Business Terms
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Alternative dispute resolution
- E-mail forwarding to third parties
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Daliun LLC Ltd. (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, 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 seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, fax, online contact form, post or telephone.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the order has been placed .
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal. com
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not provide any further access to the text of the contract. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which enlarges the display on the screen. The customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.
2.8 Order processing and contact are generally carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transmission by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller's online store.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service „PayPal“ is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes, even in the event of the assignment of claims.
4.6 If the payment method „SOFORT“ is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by „SOFORT“ and the customer's bank account is debited. The customer can find more information on the payment method „SOFORT“ on the Internet at https://www.klarna.com
4.7 If a payment method offered via the payment service „Unzer“ is selected, the payment is processed üvia the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: „Unzer“). The individual payment methods offered via Unzer are communicated to the customer in the seller's online store. Unzer may use the services of third party payment service providers to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information about "Unzer" is available on the Internet at https://www.unzer.com
4.8 If the payment method purchase on account is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.
4.9 If the payment method purchase on account is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online store.
4.10 If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not received due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution's chargeback if he is responsible for this.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is authoritative.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy shall apply to the return shipping costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise responsible for carrying out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller hands over the goods to the forwarding agent, the carrier or the person or organization otherwise responsible for carrying out the shipment; The risk of accidental loss or accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by e-mail
- postally
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,- the Seller has the choice of the type of subsequent performance; in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;in the case of used goods, the rights and claims due to defects are excluded;the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
- for claims for damages and reimbursement of expenses by the customer, in the event that the Seller has fraudulently concealed the defect,for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.2 The aforementioned limitations of liability and shortened periods shall not apply
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The balance of a promotional voucher shall neither be paid out in cash nor bear interest.
8.9 The promotional voucher shall not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, business incapacity or lack of power of representation of the respective holder.
9) Redemption of gift vouchers
9.1 Gift vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, business incapacity or lack of power of representation of the respective holder.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
11) Disclosure of e-mail addresses to third parties
11.1 Purpose of disclosure: Your e-mail address may be disclosed to third parties in order to send you specific information, offers or services that may be of interest to you. The disclosure will only be made for the purposes specified in this agreement.
11.2 Selection of third parties: The third parties to whom we disclose your email address have been carefully selected and undertake to treat your data in accordance with applicable data protection laws.
11.3 Your consent: Your e-mail address will only be passed on to third parties with your express consent (consent is given by purchasing in the store or subscribing to the newsletter). Consent can be revoked at any time. Please inform us if you do not wish your e-mail address to be passed on for suitable, further offers.11.4 Protection of your data: We take appropriate security measures to ensure the security of your email address and to ensure that third parties only use it in accordance with the terms of this Agreement.11.5 Changes to the Agreement: We may update this sharing policy to reflect changes to our practices or for legal reasons. Such changes will take effect as soon as they are posted on our website. We recommend that you review them regularly.11.6 Your rights: You have the right to request information about which of your data has been shared with third parties, as well as the right to request the correction or deletion of such data.
Contact us: If you have any questions about the disclosure of your email address, you can contact us at info@daliun.online.