GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS & CUSTOMER INFORMATION
Index
Scope of application
Conclusion of the contract
Right of withdrawal
Price and terms of payment
Terms of delivery and shipment
Liability for defects
Applicable law and jurisdiction
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Business of Sandy Wirth
Witchy Rocks - Autonomo (hereinafter referred to as "the Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "the Customer") and the Seller in connection with goods or services displayed by the Seller in its online store. The customer's own terms and conditions are hereby excluded, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, consumers or users are natural persons who are acting, in particular, for purposes which are outside their trade, business or profession. An entrepreneur is any natural or legal person, whether private or a partnership with or without legal capacity, who, in concluding a legal transaction, acts directly or through another person on his own behalf or on his instructions, for a purpose which is connected with his trade, business or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions presented in the Seller's web store constitute binding offers of the Seller, which the Customer accepts by placing an order.
2.2 The Customer may place orders via the online order form integrated in the Seller's web store, thereby accepting the Seller's offer. By placing an order via the online order form and after having entered his personal data, the customer issues his legally binding acceptance of the contractual offer on the products contained in his shopping basket by clicking on the button for completion of the order process.
2.3 Within 24 hours, the Seller shall send the Customer an order confirmation by post or e-mail.
2.4 With the acceptance of an offer via the Seller's online order form, the Seller shall save the contractual text and send it to the Customer together with the corresponding general terms and conditions in text form (e.g. by e-mail, fax or letter) after the Customer has placed the order. The contractual text will also be archived on the Seller's website and can be viewed by the Customer free of charge by logging into his password-protected account using his access data, provided that he has created such an account on the Seller's web store before placing the order.
2.5 Before placing his binding order via the Seller's online form, the Customer may correct his data at any time using the usual keyboard and mouse functions. In addition, before placing his binding order, all data will be displayed once more in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
2.6 Order processing and contact is generally carried out by e-mail and automatic order processing. The Customer shall ensure that the e-mail address provided by him for order processing is correct so that he can receive e-mails sent to him by the Seller at this address. In particular, if spam filters are used, the customer must ensure that all e-mails sent to him by the seller himself or by a third party authorized by the seller to process the order can be received.
2.7 If the customer acts as a consumer, the language in which the contract is concluded may only be Spanish.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Price and terms of payment
4.1 The prices indicated by the Seller are flat-rate prices and include statutory value added tax. Where additional delivery or shipping costs apply, they will be indicated separately in the relevant product description.
4.2 Where deliveries are made to countries outside the European Union, it is possible that, in individual cases, additional costs may be incurred which the Seller is not obliged to bear and which shall be borne by the Customer. These include, but are not limited to, the costs of transferring money via credit institutions (e.g. transfer fees and currency conversion fees) or import duties or taxes (e.g. customs duties).
4.3 Various payment methods are available to the Customer via the Seller's website.
4.4 If payment in advance is agreed, payment shall be due immediately upon conclusion of the contract.
4.5 If the payment method "PayPal" is selected, payment shall be processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/es/webapps/mpp/ua/useragreement-full?locale.x=es_ES.
5) Delivery and shipping conditions
5.1 Delivery of the goods is regularly made by shipment to the delivery address indicated by the customer. The delivery address indicated in the Seller's order processing shall be decisive for the processing of the transaction.
5.2 If the carrier is unable to deliver the goods sent to the customer and must therefore return them to the seller, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer exercises his right of withdrawal, if the customer is not responsible for the circumstances that have made delivery impossible or if he is temporarily prevented from receiving the performance offered, unless the seller has announced the performance to him a reasonable time in advance.
5.3 If the customer is an entrepreneur, the risk of loss and accidental deterioration of the products sold is assumed by the customer as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the performance of the shipment.
If the customer is a consumer, the risk of loss and accidental deterioration of the products sold is in principle not borne by the customer or the person authorized to receive the goods until the moment of delivery of the goods. On the other hand, if it is the customer who ordered the shipment to the transport company, the carrier or any other person or company entrusted with the execution of the shipment and the seller had not mentioned such person or company to the customer beforehand, the risk of loss and accidental deterioration of the products sold shall also be borne by the customer, even if he is a consumer, as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the execution of the shipment.
5.4 Collection by the Customer from the Seller's warehouse is not possible.
6) Liability for defects
6.1 In the event that the purchased product is defective, the legal regulations on liability for defects shall apply and the legal warranty rights of the consumer in accordance with the General Law for the Protection of Consumers and Users shall be indicated.
6.2 The Customer is requested to claim goods delivered with obvious transport damage from the delivery person and to inform the Seller thereof.
If the Customer fails to do so, this shall have no effect on his warranty claims for legal or contractual defects.
7) Applicable law and jurisdiction
7.1 All legal relations between the parties shall be governed by the laws of the Kingdom of Spain, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted by the mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn.
7.2 In addition, this choice of law with respect to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose only residence and delivery address are outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
8.1 The European Commission provides an online dispute resolution platform that is available at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a one-stop shop for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase or service contracts to which a consumer is a party.
8.2 The Seller is not obliged to participate in a dispute resolution process before a consumer conciliation body, but is in principle willing to do so.
Index
Scope of application
Conclusion of the contract
Right of withdrawal
Price and terms of payment
Terms of delivery and shipment
Liability for defects
Applicable law and jurisdiction
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Business of Sandy Wirth
Witchy Rocks - Autonomo (hereinafter referred to as "the Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "the Customer") and the Seller in connection with goods or services displayed by the Seller in its online store. The customer's own terms and conditions are hereby excluded, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, consumers or users are natural persons who are acting, in particular, for purposes which are outside their trade, business or profession. An entrepreneur is any natural or legal person, whether private or a partnership with or without legal capacity, who, in concluding a legal transaction, acts directly or through another person on his own behalf or on his instructions, for a purpose which is connected with his trade, business or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions presented in the Seller's web store constitute binding offers of the Seller, which the Customer accepts by placing an order.
2.2 The Customer may place orders via the online order form integrated in the Seller's web store, thereby accepting the Seller's offer. By placing an order via the online order form and after having entered his personal data, the customer issues his legally binding acceptance of the contractual offer on the products contained in his shopping basket by clicking on the button for completion of the order process.
2.3 Within 24 hours, the Seller shall send the Customer an order confirmation by post or e-mail.
2.4 With the acceptance of an offer via the Seller's online order form, the Seller shall save the contractual text and send it to the Customer together with the corresponding general terms and conditions in text form (e.g. by e-mail, fax or letter) after the Customer has placed the order. The contractual text will also be archived on the Seller's website and can be viewed by the Customer free of charge by logging into his password-protected account using his access data, provided that he has created such an account on the Seller's web store before placing the order.
2.5 Before placing his binding order via the Seller's online form, the Customer may correct his data at any time using the usual keyboard and mouse functions. In addition, before placing his binding order, all data will be displayed once more in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
2.6 Order processing and contact is generally carried out by e-mail and automatic order processing. The Customer shall ensure that the e-mail address provided by him for order processing is correct so that he can receive e-mails sent to him by the Seller at this address. In particular, if spam filters are used, the customer must ensure that all e-mails sent to him by the seller himself or by a third party authorized by the seller to process the order can be received.
2.7 If the customer acts as a consumer, the language in which the contract is concluded may only be Spanish.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Price and terms of payment
4.1 The prices indicated by the Seller are flat-rate prices and include statutory value added tax. Where additional delivery or shipping costs apply, they will be indicated separately in the relevant product description.
4.2 Where deliveries are made to countries outside the European Union, it is possible that, in individual cases, additional costs may be incurred which the Seller is not obliged to bear and which shall be borne by the Customer. These include, but are not limited to, the costs of transferring money via credit institutions (e.g. transfer fees and currency conversion fees) or import duties or taxes (e.g. customs duties).
4.3 Various payment methods are available to the Customer via the Seller's website.
4.4 If payment in advance is agreed, payment shall be due immediately upon conclusion of the contract.
4.5 If the payment method "PayPal" is selected, payment shall be processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/es/webapps/mpp/ua/useragreement-full?locale.x=es_ES.
5) Delivery and shipping conditions
5.1 Delivery of the goods is regularly made by shipment to the delivery address indicated by the customer. The delivery address indicated in the Seller's order processing shall be decisive for the processing of the transaction.
5.2 If the carrier is unable to deliver the goods sent to the customer and must therefore return them to the seller, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer exercises his right of withdrawal, if the customer is not responsible for the circumstances that have made delivery impossible or if he is temporarily prevented from receiving the performance offered, unless the seller has announced the performance to him a reasonable time in advance.
5.3 If the customer is an entrepreneur, the risk of loss and accidental deterioration of the products sold is assumed by the customer as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the performance of the shipment.
If the customer is a consumer, the risk of loss and accidental deterioration of the products sold is in principle not borne by the customer or the person authorized to receive the goods until the moment of delivery of the goods. On the other hand, if it is the customer who ordered the shipment to the transport company, the carrier or any other person or company entrusted with the execution of the shipment and the seller had not mentioned such person or company to the customer beforehand, the risk of loss and accidental deterioration of the products sold shall also be borne by the customer, even if he is a consumer, as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the execution of the shipment.
5.4 Collection by the Customer from the Seller's warehouse is not possible.
6) Liability for defects
6.1 In the event that the purchased product is defective, the legal regulations on liability for defects shall apply and the legal warranty rights of the consumer in accordance with the General Law for the Protection of Consumers and Users shall be indicated.
6.2 The Customer is requested to claim goods delivered with obvious transport damage from the delivery person and to inform the Seller thereof.
If the Customer fails to do so, this shall have no effect on his warranty claims for legal or contractual defects.
7) Applicable law and jurisdiction
7.1 All legal relations between the parties shall be governed by the laws of the Kingdom of Spain, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted by the mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn.
7.2 In addition, this choice of law with respect to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose only residence and delivery address are outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
8.1 The European Commission provides an online dispute resolution platform that is available at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a one-stop shop for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase or service contracts to which a consumer is a party.
8.2 The Seller is not obliged to participate in a dispute resolution process before a consumer conciliation body, but is in principle willing to do so.