THE GENERAL TERMS OF BUSINESS SET OUT BELOW ALSO CONTAIN STATUTORY INFORMATION RELATING TO YOUR LEGAL RIGHTS UNDER THE REGULATIONS FOR CONTRACTS FOR DISTANCE SELLING AND SALES BY ELECTRONIC MEANS.
These General Terms of Business shall apply to all goods supplied by AIYA Europe GmbH to consumers (§ 13 of the Civil Code).
2. PARTIES TO THE CONTRACT
The purchase contract shall be concluded with the following company: Kissa Tea GmbH, CEO: Thomas Grömer, Kohlmarkt 16, 1010 Wien, Austria, Commercial Register: Wien, FN 437047 t. If you have any questions, complaints or comments you can contact us between 9 am and 6 pm by telephone by dialling +43-01-5350665 or by email to the following address: email@example.com.
3. QUOTATION AND CONTRACT CONCLUSION
3.1 The depiction of the products in the online shop shall not constitute a legally binding offer but simply an invitation to place an order. Subject to errors.
3.2 By clicking on the Order button in the last stage of the ordering process you will place a binding order of the goods contained in your shopping cart. The purchase contract shall be concluded when we accept your purchase order by sending an order confirmation by email immediately after receiving your order.
3.3. If our order confirmation contains spelling or typing errors or if the price we quote is based on technology-based transmission errors, we shall be entitled to correct it although we must provide you with evidence of our mistake. Any payments that you have already made shall be reimbursed to you without delay.
3.4. The purchase contract may be concluded in several languages. The current options are German, English, Italian, French, Spanish and Dutch.
4. RIGHT TO CANCEL FOR CONSUMERS
Information about cancellation
Right to cancel
You may cancel your contract offer within two weeks in writing (for example by letter, fax or email) without having to give any reasons or, if the goods are sent to you before the end of this period, by returning the goods. The period begins on receipt of this written instruction, however not before the goods have been received by the recipient (in the case of repeat deliveries of similar goods not before receipt of the first part delivery) and also not before fulfilling our information obligations in accordance with Article 246 § 2 in conjunction with § 1 sections 1 and 2 of the Introductory Act to the German Civil Code and our obligations in accordance with § 312e section 1, sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act to the German Civil Code. The prompt dispatch of the written cancellation or the goods shall be sufficient to meet the deadline for cancellation. The cancellation is to be address to the following:
Kissa Tea GmbH, CEO: Thomas Grömer, Kohlmarkt 16, 1010 Wien, Austria, Fax: +431535066589, Email: firstname.lastname@example.org.
Consequences of cancellation
In the event of the order being cancelled correctly, any goods or payments that have been received must be returned together with any benefits drawn from them (for example interest). If you are unable to return what we have supplied to you in full or in part or are only able to return them in impaired condition, you shall be obliged to compensate us for any loss of value. In the event that we have supplied you with goods, this shall not apply if the deterioration of the goods is due exclusively to their inspection and testing using a method which would have been possible in a shop, for example. Furthermore you may avoid any obligation to compensate us for loss of value for any deterioration of the goods caused by their use by not using the goods as if they were your property and not undertaking any action which could adversely affect their value. Goods which can be shipped by parcel post are to be returned at our risk. You must pay the costs of returning the goods if the goods are as ordered and if the price of the goods you wish to return does not exceed an amount of 40 euros or, if the goods have a higher value, you have not made the payment or a contractually agreed instalment by the time you decide to cancel your order. Otherwise the return of the goods shall be free of charge to you. Goods which cannot be shipped by parcel post shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. This period shall commence for you after you send your notice of cancellation or the goods whilst for us it shall commence when we receive them.
End of the information about cancellation
4A. COSTS OF RETURN IF THE RIGHT TO CANCEL IS EXERCISED
If you make use of your statutory right to cancel (see information about cancellation), you must pay the normal costs of returning the goods if the goods are as ordered and if the price of the goods you wish to return does not exceed an amount of 40 euros or, if the goods have a higher value, you have not made the payment or a contractually agreed instalment by the time you decide to cancel your order. Otherwise the return of the goods shall be free of charge to you.
5. PRICES AND SHIPMENT COSTS
5.1 The prices quoted on the product pages contain the statutory value-added tax and other price components.
5.2 In addition to the quoted prices we charge a flat rate of EUR 3.50 per order for delivery within Germany. If the value of the purchase order within German exceeds EUR 40.00 delivery shall be free of charge. The shipment costs are set out again in detail on the product pages, in the shopping cart system and on the ordering page.
5.3. Other shipment costs are set out in our shipment terms.
6.1. Delivery shall be made within Germany, Europe or other countries by DHL or another service provider.
6.2. The delivery time shall be 2 – 5 days unless specified to the contrary in the quotation, viewable here: shipment terms.
6.3. If not all the products you order are in stock we shall be entitled to deliver part of the order at our expense as long as it is reasonable for you to accept this.
6.4. If the delivery of the goods fails despite three attempts to deliver them, we may withdraw from the contract. Any payments that have been made shall be returned to you without delay.
6.5. If the product you have ordered is not available because we have not be supplied with this product by our supplier at no fault of our own, we may withdraw from the contract. In this case we shall notify you immediately and suggest a comparable product which we are able to supply. If no comparable product is available or you do not want a comparable product to be supplied, we shall return any payments you have already made without delay.
7.1. Payment may be made either by bank transfer, Paypal or credit card. Payment in advance or after receipt of the invoice shall also be possible for business customers. First-time customers on a B2B basis shall pay in advance.
7.2. If payment is made by credit card, the payment shall be debited from your account when the goods are shipped.
7.3. If you choose to pay in advance, we shall provide you with details of our bank account in the order confirmation and will deliver the goods once payment has been received.
You shall only be entitled to set off payments if your counter-claims have been finalised by a court of law or are undisputed or if they have been acknowledged by us in writing.
7.4 You may only exercise a right of retention if your claims result from the same contractual relationship.
8. RESERVATION OF TITLE
The goods shall remain our property until they have been paid for in full.
9. TRANSPORT DAMAGE
9.1. If goods with obvious defects are delivered, you should report such defect immediately to the shipper and make contact with us as soon as possible.
9.2. Failure to make a complaint or make contact with us shall not have any consequence for your statutory warranty rights. However, you will help us to make our own claims against the forwarder or transport insurance company.
The warranty shall be based on the statutory regulations.
11. CONCLUDING PROVISIONS
11.1. If a provision of these General Terms of Business should be invalid, the contract as a whole shall remain in force. The invalid provision shall be replaced by the relevant statutory guidelines.
11.2. German law shall apply.