Terms and Conditions
General Terms and Conditions and Customer Information
Table of Contents
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Scope
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Conclusion of Contract
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Right of Withdrawal
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Prices and Shipping Costs
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Shipping and Delivery Conditions
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Liability for Defects
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Applicable Law and Jurisdiction
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Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (GTC) of the company Dariz Omarkheil – Mywaveearth (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller concerning goods and/or services from the Seller's online shop. Deviating conditions of the Customer shall not apply unless expressly agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who acts for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur within the meaning of these GTC is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding the contract.
2) Conclusion of Contract
2.1 The products displayed in the online shop do not constitute binding offers but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the online shop. After selecting the desired goods/services and completing the ordering process, the Customer submits a legally binding offer to purchase the items in the shopping cart by clicking the button to complete the order.
2.3 The Seller can accept the Customer's offer within five days:
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by sending a written order confirmation (by e-mail or fax),
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by delivering the goods to the Customer, or
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by requesting payment after the order has been placed.
If the Seller does not accept the offer within this period, it is considered rejected.
2.4 The acceptance period begins the day after the offer is submitted by the Customer and ends at the end of the fifth day.
2.5 The contract text is stored by the Seller and sent to the Customer in text form (e-mail, fax, or letter) after the order is placed.
2.6 Before submitting the order, the Customer can correct all entries using the usual keyboard and mouse functions.
2.7 The contract language is English.
2.8 The order processing is usually carried out by e-mail and automated order processing. The Customer is responsible for providing a correct e-mail address and ensuring receipt of the e-mails.
3) Right of Withdrawal
Consumers have a statutory right of withdrawal. The exact conditions are regulated in the Seller's withdrawal policy.
4) Prices and Shipping Costs
4.1 The prices stated are final prices including statutory VAT. Shipping costs are shown separately.
4.2 The payment options are indicated in the online shop.
4.3 In case of prepayment, payment is due immediately after conclusion of the contract.
4.4 Payments via PayPal are processed through PayPal (Europe) S.a.r.l. et Cie, S.C.A., Luxembourg, according to the PayPal terms of use: PayPal GTC.
4.5 Payments via Shopify Payments are processed through Shopify International Limited, Ireland. More info: Shopify Payments.
4.6 For payments via Klarna Bank AB (publ), Sweden, the options invoice, installment purchase, and immediate transfer can be used. Info: Klarna GTC.
5) Shipping and Delivery Conditions
5.1 Delivery is made to the delivery address provided by the Customer.
5.2 If delivery cannot be made, the Customer bears the costs of the unsuccessful delivery unless the Customer is not responsible for this.
5.3 Partial deliveries are permitted if reasonable for the Customer.
5.4 The risk of accidental loss passes to consumers only upon handover to the Customer. For entrepreneurs, the risk passes upon handover to the transport company.
5.5 The Seller may withdraw from the contract if they themselves are not properly supplied. The Customer will be informed and any payments already made will be refunded.
5.6 Self-collection by the Customer is not possible for logistical reasons.
6) Liability for Defects
6.1 The statutory provisions on liability for defects apply.
6.2 If the consumer exercises their short-term right of return, they bear the return shipping costs.
7) Applicable Law and Jurisdiction
7.1 For consumers, the law of the country in which the Customer has their habitual residence applies. UN sales law is excluded. The courts at the consumer's place of residence have jurisdiction.
7.2 For entrepreneurs, the law of the country in which the Seller has their business seat applies. UN sales law is excluded. The courts at the Seller's place of business have jurisdiction.
8) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.