Terms of service
The following states the general terms and conditions (GTC) of contract concluded between
Etna Glass GmbH
Chausseestr. 57a
10115 Berlin
Representative: Rinlpas Sirathanantchai
Commercial register: HRB 226528 B
VAT ID no .: DE 341283250
(hereinafter "Etna Glass", "we")
and users of www.etnaglass.com (hereinafter "customers", individually "customer", "you")
1.1 These terms and conditions apply to all contracts that customers conclude with Etna Glass via the online shop www.etnaglass.com (hereinafter: "Online-Shop") , and generally to all business relationships between Etna Glass and its customers.
1.2 Customers within the scope of these terms and conditions can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
1.3 The offers are not intended for resale purposes, therefore only orders in normal household quantities are accepted.
2. CONTRACT PARTNER AND CONCLUSION OF CONTRACT2.1 When concluding contracts on our Online-Shop, your contractual partner is exclusively Etna Glass.
2.2 The offer of the goods on our Online-Shop is not a binding contract offer in the sense of § 145 BGB, but to be understood as an invitation to submit an offer. By clicking the "Pay now” button, you are submitting a binding contract offer. After submitting the order, you will receive an email confirming the receipt of your order to the email address you provided. This confirmation email does not yet constitute an acceptance of the contract. Etna Glass declares its acceptance of the contract by means of a separate email as soon as the goods leave the warehouse or the delivery period can be confirmed.
3.1 Etna Glass saves the text of the contract and sends you the order data and our terms and conditions in text form. You can see the contract text in our customer login.
3.2 The contract is concluded in either English or German language.
4. GOODS4.1 The images, illustrations and descriptions used on the Online-shop are non-binding. Small deviations and technical changes compared to the images or descriptions are possible, and are harmless for the contract fulfilment, unless they are unreasonable
4.2 If the product specified by the customer in the order is temporarily unavailable, Etna Glass will inform the customer immediately. In the event of a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case, Etna Glass is also entitled to withdraw from the contract. In doing so, Etna Glass will immediately reimburse any payments already made by you. Your statutory right of withdrawal remains unaffected.
5. PRICES AND PAYMENT5.1 For orders on the Online-Shop, the prices stated on the respective article page at the time of your order apply. All prices include the statutory VAT. They do not include shipping costs.
5.2 The following payment methods are generally available on our Online-Shop
Credit card
When you place your order, you provide your credit card details. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged.
Klarna PayNow credit card
When you place your order, you enter your credit card details . After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been dispatched.
Klarna PayNow direct debit
After a successful address and credit check as part of the ordering process, you give the online provider Klarna a SEPA direct debit mandate by submitting the order. Klarna will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate, Klarna asks your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account will be debited after the goods have been dispatched. For payment processing via Klarna - in addition to our terms and conditions - the terms and conditions and the data protection declaration of Klarna apply. You will receive further information in the order process.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available for consumers and that payment must be made to Klarna in each case. When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here .
Financing through Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you installment purchase as a payment option. Please note that Klarna installment purchase is only available for consumers and that payment must be made to Klarna.
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). Further information on Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.
Shopify Pay
Various payment options
5.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar (next order / debit), the customer is in default by missing the appointment.
6. DELIVERY6.1 Delivery is done after receipt of payment from the customer, and delivery times are calculated from the time of debiting the contractually owed payment
6.2 If the shipping address is in a non-EU country, additional fees, e.g. tax and/ or duties, may apply. These fees are responsible by the customer.
6.3 Etna Glass only delivers to customers who can provide a delivery address within delivery countries and areas shown on the Online-Shop.
6.4 The customer has the responsibility to ensure that the goods can be delivered to the delivery address specified. If the shipment is not accepted, not picked up, or sent back to us because of an address error caused by the customer, the customer bears the costs of further delivery attempts if these are requested by the customer
6.5 Etna Glass reserves the right to withdraw from the contract if delivery fails three times for reasons for which Etna Glass is not responsible (e.g. address error caused by the customer). In this case, Etna Glass will reimburse payments already made by you. The legal rights of the contracting parties remain unaffected.
6.6 If Etna Glass is unable to meet a binding delivery deadline for reasons for which Etna Glass is not responsible (e.g. force majeure or when the suppliers of Etna Glass do not deliver the ordered goods to Etna Glass despite contractual obligations), Etna Glass will inform the customer immediately. If the new delivery period is not acceptable to the customer, or the goods are also no longer available at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question. In this case, any purchase price already paid by the customer will be refunded.
7. RIGHT OF WITHDRAWALConsumers are entitled to a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
The cancellation period is fourteen days from the day on which you, or a third party named by you, who is not the carrier, has last taken possession of the goods.
To exercise the right of withdrawal, the customer must contact Etna Glass (Etna Glass GmbH, Chausseestr 57a, 10115 Berlin, e-mail: info@etnaglass.com) by means of a clear declaration statement (e.g. a letter sent by post or e-mail) of the customer's decision to withdraw from the contract. The attached withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for the customer to send a notification of exercising the right of cancellation before the cancellation period expires.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
Entrepreneurs are not granted a voluntary right of withdrawal.
Consequences of Withdrawal
If you withdraw from this contract, Etna Glass will have given you all payments that we have received from you, excluding the delivery costs, to be repaid within fourteen days from the day on which Etna Glass receives the goods back.
For repayment, Etna Glass will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you.
Etna Glass can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
The customer bears the direct costs of returning the goods.
Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back to us:
- To: Etna Glass GmbH, Chausseestr 57a, 10115 Berlin, e-mail: info@etnaglass.com
- 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 on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only when notified on paper)
- Date
(*) Delete where not applicable
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. RETENTION OF TITLEThe goods remain the property of Etna Glass until they have been paid in full.
Unless expressly agreed otherwise below, the statutory right to liability for defects applies.
10.1 For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
10.2 The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- insofar as the The scope of the Product Liability Act has been opened.
11. LIABILITYEtna Glass is only liable for wilful intent or gross negligence, unless the damage is fraudulently concealed, damage to human life, limb or health, or damage resulting from the breach of essential contractual obligations. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly trusts and may rely on. If, in these exceptional cases, there is simple negligence, our obligation to pay compensation is limited to the amount of the foreseeable damage typical for the contract.
For detailed information on data protection, please refer to our Privacy Policy page here.
13. IMAGE RIGHTSAll rights of use to image material on our Online-Shop are held by Etna Glass or our partners. The use of the image material - in whatever form - is not permitted unless we have given an explicit permission.
14. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here. Consumers generally have the option of using this platform to settle their disputes. Etna Glass always endeavours to amicably resolve any differences of opinion arising from contracts concluded with us and complaints. Please note, however, that we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and we cannot offer you participation in such a procedure.
15.1 For legal disputes arising from or in connection with the sales contract, the law of the Federal Republic of Germany shall exclusively apply. The UN sales law is excluded.
15.2 Etna Glass reserves the right to adapt these terms and conditions for future business. Exceptions to this are unreasonable changes, in particular of essential parts of the contract, such as the main services owed, which would be the subject of an amendment contract.