TERMS & CONDITIONS
The following states the general terms and conditions (GTC) of contract concluded between
Etna Glass GmbH
managing director: Rinlpas Sirathanantchai
Tax number: xxx
VAT ID no .: xxx
Commercial register: xxx
(hereinafter "Etna Glass", "we")
and customers (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 (hereinafter: "webshop") , 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.
1.3 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.
1.4 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.
1.5 The offers are only aimed at consumers and entrepreneurs of legal age.
1.6 The offers are not intended for resale purposes, therefore only orders in normal household quantities are accepted.
2. CONCLUSION OF CONTRACT, CONTRACT LANGUAGE, AND STORAGE OF CONTRACT TEXT
2.1 When concluding contracts on our webshop, your contractual partner is exclusively Etna Glass.
2.2 The offer of the goods on our webshop does not yet constitute a binding contractual offer. The contract between you and Etna Glass only comes into existence through an order from you and its acceptance by Etna Glass
2.3 By placing an order with the"Buy Now" button, you make a binding contract offer. After placing the order, you will receive confirmation on the receipt of order - this not yet constitute an acceptance. Etna Glass declares the acceptance of the contract by means of sending a separate confirmation e-mail.
2.4 Etna Glass saves the contract text and sends you a contract confirmation by email.
2.5 The contract is concluded in English language.
3.1 The images, illustrations and descriptions used on the webshop 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.
3.2 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.
4. PRICES AND PAYMENT
4.1 For orders on the webshop, 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.
4.2 Payment can be done by PayPal or credit card (Mastercard and Visa). When paying by credit card, your account will be debited at the earliest when the goods are shipped.
4.3 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 already in default by missing the appointment.
4.4 If you default on your payment, Etna Glass can claim default interest at the statutory rate. However, you allowed to prove to the contrary that Etna Glass has suffered less damage than claimed, or no damage.
5.1 Delivery is done upon advanced payment, and delivery times are calculated from the time of debiting the contractually owned payment
5.2 If the shipping address is in a non-EU country, customs fees may apply. These fees are responsible by the customer.
5.3 The customer has the responsibility to ensure that the goods can be delivered the delivery address specified.
5.4 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.
5.5 The following delivery restrictions exist: Etna Glass only delivers to customers who can provide a delivery address within delivery countries and areas shown on the webshop.
5.6 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 immediately.
6. RIGHT OF WITHDRAWAL
STATUTORY RIGHT TO WITHDRAW
Consumers 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, Tieckstraße 30, 10115 Berlin, e-mail: firstname.lastname@example.org) 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.
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. Under no circumstances will you be charged any fees for this repayment.
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.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
If you want to cancel the contract, please fill out this form and send it back to us
To: Etna Glass GmbH, Tieckstraße 30, 10115 Berlin, e-mail:
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)
(*) Delete where not applicable
7. TRANSPORT DAMAGE
Any externally visible transport damage must be reported to Etna Glass immediately upon receipt of the goods. You can refuse acceptance or only accept it with reservations and note this on the delivery note.
8. RETENTION OF TITLE
The goods remain the property of Etna Glass until they have been paid in full.
There are statutory warranty rights for all goods from our webshop.
Etna Glass is only liable for wilful intent or gross negligence, unless the damage is fraudulently concealed, damage to human life, limb or health. In the event of a breach of essential contractual obligations caused by negligence, our liability is limited to the foreseeable damage typical to the contract. Unless otherwise aforementioned, liability is excluded. Liability under the Product Liability Act remains unaffected.
11. DATA PROTECTION
12. IMAGE RIGHTS
All rights of use to image material on our webshop 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.
13. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/ . 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.
14. FINAL PROVISION
14.1 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 (Convention on Contracts for the International Sale of Goods - CISG) is excluded.
14.2 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.