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Terms & Conditions
Overview of the General Terms and Conditions
1. Scope of application
2. contractual partner
3. offer and conclusion of contract
4. return costs
5. revocation instruction
6. prices and shipping costs
7. delivery
8. payment
9. retention of title
10. warranty
11. data protection
12. place of jurisdiction
1. scope of application
For business relations with the customer, the following General Terms and Conditions apply to orders placed via the Internet shop in the version valid at the time of the order.
2. contractual partner
The sales contract is concluded with the company:
Carina Oliveira Gomes, Unipessoal, Lda
Rua Santiago 477 Areias,
4780-059 Santo Tirso
[email protected]
+351 935 556 257 (Call to national mobile network)
VAT ID No.: PT517308738
3. offer and conclusion of contract
3.1 The contract language is German.
3.2 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. After entering your personal data and by clicking the button "buy", in the final step of the ordering process, you place a binding order for the goods contained in the shopping cart. Before sending the order you have the possibility to recognize possible input errors and to correct and/or change them with the help of the correction function.
3.3 The confirmation of the receipt of the order follows immediately after sending the order. This automatic acknowledgement of receipt merely documents that we have received the order and does not constitute acceptance of the order.
3.4 We are entitled to accept your order within 5 days of receipt by sending you an order confirmation or to send you the ordered goods within this period. After fruitless expiry of the deadline, the offer shall be deemed rejected so that no purchase contract is concluded.
4. return costs
If you make use of your statutory right of withdrawal, you shall bear the direct costs of returning the goods.
5. right of withdrawal for consumers
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
REVOCATION INSTRUCTION
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of revocation, you must
Carina Oliveira Gomes, Unipessoal, Lda
Huttropstr. 60
45138 Essen
Germany
mobil: +49 174 3304629
e-mail [email protected]
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
Reasons for the non-existence and premature expiry of the right of revocation:
The right of withdrawal in distance selling does not exist:
For the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer.
For the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
For the delivery of newspapers, magazines or periodicals with the exception of subscription contracts. In the case of the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence.
The right of withdrawal in distance selling expires prematurely:
For delivery of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.
In the case of delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
For delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
6. prices and shipping costs
6.1 The prices stated on the product pages include the statutory value added tax and other price components.
6.2 The shipping costs depend on the quantity of goods ordered and the shipping method and will be clearly communicated to you prior to placing your binding order.
7. delivery
7.1 the following countries are supplied outside of Germany to the forwarding expenses European Union: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Spain, Estonia, France, Finland, England, Greece, Hungary, Italy, Ireland, Luxembourg, Latvia, Malta, Netherlands, Portugal, Poland, Romania, Sweden, Slovakia.
7.2 Information on the delivery time can be found in the offer.
7.3 Should the ordered product not be available in time because we are not supplied with this product by our supplier in time, we will inform you immediately. In such a case you are free to wait for the ordered product or to cancel your order. In the event of cancellation, any consideration already paid will be refunded immediately.
8. payment
8.1 Only the payment methods indicated in the order process are accepted. The payment methods available can be viewed in advance on the website.
8.2 You are only entitled to a right of set-off if your counterclaims have been legally established by a court of law, acknowledged by us in writing or are undisputed.
8.3 You can only exercise a right of retention if the claims result from the same contractual relationship.
9. retention of title
The goods remain our property until full payment has been made.
10. warranty
The warranty is provided in accordance with the statutory provisions.
11. data protection
11.1 We use your inventory data exclusively to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The collection and storage of your data takes place within the framework of the necessary minimum. Among other things, the following data is collected:
- name and address
- telephone number
- email address
11.2 Newsletter
When you subscribe to our newsletter, we store your e-mail address for advertising and market research purposes until you unsubscribe from our newsletter.
11.3 Information and revocation of consents
We would like to point out that you can revoke your consent at any time with effect for the future. You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact us by e-mail at [email protected] or send us your request by post or fax.
Carina Oliveira Gomes, Unipessoal, Lda
Rua Santiago 477 Areias,
4780-059 Santo Tirso
+351 935 556 257
[email protected]
11.4 Passing on to third parties
We will not pass on your personal data including your home address and e-mail address to third parties without your express consent, which can be revoked at any time. Excluded from this are our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the bank commissioned with the payment processing). In these cases, however, the scope of the transmitted data is limited to the necessary minimum. Their interests worthy of protection are taken into account in accordance with the statutory provisions.
11.5 Cookies The Internet pages use so-called cookies in several places. They serve to make our offer more user-friendly, more effective and safer. Cookies are small text files which are stored on your computer by your browser. Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Cookies do not damage your computer and do not contain viruses. We do not collect any personal data via cookies.
12. place of jurisdiction
The contractual relations between Carina Oliveira Gomes, Unipessoal, Lda and the customer shall be governed by the laws of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Place of jurisdiction for all disputes arising from the contractual relationship between the customer and Carina Oliveira Gomes, Unipessoal, Lda is our company headquarters, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.