General terms and conditions of business
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders via our online shop.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT
The purchase contract is concluded with SOME EDEN.
By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can put our products into the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The languages available for the conclusion of the contract are German and English. We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. TERMS OF DELIVERY
There are no shipping costs for the stated product prices. We are happy to do this for you. We deliver in the dispatch way. You can pick up the goods yourself by prior arrangement via email to “firstname.lastname@example.org” before placing the order.
All purchased items are payable immediately without any deductions.
The customer is only entitled to offset if his claim is undisputed or legally established. The prohibition of offsetting does not apply to claims from the right of cancellation or warranty as well as the right to refuse performance according to § 320 BGB.
A retention of payments by the buyer due to counterclaims from other contractual relationships is excluded.
The seller reserves the right to offer the following payment methods:
When you place your order, you simultaneously send us your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the goods have been shipped. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
Direct bank transfer
Directly after your order you will receive an email from us with our bank details and all further information. As soon as you have transferred the amount to be paid and the amount has been credited to our account, we will send your order directly to the address you requested. Please understand that the shipping may be delayed by a few days due to bank processing time.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal after the goods have been shipped. You will receive further instructions during the ordering process.
6. RESERVATION OF OWNERSHIP
The goods remain our property until full payment has been received. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods. Any third parties affected must be informed by the customer.
7. TRANSPORT DAMAGE
If goods are delivered with obvious transport damages, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
8. WARRANTIES AND LIABILITY
The statutory liability for defects applies.
9. SETTLEMENT OF DISPUTES
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. REVOCATION INSTRUCTION
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must send us (SOME EDEN, Pamela Becker Franklinstr. 51, 40479 Düsseldorf / Email: email@example.com) a clear statement (e.g. a letter sent by post, fax or email) ) of your decision to cancel this contract. You can use the sample revocation form below, but this is not mandatory.
You can also electronically fill in and submit the model withdrawal form or another clear statement on our website [insert Internet address]. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
CONSEQUENCES OF THE WITHDRAWAL
If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
SAMPLE CANCELLATION FORM
(If you want to cancel the contract, please fill out this form and send it back.)
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*)
Received at (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable
END OF REVOCATION
11. Protection of minors
If the customer’s order includes goods, the sale of which is subject to age restrictions, the seller uses a reliable process, including personal identity and age checks, to ensure that the customer has reached the required minimum age. The deliverer will only hand over the goods after the age check and only to the customer personally.
12. Data protection
The seller processes and uses the recorded data in accordance with the statutory provisions of the Federal Data Protection Act, the GDPR and the Telemedia Act. This data can be sent to agents and acc. § 11 BDSG to carefully selected business partners, for example for the purpose of shipping. The collection, processing and use of personal data for marketing purposes generally require your prior consent. You have the option to give this consent before declaring your order. You have the right to withdraw your consent at any time with future effect.
13. Final provisions
German law is applicable to the present general terms and conditions and to the respective sales contract, excluding the UN sales law. In the event that the buyer is a consumer, this only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
Should one or more clauses of these terms and conditions be ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.