These General Terms and Conditions (hereinafter referred to as the "Terms") of The Deluxe Tea Club (hereinafter "Seller") apply to all contracts concerning the delivery of Goods by a consumer or contractor (hereinafter referred to as "Customer") with the Seller in respect of the Seller completes his goods displayed on his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2.0 CONCLUSION OF CONTRACT
The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer to the customer.
The customer may submit the offer via the online order form integrated in the online shop to the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, e-mail or post to the seller.
The seller can accept the offer of the customer within five days, by sending to the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
When submitting an offer via the online order form of the seller, the contract text is saved by the seller and sent to the customer after sending his order together with the present terms and conditions in writing (eg e-mail or letter). In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account, stating the corresponding login data, provided the customer has created a customer account in the seller's online shop before sending his order.
Before placing the order on the seller's online order form, the customer can identify possible typing errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
Both German and English languages are available for the conclusion of the contract.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. 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.
Consumers are in principle entitled to a right of withdrawal.
Further information on the right of revocation result from the cancellation policy of the seller.
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4.0 PRICES AND TERMS OF OF PAYMENT
Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option (s) will be communicated to the customer in the online shop of the seller.
5.0 DELIVERY AND SHIPPING
The delivery of goods is made by courier or mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
For goods that are delivered by forwarding, the delivery is "free curbside", ie up to the delivery address nearest public curb, unless the shipping information in the seller's online shop otherwise and unless otherwise agreed.
If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.
6.0 RETENTION OF TITLE
The seller reserves the right to the ownership of the delivered goods until full payment of the owed purchase price.
7.0 LIABILITY OF DEFECTS (WARRANTY)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8.0 REDEMPTION OF SALES VOUCHERS
Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "sale vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the sale voucher.
Sale vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Only one sale coupon can be redeemed per order.
The value of the goods must at least equal the amount of the sale voucher. Any remaining balance will not be refunded by the seller.
If the value of the sale voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
The balance of an sale voucher is neither paid in cash nor interest.
The sale voucher will not be refunded if the customer returns all or part of the goods paid for with the action voucher as part of his statutory right of withdrawal.
The sale voucher is transferable. The seller will honour the sale voucher irrespective of its owner. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
9.0 APPLICABLE LAW
For all legal relations of the parties, the law of the Federal Republic of Austria applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the Federal Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located outside of the Federal Republic of Austria, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the occupational or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
11.0 ALERNATIVE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Currently, the Deluxe Tea Club accepts the following payment methods:
Visa Debit Card
Visa Credit Card
If you are experiencing any problems with your selected payment method or, alternatively require assistance with your payment, please contact us at firstname.lastname@example.org.