Terms and Conditions with customer information
(The following terms and conditions also contain legal information about your rights under the Distance Selling and Electronic Commerce Regulations.)
1. Scope
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Redeem vouchers
8. Legal right of withdrawal
9. Retention of title
10. Warranty and guarantee
11. Liability
12. Storage of the contract text
13. Privacy
14. Jurisdiction, applicable law, contract language
1. Scope
1.1. For the business relationship between Quantius Capital GmbH, Quantiusstraße 13, D-53115 Bonn, (hereinafter referred to as "Seller") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 10:00 to 16:00 by calling +49 163 4430926 or by e-mail at [email protected].
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid "as long as stocks last", unless otherwise noted in the products. Incidentally, errors remain reserved.
3. Ordering process and contract conclusion
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the [Add to cart] button in a so-called shopping cart. Afterwards, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the order process.
3.2. With the [Buy] button, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*). By closing the Internet browser, the customer can cancel the ordering process at any time.
3.3. The seller then sends the customer an automatic confirmation of receipt (order confirmation) by e-mail in which the customer's order is listed again and which the customer can print out via the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 3 working days, or hand over the shipment the customer has confirmed within 3 working days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request, the seller rescinds the contract with the result that the order is invalid and the seller has no obligation to deliver until 7 calendar days after the order confirmation has been sent. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 7 calendar days.
4. Prices and shipping costs
4.1. All prices quoted on the seller's website include the applicable VAT.
4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page (shipping costs & delivery) and during the ordering process.
5. Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2 The delivery with the methods of payment direct debit, credit card, Sofortüberweisung or PayPal takes place within fourteen working days after receipt of the invoice amount.
5.3 If not all ordered products are in stock, the seller is entitled to partial deliveries at his expense, as far as this is reasonable for the customer.
5.4 Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer immediately.
5.5 If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.6 Customers are informed about delivery times and delivery restrictions (for example, restrictions on deliveries to certain countries) on a separate information page (shipping costs & delivery) or within the respective product description.
5.7 A delivery to countries other than those listed in the information page shipping and delivery, does not occur.
5.8 We use DHL for deliveries.
6. Payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page (payment methods).
6.2 We reserve the right with each order not to offer certain payment methods. It is then referenced accordingly to other payment methods.
6.2. For all payment methods, payment must be made in advance without deduction.
6.3 Please note that we only accept payments from accounts within the European Union (EU). In no case we assume the costs of a money transaction.
6.3. If third-party providers are charged with payment processing, e.g. Paypal, Paymill, Sofortüberweisung.de are subject to their General Terms and Conditions.
7. Redeem vouchers
7.1 Vouchers that can be purchased from us in connection with a sample pack (hereinafter referred to as "pack vouchers") are valid for 6 months from the date of order.
7.2 Vouchers that can not be purchased, but which are issued as part of advertising campaigns and customer loyalty campaigns (hereinafter "action vouchers"), are subject to a specific period of validity, which is communicated at the time of issue. (i.d.R. 2-3 months).
7.3 Both voucher types can only be redeemed in our online shop, only in the specified period and only once as part of an order process. Individual brands and / or product categories may be excluded from the coupon promotion.
7.4 Copying or duplicating is not permitted and the manipulation of the voucher is prohibited.
7.5 The value of the order must be at least equal to the amount of the action voucher. It is not possible to refund any remaining balance.
7.6 Vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible. The credit of a voucher is neither paid in cash nor interest.
7.7 The action vouchers can not be transferred to third parties. A pack coupon can be transferred to third parties.
7.8 Several action vouchers can not be combined. Several pack vouchers can not be combined. Action and Pack vouchers can not be combined.
7.9 If the credit balance of an action voucher or a packing voucher is insufficient for the order, the difference can be compensated with the offered payment options.
7.10 The action coupon will not be refunded if goods are returned in whole or in part, if the action coupon issued in the context of a promotion and no consideration has been provided.
7.11 The action coupon loses its validity if goods are returned in whole or in part and thus fall below the minimum order value attached to the action coupon.
8. Legal right of withdrawal
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
8.1.1 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us Quantius Capital GmbH, Quantiusstraße 13, D-53115 Bonn, Tel .: +49 (0) 163 4430926, Email: [email protected] by means of a clear statement (eg a letter sent by post, fax or E-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.1.2 Consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
8.1.3 Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Quantius Capital GmbH, Quantiusstraße 13, D-53115 Bonn, Germany, Tel .: +49 (0) 163 4430926, Email: [email protected]:
- 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
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(*) Delete as appropriate.
- End of revocation -
8.2 Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist with contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
The right of revocation expires early in contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
- for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
8.3 returns
The modalities mentioned in this section "Returns" are not a prerequisite for the effective exercise of the right of withdrawal in accordance with Art. the section entitled "Instructions on the right of withdrawal for consumers".
Customers are requested to return the item to the seller before returning [Tel .: +49 (0) 163 4430926 and / or [email protected] and / or contact page] to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
Customers are requested to return the goods as prepaid packages to the seller and to keep the receipt. Upon request, the seller will reimburse the customer for the postage costs, unless they are to be borne by the buyer.
Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the purchaser's possession, other suitable packaging should be used to provide adequate protection against transport damage and to avoid any claims for damages due to defective packaging.
9. Retention of title
Until full payment, the delivered goods remain the property of the seller.
10. Warranty and guarantee
10.1. The warranty is determined by legal regulations.
10.2. A warranty exists for the goods delivered by the seller only if this has been expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.
11. Liability
11.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.
11.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
11.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
11.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11.6. Data protection claims are excluded from the above regulations, the legal regulations apply.
12. Storage of the contract text
12.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of revocation and the instructions for shipping costs and delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the internet.
13. Privacy
13.1. The seller processes personal data of the customer earmarked and in accordance with the statutory provisions.
13.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
13.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as no legal duty of retention precludes.
13.4. Further information on the nature, extent, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
14. Jurisdiction, applicable law, contract language
14.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
14.2. The German and English languages are available for signing contracts. If the interpretation of the GTC and other contractual documents results in a difference due to the different language versions, the German version is authoritative.
NOTICE ON EU DISPUTE RESOLUTION
The European Commission provides an online dispute resolution (OS) platform, available at http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court settlement