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dirtlej - terms and conditions

Terms and conditionsStatus: 27.05.2019

dirtlej GmbH, in the following also dirtlej

  1. Scope of application, terms of regulations

    1. For the business relationship between dirtlej GmbH, Am Kesselhaus 5, 79576 Weil am Rhein, Germany ("dirtlej“) and the customer in connection with the dirtlej online-store Germany under the URL www.dirtlej.de("online-store“) only apply the following terms and conditions in the version to the point of time of the particular order.

    2. Deviated, opposed or added terms and conditions even in aquirement do not get part of the contract, unless their importance is specificly agreed.

    3. The online-store directs itself only to customers that have their normal residence, shipping address and billing address in Germany or the European Union and that are customers in the sense of the legal prescriptions (§13 BGB), meaning natural persons that close a contract to a reason that neither can be assigned to a commercial nor an independent occupational operation.

  2. Conclusion of contract

    1. The presentation of the range in the online-store does not represent an legally binding offer, but the request to the customer to make an offer by himself for the conclusion of contract. We point out that the color of the products can differ and depends on the particular reproducer.

    2. The online order only represents an offer to the customer of the company dirtlej GmbH, to close a contract of purchase. The confirmation of the order by email does not represent an acceptance, but informs the customer that his order has been received by the company dirtlej GmbH. The confirmation of an order via phone does not represent a binding acceptance by dirtlej GmbH. The acceptance of an order occurs through the shipping of the articles or by prepay through the request of payment via email.

    3. The company dirtlej GmbH is free to reject online-orders. The company dirtlej GmbH is authorized to accept the offer of contract of an order within two weeks.

    4. The company dirtlej GmbH is authorized, to limit the order to an amount for a common household.

    5. If a product is not or only partial available, the customer will be immediately informed. The consideration will be immediately refunded.

    6. The language of the contract is German.

    7. Your signatory is dirtlej GmbH.

  3. Shipping

    1. As far as not differently agreed, the shipping of the products occurs to the specified shipping address, with the chosen shipping method specified by you. Partial shipment acceptable in a reasonable setting to you. If a partial shipment will take place, we will inform you in the shipping confirmation.

    2. The sipping is carried out by DHL-standard-shipping or DPD. As far as not differently specified, the articles will be sent to the customer approx. 5 days after the order.

    3. Troubles that are not to be represented by the company dirtlej GmbH or by possibly instructed companies by the company dirtlej GmbH (e.g. logistic companies for the execution of the contract) and acts of nature beyond control can delay the delivery. The company dirtlej GmbH will inform you immediately after it gets known by the company. The company dirtlej GmbH will tell you a new delivery time, appropriate to the particular circumstances. If after this sequence the products are still not available the company dirtlej GmbH is allowed to withdraw partially of completely from the contract. If the acceptance of the products is not expected to you any more because of the delay, you can withdraw the contract. The company dirtlej GmbH requests you in this respect to a note (e.g. via email. A provided payment will be refunded immediately. You possibly further rights will be untouched in any case.

  4. Reward and reservation of proprietary rights

    1. All prices specified in the online-store (dirtlej GmbH) are in Euro and understand theirselves including the particularly valid legal VAT. Relevant for the prices of the products are the prices that are valid during the point of time of the order.

    2. The shipping costs that you have to pay are specified in the shopping cart before you send your order.

    3. The payment of orders in the online-store can only be made through PayPal, credit card or via pre payment (bankwire in advance). In case of payment by credit card we accept Visa, Mastercard and American Express.

    4. The payment of the purchase price has to be done immediately after the closure of contract. If by payment on bill the incoming payment does not happen withing 14 days after the payment date, delay occurs. By payment via credit card we collect the amount of payment simultaneously with the shipping of the products.

    5. By payment via pre payment (bankwire in advance) the shipping of the orderes products happens after the incoming payment of the full amount on our bank account. This payment has to happen within 7 working days after the sending of the purchase confirmation. The confirmation of purchase calls for a timely payment, otherwise the agreement for sale and the obligation for delivery is dispensed.

    6. Until the complete payment, the products keep in the ownership of the company dirtlej GmbH.

  5. Shipping costs

    1. No shipping costs apply within Germany and within the EU.

    2. You will find the shipping costs under: www.dirtlej.com/shipping

  6. Right of withdrawal

    The right of withdrawal only applies to consumers.
    Instructions on withdrawal:

    1. Instructions on withdrawal

      Right of withdrawal
      You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.To exercise the right of withdrawal, you must inform us (dirtlej GmbH, Am Kesselhaus 5, 79576 Weil am Rhein, Germany, Email: info@dirtlej.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    2. Effects of withdrawal

      If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us or dirtlej GmbH, Am Kesselhaus 5, 79576 Weil am Rhein, Germany without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
      End of the instructions on withdrawal

  7. End of warranty

    1. Customers can choose if the supplementary performance should happen through rework or replacement. The company dirtlej GmbH is authorized to refuse to the kind of supplementary performance if it is only possible with disproportional costs, or if the other kind of supplementary performance is without serious disadvantage to the customer. For companies, it is the choice of the company dirtlej GmbH to provide warranty for scarcities of the articles through rework or replacement.

    2. If the supplementary performance fails, it is up to the customer to basically demand for reduction of the price (decrease) or recission of the sale (withdrawal) and claim for compensation. If there are only slight scarcities, the customer does not have the right for recission of the sale. If the customer choses compensation, the liability limitation according to point 8 of the terms and conditions return of unused articles apply.

    3. Customers have to show obviously scarcities of the articels to the company dirtlej GmbH within 2 months after their receivement in a written form; otherwise the enforcement of the claim for warranty is excluded.

    4. Trader have to immediately check the delivered articles on deviation of quality and quantity and tell the company dirtlej GmbH visible scarcities within a week after receiving of the articles in a written form; otherwise the enforcement of the claim for warranty is excluded.

    5. Hidden scarcities have to be told to the company dirtlej GmbH visible scarcities within a week after discovery in a written form. To meet the deadline the it is enough to dispatch on time. The trader strikes the entire burden of proof for all eligibility criteria, in particular for the defect itself, for the moment of the discovery of the defect and the timeliness of the notification of defects.

    6. The period of warranty for customers is two years from the delivery of the products. The period of warranty for traders is one year from the delivery of the products.

  8. Return of unused articles

    Besides the right of withdrawal, the company dirtlej GmbH independently offers a 14-days return from delivery of the articles. This return only exists for unused articles. As far as the customer did a "test of qualities and functions" of the articles after paragraph 7 of the terms and conditions (warranty), this does not count as use.

  9. Liability limitations

    1. The company dirtlej GmbH is liable for compensation – no matter which legal foundation and including the liability for legal representatives

    2. With simple negligence we are only liable for:

      1. harms of the injury of life, the body or the health,

      2. harms of a breach of contract (commitment whose fulfillment enables the correct realization of the contract in the first place, and on whose compliance the contracual partner trusts and may trust regularly; in this case our warranty is limited to the replacement of the predictable, typically occuring damage.

    3. The liability limitations that result from the first points do not count if the company dirtlej GmbH fraudulently concealed a defect or took on a warranty fot the quality of the articles. Same counts for your requirements after the law on product liability.

  10. Summation and right of retention

    1. The customer only can count up such claims if they got legally stated or acclaimed by the company dirtlej GmbH.

    2. A right of retention only can be practised by the customer if his counterclaim is part of the same contractual relationship.

  11. Data privacy

    Thank you for visiting our web page and the interest in our products. Your data will be handled confidential and according the EU privacy regulations as well as according to this privacy regulation. The usage of our web page is in general possible without the collection of personal data or information. In case of a collection of persona data (e.g. Name, Address and E-Mail) it will always be voluntary and will only be used for processing orders. These data will not be shared with any third party. Further information can be found here:
    Link to data privacy policy

  12. Final clause

    1. If individual terms of these terms and conditions are or will be invalid, the validity for the rest of the terms and conditions keeps unaffected. Instead of the invalid terms the respectively relevant legal terms apply. This also applies for the filling of possible gaps in these terms an conditions.

    2. All contracts with the company dirtlej GmbH are a subject of the law of the Federal Republic of Germany under exclusion of the German conflicts of law and all international and supranational legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods.

    3. The contract is closed in German language, even if these terms and conditions besides the German version also are available in other languages, notably in English. The terms and conditions and the wording of the contract will not separately be saved by the company dirtlej GmbH.

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