1. applicability to consumers and definitions of terms
The following General Terms and Conditions apply to all contracts concluded via our online store at https://www.desiswag.de between us, the
Dockside Solutions GbR
Maria-Lohmann-Weg 29
24537 Neumünster
Germany
represented by the managing directors Micky Singh Multani and Rexhep Hamiti
and the customer in the version valid at the time of conclusion of the contract. Deviating general terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
The products offered in our online store are aimed at consumers only. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).
An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 BGB).
2. conclusion of contract
The presentation and advertising of the products in our Internet store do not constitute a legally binding offer to purchase, but are merely a non-binding invitation to the customer to order goods. You can add products to your shopping cart without obligation and correct your details at any time before placing your final order by using the correction options provided. By clicking the order button, you accept the offer to purchase the products in the shopping cart. An order confirmation will be sent to you immediately after the order by an automatically generated e-mail (“confirmation of receipt”). A valid contract is only concluded with the dispatch confirmation by e-mail (acceptance).
The order is placed in the following steps:
1) Selection of the desired product
2) Click on “Add to cart” to add the product to your shopping cart
3) Possibility to select further products or view the shopping cart
4) Review and possible correction of the product selection in the shopping cart
5) Click on “Checkout” or “Proceed to checkout” to continue the purchase
6) Login to the online store with e-mail address and password or provide contact and delivery information and possibly a voucher or discount code
7) Select the payment method and enter the required payment information
8) Complete the order by clicking the “Buy now” button
3. contract language and storage
The contract language is German.
We save the text of the contract (details of the order) and send you the order data, our general terms and conditions, including the voucher and discount conditions and the cancellation policy, if applicable, by e-mail. For security reasons, the text of the contract can no longer be viewed on the website. The customer can also view the GTC at any time at https://www.desiswag.de/agb.
4. prices, shipping costs, delivery conditions
The prices quoted include statutory VAT and other price components. Shipping costs must be added to the product prices listed. The price including VAT and shipping costs will also be displayed in the order form before the customer submits the order. If the goods are shipped abroad, the customer is also responsible for paying all possible customs duties as well as export and import costs.
Delivery is made exclusively by mail order. It is not possible to collect the goods.
Deliveries to packing stations are possible. You will find the correct procedure for this in our shipping information.
If we are unable to provide the ordered goods due to delivery problems on our part, we are not obliged to deliver. We will inform the customer immediately and refund any amounts already paid for the undeliverable products without delay. The assumption of the procurement risk is excluded.
If the product description does not contain any other information, the goods are usually delivered within 3 to 7 working days (from Monday to Friday). The start of the delivery period is the day after conclusion of the contract. If the specified delivery period ends on a Saturday, Sunday or a legally recognized public holiday at the place of delivery, the delivery period is automatically extended to the following working day.
If the shipment tracking shows a delivery but you have not received the goods, please contact us within three days of the delivery date. This deadline must be met in order to be able to take further steps.
In the event of non-delivery for reasons beyond our control or non-collection from a packing station/branch, the goods will be returned to us and deemed to be a revocation. The reversal will be made after deduction of any costs incurred.
The risk of accidental loss and accidental deterioration of the item sold shall not pass to the customer until the item is handed over to the customer or in the event of default of acceptance by the customer, even in the case of sale by dispatch, if the customer is a consumer.
5. payment
The available payment methods are processed via the payment service provider Mollie B.V.. This means that payments are processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods via “Mollie” are displayed under a correspondingly labeled button on our website and in the online ordering process. Mollie” may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about “Mollie” at https://www.mollie.com/de.
The following payment options are available through “Mollie”:
- Credit card: After entering your order, your data will be recorded and the card will be charged.
- PayPal: Payment is made directly after ordering via your PayPal account.
- Sofortüberweisung by Klarna: Requires an online banking account.
- giropay: In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
The respective terms of use of the payment service apply.
If you choose Klarna’s payment services, we ask for your consent that we may transmit the data necessary for processing the payment and for an identity and credit check to Klarna. In Germany, the credit agencies named in Klarna’s privacy policy can be used for identity and credit checks. You can revoke your consent to this use of your personal data at any time by contacting Klarna.
6. reservation of title
We reserve title to the goods until the purchase price has been paid in full.
The customer assures to use the products exclusively for private purposes. Any commercial resale of the purchased products is prohibited.
7 Warranty, liability
The statutory warranty regulations shall apply, unless otherwise agreed below. We shall be liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
The warranty does not apply to scratches on the products, as these can occur during normal use and do not impair functionality or aesthetics to an extent that goes beyond normal use.
Defects or damage due to improper use or negligent handling (e.g. blows, falls, etc.) as well as defects or damage due to improper repair or caused by the modification of individual parts of the jewelry are also not covered by the warranty.
In other situations, unless otherwise provided for, we are only liable if a contractual obligation has been breached, the fulfillment of which is essential for the correct implementation of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligations). In relevant cases, our liability is limited to the reimbursement of the foreseeable and typical damage. Our liability is excluded in all other scenarios.
The aforementioned limitations and exclusions of our liability do not apply to claims for damages arising from injury to life, limb or health or to claims based on the Product Liability Act.
9. dispute resolution
We do not participate in dispute resolution proceedings before a consumer arbitration board. The European Commission’s online dispute resolution platform can be found at the link provided: https://ec.europa.eu/consumers/odr .
10. returns, complaints and incorrect delivery
The right of return does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or for goods that can spoil quickly or whose expiration date would be quickly exceeded.
If you receive damaged or incorrect goods, please contact us within three days. Customer service can be reached at support@desiswag.de.
11. transportation damage
Please report any obvious transport damage to the deliverer immediately and document it. Please contact us immediately. Failure to make a complaint or failure to contact us has no influence on your legal rights and their assertion, including your claims under the warranty. However, you will make it easier for us to pursue our rights against the carrier or the transport insurance company if you inform us immediately.
12. discount codes
Each code can be redeemed once per customer and order. A combination with other codes, other discount campaigns, reductions or a crediting to an already completed order is not possible.
The minimum order value required to apply a discount code is indicated in the specific details of the code. If the minimum order value is no longer reached due to a later return of items, we reserve the right to charge the price difference between the purchase with the discount code and the purchase without the discount code.
If the customer returns the goods or makes use of his right of withdrawal, the refund will only be made in the amount of the already reduced purchase price. It is not possible to return or reissue the discount code.
In the case of an order placed with a discount code and comprising several items, we reserve the right to apply the discount either to a specific item or proportionately to the entire order.
If certain items of an order placed with a discount code cannot be delivered and these items were relevant for the application of the discount code, there is no entitlement to a refund of the value of the discount code or to the issue of a new code.
The use of discount codes, vouchers or other bonus programs from third-party providers such as Miles&More, Paypal or Payback is excluded. We assume no responsibility for the validity and timeliness of offers or discount codes on third-party sites.
13. right of withdrawal
(1) If the customer is a consumer, he is entitled to a statutory right of withdrawal in accordance with the following withdrawal policy.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must send us
Dockside Solutions GbR
Desi Swag
Maria-Lohmann-Weg 29
24537 Neumünster
Germany
widerruf@desiswag.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can optionally use the sample revocation text below.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have 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 for checking their condition, properties and functionality.
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the buyer (customer specification) is decisive or which are clearly tailored to the personal needs of the buyer as well as for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of the withdrawal policy
Sample revocation text:
(If you wish to withdraw from the contract, please complete this form and return it to us).
To
Dockside Solutions GbR
Desi Swag
Maria-Lohmann-Weg 29
24537 Neumünster
Germany
widerruf@desiswag.de
- 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 for notification on paper)
- Date
(*) Delete as appropriate.
14 Applicable law, final provisions
German law shall apply to all claims arising from the contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
Should individual provisions of these General Terms and Conditions be invalid, void or incomplete, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid or void provision with such a provision – if necessary in the appropriate form – or fill the gap in the contract with such a provision with which the economic purpose pursued by you can best be achieved. If the ineffectiveness or invalidity of a provision is based on a measure of performance or time (deadline or date), a legally permissible measure shall replace the ineffective or invalid performance or time provision.