Terms and Conditions
Terms and Conditions
1.1. The following Terms and Conditions of Contract (GTC) apply to all contracts made with the customer (hereinafter: CUSTOMER) via the online shop of Duoh, at firstname.lastname@example.org.
1.2. The SELLER does not accept any contrary terms and conditions that the CUSTOMER may have unless the SELLER expressly consents to them in writing.
2. Formation of contract
2.1. The CUSTOMER can add items to his shopping cart by clicking the "Add to cart" button and then initiate the order process by clicking the shopping cart and then clicking the "Go to checkout" button in the shopping cart. In the course of the order process, the CUSTOMER must enter all required contact information for shipping and payment and finalize the order by clicking the "Purchase" button.
2.2. The CUSTOMER can correct input errors, including, without limitation, merchandise accidentally added to the shopping cart, by clicking the appropriate buttons and entering the appropriate quantities in the shopping cart. The CUSTOMER can correct input errors made at various steps in the order process by navigating to the appropriate step with the "Back" and "Next" buttons in his browser.
2.3. The presentation of products in the SELLER's online shop represents an invitation to treat. By placing an order, the CUSTOMER is making a legally binding offer to enter into a contract regarding the items in the shopping cart. The SELLER will automatically confirm receipt of the order by e-mail without undue delay. The contract is formed when the order is confirmed automatically.
2.4. The purchase contract is made with Duoh, C/ Sant Pere Mitjà 70, 08003 Barcelona.
2.5. The contract language is English.
3. Prices and shipping costs
3.1. The order will be based on the valid prices displayed in the online shop on the order date.
3.2. The prices shown in the online shop are stated in EUR.
3.3. The prices shown in the online shop do not include shipping costs for packaging or postage. The shipping costs are calculated dynamically during the order process and are displayed in the shopping cart overview before the order is placed.
3.4. All international orders/shipments will be subject to a flat shipping fee as set out in the shipping cost table in the online shop. The flat shipping fee for international shipments is also shown in the shopping cart before the order is submitted.
3.5. The CUSTOMER may have to pay additional taxes (e.g. for intra-USA purchases) and/or duties (customs, etc.) for international shipments in some cases.
4. Payment terms
4.1. The SELLER only accepts the payment methods offered in the online shop during the order process. The CUSTOMER selects his preferred payment method from the available payment methods.
4.2. If the SELLER offers to ship merchandise in exchange for prepayment via bank transfer, the CUSTOMER must transfer the purchase price plus any delivery and shipping costs to the SELLER prior to shipment. The merchandise will be shipped once the SELLER receives the full invoiced amount in its account.
4.3. If the SELLER offers to ship merchandise COD and then ships the merchandise COD, the CUSTOMER must pay the transporting carrier the purchase price plus any delivery and shipping costs in cash at the time of delivery. The COD fee will be included in the breakdown of shipping costs.
4.4. If the SELLER offers to ship merchandise in exchange for payment by credit card, the CUSTOMER, by providing his credit card information, gives his authorization to charge the entire invoiced amount plus any delivery and shipping costs when and as they come due via the appropriate credit card company. The credit card will be charged when the order is confirmed.
4.5. If payment is made via PayPal, the CUSTOMER must have a PayPal account and sign into this account. Then, the CUSTOMER must complete the PayPal payment process and confirm payment to the SELLER.
5. Shipping and delivery terms
5.1. Unless otherwise agreed with the CUSTOMER, the merchandise is shipped to the delivery address specified by the CUSTOMER in the purchase order.
5.2. The items purchased by the CUSTOMER are shipped immediately after receiving payment (when credited to the SELLER's business account), but no later than within three business days of receiving the payment, unless a shorter or longer delivery deadline is expressly given for the specific item.
5.3. If items are shipped to a business the risk of the accidental loss and deterioration of the purchased item will pass when the item is handed over to the business or an authorized recipient, or – for distance sales – when delivered to a suitable carrier. If items are shipped to a consumer, the risk of accidental loss and deterioration of the purchased item will pass to the consumer when the item is handed over to him. For the purposes of the passage of risk, the item is also deemed to have been handed over to the CUSTOMER as soon as the CUSTOMER is in default in accepting delivery.
5.5. The SELLER will immediately notify the CUSTOMER of delivery delays.
6. Retention of title
The SELLER retains title to the items sold until the purchase price has been paid in full.
7.1. The CUSTOMER has the rights granted by law if the purchased item has defects. No warranty is extended for damage caused by the improper use, installation or handling of the item, or for wear and tear.
7.2. If the CUSTOMER places an order in his capacity as a merchant, a warranty claim for obvious defects must be filed within one week of receiving the goods using the above contact details, or his right to file a claim will expire. The deadline is deemed to have been met if the notice of defects is sent off in a timely fashion.
8.1. Wherever the CUSTOMER is entitled to damages or reimbursement of futile expenses from the SELLER outside of warranty law, these claims will be based on the provisions hereof regardless of their legal nature.
8.2. The SELLER disclaims all liability – on any legal grounds whatsoever – unless the damage was wilfully or grossly negligently caused by the SELLER, its employees, its representatives or agents for whom the SELLER is vicariously liable. Any disclaimer or limitation of the SELLER's liability also applies to the personal liability of the SELLER's employees, representatives or agents for whom the SELLER is vicariously liable. This is without prejudice to the SELLER's liability.
8.3. The SELLER is liable as provided by law for damages ensuing from injury to life, limb or health based on any intentional, grossly negligent or negligent breach of duty by the SELLER, its legal representative or an agent for whom the SELLER is vicariously liable.
8.4. To the extent the SELLER has, at least negligently, breached a material contractual duty, that is, a duty whose satisfaction is significant for achieving the purpose of the contract (material contractual duty or cardinal duty), liability will be limited to the typical damages, that is, the damages one must typically expect in connection with the contract. A material or cardinal contractual duty as defined above is any such duty whose satisfaction is essential to the proper performance of the contract and upon whose satisfaction the CUSTOMER does and may regularly rely.