PERIOD, IT IS SUFFICIENT THAT YOU SEND THE NOTICE ABOUT THE EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE CANCELLATION PERIOD EXPIRES.
CONSEQUENCES OF REVOCATION
If you cancel this contract, we have all payments we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us HAVE),REFUND IMMEDIATELY AND NO LATER THAN FOURTEEN DAYS FROM THE DAY ON WHICH WE RECEIVED NOTIFICATION OF YOUR WITHDRAWAL OF THIS AGREEMENT. FOR THIS REFUND, WE WILL USE THE SAME METHOD OF PAYMENT THAT YOU USED IN THE ORIGINAL TRANSACTION, UNLESS OTHERWISE EXPRESSLY AGREED WITH YOU; IN NO EVENT WILL YOU BE CHARGED FOR SUCH REFUNDS. WE MAY REFUSE REFUND UNTIL WE HAVE RECEIPT THE GOODS OR YOU HAVE PROVIDED PROOF THAT YOU HAVE RETURNED THE GOODS, WHICHEVER IS THE EARLIER TIME
YOU MUST RETURN THE GOODS OR HAND OVER THE GOODS TO US IMMEDIATELY AND IN NO EVENT WHATSOEVER WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH YOU INFORM US ABOUT THE CANCELLATION OF THIS AGREEMENT. THE TIME PERIOD WILL BE MET IF YOU DESPEND THE GOODS BEFORE THE FOURTEEN DAY PERIOD EXPIRES.
YOU WILL ONLY BE LIABLE FOR ANY LOSS IN VALUE OF THE GOODS IF SUCH LOSS IN VALUE IS RESULTING FROM THE HANDLING OF THE GOODS OTHER THAN NECESSIBLE TO EVALUATE THE CONDITION, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.
GENERAL INFORMATION
1) RETURNED GOODS MUST BE FREE OF CONTAMINATION OR DAMAGE. ALSO, LABELS MUST BE UNDAMAGED AND ATTACHED TO THE GOODS. PLEASE RETURN THE GOODS TO US IN ORIGINAL PACKAGING WITH ALL ACCESSORIES AND ALL PACKING COMPONENTS. USE IF APPLICABLE. A PROTECTIVE OUTER PACKAGING. IF YOU NO LONGER POSSESS THE ORIGINAL PACKAGING, PLEASE PROVIDE SUITABLE PACKAGING FOR PROTECTION AGAINST TRANSPORT DAMAGE.
2) GOODS (SUCH AS BOXER SHORTS) WHICH ARE NOT SUITABLE FOR RETURN FOR HEALTH PROTECTION OR HYGIENE REASONS OR WHICH HAVE BEEN SEALED REMOVED AFTER DELIVERY ARE EXCLUDED FROM RETURN.
3) PLEASE DO NOT RETURN THE GOODS TO US UNPAID.
4) PLEASE NOTE THAT THE ABOVE-MENTIONED SECTION 1-3 ARE NOT A PREREQUISITES FOR THE EFFECTIVE EXERCISING OF THE RIGHT OF WITHDRAWAL.
--------------------
B. CANCELLATION FORM
--------------------
IF YOU WANT TO CANCEL THE CONTRACT, PLEASE FILL OUT THIS FORM AND SEND IT BACK.
AT:
support@clouteast.com
I/WE (*) HEREBY REVOKE THE AGREEMENT ENTERED INTO BY ME/US (*) FOR THE PURCHASE OF THE FOLLOWING GOODS (*)/PROVISION OF THE FOLLOWING SERVICES (*)
_______________________________________________________
_______________________________________________________
ORDERED ON (*) ____________ / RECEIVED ON (*) __________________
__________________________________________________________
NAME OF CONSUMER(S)
__________________________________________________________
ADDRESS OF CONSUMER(S)
__________________________________________________________
SIGNATURE OF CONSUMER(S) (ONLY IF NOTIFICATION ON PAPER)
__________________________
DATE
(*) DELETE INAPPLICABLE