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This document (together with the documents referred to herein) sets out the conditions for use of this website (shopgoods.eu) and regulates the purchase of products through this website (hereinafter referred to as “Terms and Conditions”.
You should read these Terms and Conditions, our cookies policy and our data protection declaration (hereinafter referred to jointly as the “Data Protection Policy”) carefully prior to using the website. By using the website or placing an order through this website, you are consenting to these Terms and Conditions and our Data Protection Policy. If you do not agree to the Terms and Conditions and the Data Protection Policy, you cannot use this website.
We may change these Terms and Conditions. You are obligated to read through these Terms and Conditions on a regular basis, as the Terms and Conditions that apply are those valid at the time of using the website or at the time of concluding a contract (see below).
If you have any questions about the Terms and Conditions or the Data Protection Policy, you can contact us using our web form.
You can choose to conclude the contract (see below) in any of the languages, in which the Terms and Conditions are available on this website.
2 OUR DETAILS
The sale of goods through this website takes place under the SHOPGOODS Germany, a company based in Germany with its registered office in Wiesbaden Germany (Kurt-Schumacher-Ring 39, 65195 Wiesbaden), with VAT ID-Nr.: DE815848104
3 YOUR DETAILS AND USE OF THIS WEBSITE
The information and personal details that you provide are processed in accordance with the Data Protection Policy. By using this website, you consent to the processing of your information and details and confirm that all information and details provided are correct and accurate. This document refers to you as user(s), consumer(s) or customer(s).
4 USE OF OUR WEBSITE
By using this website and placing an order through this website, you agree:
- to use the website exclusively for lawful enquiries and orders.
- not to submit any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we have the right to cancel the order and inform the relevant authorities.
- to provide us with your full and correct e-mail address, postal address and/or other contact details. You also consent to us using this information to contact you in relation to your order if necessary (please refer to our Data Protection Policy).
If you fail to provide us with all of the information that we require, you will not be able to place an order.
By placing an order through this website, you confirm that you are at least 18 years old and have the capacity to conclude a legally binding contract
5 AVAILABILITY OF SERVICE
The items offered on this website are only available for delivery mainly within Europe, UK, USA, Switzerland and to all countries as long as users, consumers and customers assume the shipping costs, if no free shipping by default.
6 CONCLUSION OF CONTRACT
The information contained in these Terms and Conditions and the details contained in the website do not constitute an offer for sale, but rather, an invitation to conclude transactions. No contract shall exist between you and us in relation to any product until we have expressly accepted your order. If we do not accept your offer, amounts that have already been debited to your account shall be fully refunded.
To place an order, you must complete the online purchase process and click the “Purchase” button. You will then receive an email from us in which we received your order confirm (“Order Confirmation“). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to buy one or several products from us. All orders require an acceptance from us, which takes place by sending an e-mail to you, stating that the order was sent (“Shipping Confirmation”). The contract for the purchase of a product (“Contract”) shall only be concluded once we have sent you the Shipping Confirmation.
The Contract only relates to those items that are listed in the Shipping Confirmation. We are not obligated to deliver additional items to you that have been ordered, until the shipping of these items has also been confirmed in a further Shipping Confirmation.
7 AVAILABILITY OF PRODUCTS
The realization of a product order is subject to their availability and their specific design. If not otherwise stated during the ordering process, the planned delivery term is 5 business days after payment is received. 5-10 business days of this time shall be required to produce, customize or print textile. Another 1 to 2 business days shall be required for expected mailing time. If an order involves large quantities or complex production processes, the production time shall be extended by an appropriate term. The provider hereby notes that it is delivering goods through a postal service provider, and has no influence over postal delivery times. As an exception, the delivery time for orders placed before holidays (such as Christmas) can be extended by an appropriate term.
In the event of supply difficulties or if the product is no longer in stock, we reserve the right to send you information about substitute products of the same or higher quality and price, which you can order. If you do not wish to order these substitute products, we will refund any amounts that you have already paid to us.
8 RESERVATION OF RIGHT TO REJECT AN ORDER
We reserve the right to remove products from the website at any time and withdraw or amend its material or contents. Although we always endeavour to process all orders received by us, extraordinary circumstances can lead to us being required to reject the processing of an order after sending an Order Confirmation. We reserve the right to do so at any time, at our discretion.
We shall not be liable to you or third parties as a result of the removal of products or amendment of material or contents of this website or the rejection of an order after an Order Confirmation has been sent.
Subject to the Terms and Conditions in Clause 7 above regarding the availability of products and provided that no extraordinary circumstances exist, we will endeavour to deliver the products listed in the Order Confirmation prior to the stated delivery date or, if no delivery date has been stated, within the anticipated time period displayed when choosing a shipping method and in any event, no later than 30 days from the date of the Order Confirmation.
However delays may occur as a result of customized items, the occurrence of unforeseen circumstances or because of the delivery zone.
If we are unable to meet the delivery date for any reason, we will inform you and provide you with the option either to continue with the purchase by setting a new delivery date or to cancel the order with a full refund of the amount already paid.
In accordance with these Terms and Conditions, the “delivery” shall be deemed as having been carried out or the order as “delivered”, as soon as you or a third party specified by you has taken possession of the goods. This shall be documented by signing the certificate of receipt of the order at the shipping address that you have specified.
10 UNDELIVERABLE SHIPMENT
If we are not able to deliver an order after 2 attempts, we will try to find a secure place to leave it. If we are unable to find a secure place, your order will be returned to our warehouse. Furthermore, we will send you a notification with information regarding the whereabouts of your order and how you can arrange redelivery. If will not be at the delivery location at the arranged the time, we kindly request that you contact us in order to arrange the delivery for a different day.
If we have been unable to deliver your order by 30 days after your order was ready to be delivered, for reasons for which we are not responsible, we will assume that you are withdrawing from the Contract.
11 TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
From the time of shipment, you are liable for the products.
Ownership of the products shall only transfer to you after full payment of all amounts due for the products, including the shipping costs, or upon delivery if this takes place at a later date.
12 PRICE AND PAYMENT
The purchase price of the products corresponds to the price stated on our website at any time, unless there is an obvious error. Whilst we endeavour to ensure that all of the prices stated on the website are correct, errors may occur. If we determine that the price for a product you have ordered has been stated incorrectly, we will inform you as soon as possible and give you the option to confirm the order again at the correct price, or to cancel it. If it is not possible for us to contact you, the order will be regarded as cancelled and you will receive a full refund of all amounts already paid.
We have no obligation to sell any product to you at an incorrect lower price (even if we have already sent an Order Confirmation to you), if the error in the price is obvious and unmistakable and the incorrectness of the price should have been reasonably recognizable as an error by you.
The prices stated on the website exclusive of shipping costs. These will be added to the total amount due in accordance with the information on shipping costs in our shopping guide. The total price, including the purchase price for the products, shipping costs, and VAT (exclusion), will be displayed prior to final placement of your order.
We reserve the right to change prices at any time. However, unless specified otherwise above, such price changes will not affect orders that you have placed, for which we have already sent an Order Confirmation.
Once you have added one or more items that you wish to purchase to your shopping basket, you can proceed with the order. In the next step, the order will be processed and payment will be taken. Follow the steps of the purchasing procedure and complete or check the necessary details for each step. You can also change the details of your order during the purchase process prior to payment. A detailed description of the purchase process can be found in the shopping guide. If you are logged on as a user, you can find a list of all orders that you have placed under “My Account”.
Payment can be made with Visa, MasterCard, American Express and PayPal. You can also pay the whole or a partial amount with a gift card or coupon.
To minimize the risk of unauthorized access, your credit card details are encrypted. As soon as we have received your order, we will request a preliminary approval of the payment from your bank, in order to ensure that the funds needed to conclude the transaction are available.
If you pay via PayPal, payment will be taken when we confirm your order.
By clicking on the “Authorise payment” button, you confirm that you are the legal holder of the credit card, gift card or eCard.
Credit cards are subject to validity checks and approval requests by the respective credit card institution. If this institution fails to approve the payment to us, we will not be liable for delays or non-deliveries and may not be able to conclude a contract with you.
13 PURCHASING AS A GUEST
You can also make purchases from this website using the Purchase as a Guest function. If you purchase using this method, only the details that are absolutely necessary for processing your order are required. After completing the purchase process you will be asked to choose whether you want to register as a user or proceed as a non-registered user.
14 VALUE ADDED TAX
In accordance with the applicable rules and regulations, all online purchases are subject to value added tax (VAT) with the exception of purchases that are shipped directly to customers on the Canary Islands, in Ceuta or Melilla.
Accordingly, and in line with Chapter I, Title V. of Council Directive 2006/112/EC dated 28 November 2006 regarding the common system of value added tax, the delivery address is deemed as the place within the member state, in which the shipping address is situated, to which the items are delivered and VAT shall be applied in the relevant amount in the member state to which the items corresponding to the orders placed are to be shipped.
In accordance with the valid rules and regulations in every jurisdiction the reverse charge rule (Article 194 of Directive 2006/112) shall apply to goods that are shipped to specific Member States of the European Union, if the customer is or should be subject to taxation with VAT. In this case, we would not charge any VAT, provided that the recipient can confirm that the VAT on the delivered goods has been paid by the customer within the context of the reverse charge procedure.
Orders that are shipped to the Canary Islands, to Ceuta or Melilla are exempt from VAT, as defined in Article 146 of the aforementioned directive, however, they are subject to the relevant taxes and customs duties, in accordance with the valid rules and regulations.
15 RIGHT OF REVOCATION AND RETURN
15.1 Statutory right of revocation
Right of revocation
If you, as a consumer, conclude a contract, you are entitled to revoke it without specifying reasons within the statutory revocation period.
The revocation period ends 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods or in the case of several items in a separately delivered order, 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the last item.
In order to exercise your right of revocation you must inform us that you wish to revoke the Contract in one of the following ways:
- By mail: SHOPGOODS, Kurt-Schumacher-Ring 39, 65195 Wiesbaden. Germany
- By web contact form: shopgoods.eu/contact
In order to comply with the revocation period, it is sufficient for you to dispatch your notification about exercising the right of revocation prior to the expiry of the revocation period.
You do not have the right to revoke if it involves the delivery of one of the following products:
- Items that have been customized/personalized.
- Sealed goods that are not suitable for return due to hygiene and cleanness reasons.
- Sealed goods that are used or worn by customers and show notables signs of usage.
Consequences of revocation
If you revoke this Contract, we will refund all payments received from you. For this refund, we use the same payment method that you used for the original transaction, bank transfer or Pay Pal. Under no circumstances will we charge you for this refund. Notwithstanding the aforementioned, we may refuse the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which takes place sooner.
You must return or hand over the goods to us immediately and no later than 14 days from the day on which you have placed an order. Goods can be returned using one of the following options:
Returns by courier
You can return the goods to the following address at your own expense:
SHOPGOODS, Kurt-Schumacher-Ring 39, D-65195 Wiesbaden, Germany
In case of damage, you have to include:
- Picture of the outer packaging
- Picture of the open box where the protection can be seen
- Picture of the label attached from courier
- Picture of the damage
- Picture of the list of products with stamps
In case of erroneous product you have to include:
- Picture of erroneous product received
- Picture of the list of products with stamps
- Picture of EAN code of erroneous product received
We will check the returned items and inform you about your right to a refund for the amounts paid. The refund will take place as quickly as possible. Notwithstanding the aforementioned, we may refuse the refund until we have received the returned goods or until you have provided valid evidence as a tracking code that you have returned the goods, depending on which takes place sooner. The refund will always take place with the same payment method that you used to pay for the purchase.
You are only required to cover any loss in value of the goods, if this loss in value is due to handling of the goods that is not necessary for inspecting the quality, characteristics and function of the goods. Returns are only possible for non-personalized products according to our General Terms and Conditions. Return shipping costs shall only be reimbursed with a provided proof of insured shipping for the products. The sender shall bear the risks of the return delivery.
END OF REVOCATION POLICY
15.2 Return of faulty items
If you believe that an item does not correspond to the contractual Terms and Conditions valid at the time of the delivery, you should contact us immediately using our web form and notify us of the details of the item and the damage. We will inspect the returned item thoroughly and inform you within an adequate time period by e-mail as to whether it should be repaired, replaced or the price refunded (depending on the individual case)..
16 LIABILITY AND LIABILITY DISCLAIMER
Insofar as it is not explicitly specified in these Terms and Conditions, our liability in relation to items that are sold on our website is limited to the purchase price of this item only.
Notwithstanding the Terms and Conditions above, our liability cannot be limited or rescinded in the following cases:
- In the event of death or personal injury caused by negligence on our part.
- In the event of fraud or negligent misrepresentation or
- In a case where it would be unlawful or illegal to exclude or limit our liability or intend to exclude or limit our liability.
Subject to the section above and insofar as it is legally admissible and if it is not defined otherwise in these Terms and Conditions, we shall not assume any liability for the following losses, regardless of the underlying cause:
- Losses of earnings or revenues
- Losses of business
- Losses of profit or contracts
- Losses of expected savings
- Data losses and
- losses of administrative or office time.
Due to the public nature of this website and the possibility of errors with saving and transmission of digital information, we assume no liability for the precision and security of the information transferred to or retrieved from this website, except if it is specified as such on this website.
All of the product descriptions, information and materials provided on this website are “as is” and provided without explicit or tacit guarantees, unless these are legally prescribed. Every product painting/illustration/ motif is printed or engraved and therefore unterstood as a customized good. The given designs are meant to be a an orientation for users, costumers, consumers and designers.
If you conclude a Contract in this context as a consumer or customer, we shall be obligated to deliver goods in a contractually compliant manner, whereby we shall be liable to you in the event of breaches of contract at the time of delivery. The goods shall be deemed as compliant with the Contract if they: (i) Correspond to our description and the quality that is presented on the website, (ii) are suitable for the purposes for which items of this type are conventionally used and (iii) display the quality and performance that is usually and reasonably expected with items of this type.
Insofar as it is legally admissible, we exclude all warranties with the exception of those that legally cannot be excluded to the benefit of consumers and customers.
The provisions contained in the clause shall affect neither your rights as a consumer and customer nor your right to withdraw from the Contract.
17 INTELLECTUAL PROPERTY AND COPYRIGHTS TO PRINTED OR ENGRAVED DESIGNS
You hereby confirm and give consent that we or our licensor may retain all copyrights, trademarks and all other intellectual and industrial property rights to material or content that are made available to us as part of the website, at any time. You are only permitted to use this material in accordance with the explicit approval that has been granted by us or our licensor. This provision shall not prevent you from using this website to the necessary extent in order to copy information about your orders or contact details.
Customers expressly assures that it is entitled to publish and duplicate the texts and designs in question. The customer in particular assures that it shall uphold the data privacy rights and personal rights of any affected parties. The customer hereby undertakes not to transfer any data with content that would violate third party property rights (such as labeling rights, copyrights) or that would violate any existing laws or common decency.
Furthermore, we reserve the right to subject racist, political, or individually discriminatory text content to special review and to reject providing products with such content.
18 VIRUSES, PIRACY AND COMPUTER ATTACKS
You are prohibited from knowingly misusing this website by introducing viruses, Trojans, worms, logic bombs or other software or materials that are damaging or technically harmful. You will not attempt to gain unauthorized access by devious means to this website, the server on which this website is made available or another server, computer or database that is related to this website. You undertake to refrain from attacking this website using a denial-of-service attack or distributed-denial-of-service attack.
The failure to comply with this clause can constitute the commitment of an offence according to the applicable regulations. We shall notify the responsible authorities about any such violation of these legal stipulations and will cooperate with them to discover the identity of attackers. If you violate this clause, the authority to use this website will immediately be withdrawn from you.
We are not liable for damages or losses as a result of a denial-of-service attack, virus or other software or materials that are damaging or technically harmful to your computer, your equipment, your data or your materials, which have been caused by the use of this website or by downloading content from this website or any linked websites.
19 LINKS ON OUR WEBSITE
Our website may contain links to other websites or material or third parties. These links are exclusively for information purposes. We have no control over the contents of such websites or material. Accordingly, we shall not assume any liability for damages or losses resulting from the use of such links.
20 WRITTEN COMMUNICATIONS
Applicable law makes provisions for the fact that some of the information or notifications that we send to you must be in written form. By using this website, you accept that communication with us will primarily take place electronically. We will contact you by e-mail or provide you with information by placing messages on this website. For contractual purposes, you consent to this form of electronic communication and confirm that all Contracts, notifications, information and other messages that we provide you with in electronic form shall be regarded as the fulfilment of the legal requirements that these notifications must take place in written form. Your statutory rights shall remain unaffected by this provision.
All notifications that you send to us should ideally be sent using our web form. Subject to the provisions of Clause 19 above and where not specified otherwise, we may either send you notifications by e-mail or by delivery to your postal address, which you provided us with when you placed your order.
A notification shall be deemed as received and properly completed, as soon as it is posted on our website, 24 hours after an e-mail has been sent or three days after the dispatch date of a letter. To provide evidence that messages have been sent, it is sufficient to document that – in the case of a letter – this letter was properly addressed, stamped and dispatched and – in the case of an e-mail – that this e- mail was sent to the recipient’s specified e-mail address.
22 TRANSFER OF RIGHTS AND DUTIES
The Contract between you and us is binding for you, as well as for us and for our respective successors, assignees and heirs.
You are not authorised to transfer, assign, assert or otherwise have disposal over a contract or any of your rights or duties in relation to such a contract without our prior written consent.
During the term of the Contract, we can transfer, assign, assert, pass on or otherwise dispose over the Contract, as well as all of our rights and duties within the context of the Contract, at any time. To avoid any misunderstandings, it is stated for the record that such a transfer, assignment, assertion or other disposal over your statutory rights as a consumer must not be impaired, depending on applicability, and the statutory warranty rights or warranties that have been explicitly or tacitly provided to you shall not be reduced or restricted in any way.
23 EVENTS OF FORCE MAJEURE
We are not liable or responsible for the non-fulfilment or delay in fulfilment of our obligations within the context of a Contract, which is caused by events that lie outside of our control (“Event of Force Majeure”).
Force Majeure includes all actions, events, events that have not occurred, omissions or accidents, which are out of our control, including, inter alia, the following cases:
- Strikes, lockouts or other labour disputes
- Civil unrest, uprisings, invasions, terrorist attacks or the threat of terrorist attacks, war (whether declared or not) or the threat of or preparation for a war
- Fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters
- Impossibility of using trains, ships, aircraft, trucks or other means of public or private transport
- Impossibility of using public or private telecommunication systems
- Introduction or change of legal regulations, enactments, laws, ordinances by governments or authorities.
- All strikes, malfunctions or accidents in marine transport or inland waterway transport, the postal service or other types of transportation
Our duty to fulfil the Contract shall be suspended for the time period during which the Event of Force Majeure continues and we shall be entitled to an extension of the fulfilment period, which corresponds to the duration of this time period. We will employ best efforts to terminate the Event of Force Majeure or find a solution that allows us to fulfil our obligations within the context of the Contract, in spite of an Event of Force Majeure.
If, at any time during the term of the Contract, we fail to insist on the strict fulfilment of your duties within the context of this Contract or these Terms and Conditions, or if we fail to exercise any rights or legal remedies to which we are entitled within the context of this Contract or these Terms and Conditions, this shall not constitute a waiver of these rights and legal remedies or a restriction of these rights or legal remedies and shall not release you from fulfilment.
A waiver on our part to a specific right or legal remedy shall not constitute a waiver of other rights or legal remedies arising from this Contract or these Terms and Conditions.
A waiver on our part in relation to your duties in accordance with this contract or these Terms and Conditions shall only become valid once you have explicitly been notified that it involves are waiver on our part and this notification takes place in written form, as specified above in the Notifications section.
25 SCOPE OF CONTRACT
These Terms and Conditions and all documents that are referred to in these shall constitute the entire Contract between you and us in relation to the contractual purpose and shall replace all previous agreements, arrangements or understandings between you and us, regardless of whether these are verbal or in written form.
You and we confirm that neither you nor we will call upon any declaration or arrangement upon conclusion of a Contract that was issued by the other party or can be derived from any details or documentation of the negotiations that took place between you and us prior to concluding the Contract, unless this is explicitly stated in these Terms and Conditions.
Neither you nor we are entitled to any legal remedy in relation to a misstatement that took place either verbally or in writing prior to the date of Contract conclusion (insofar as such a misstatement did not take place in a fraudulent manner). The only legal remedy of the other party is that legal remedy applicable for breach of Contract, as envisaged in these Terms and Conditions.
26 OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
We are authorised to revise and change these Terms and Conditions at any time.
For you, the provisions, Terms and Conditions and Data Protection Policy shall apply, which are in force at the time of using this website or placing an order, except if it is necessary to change these provisions, Terms and Conditions or Data Protection Policy by law or by order of an official governmental authority. In this case, any changes shall also apply to previously placed orders.
27 LAW AND JURISDICTION
The use of this website and all Contracts for the purchase of products through our website are subject to German law.
All dispute cases that arise from or in relation to the use of the website or these Contracts, are subject to the non-exclusive jurisdiction of the German courts.
If you conclude a Contract as a consumer, this clause shall not impair your statutory rights, as recognised in the valid applicable legal provisions.
The European Commission provides a platform for online dispute resolution (OS) ready, which you can find here https://ec.europa.eu/consumers/odr/. Consumer have the opportunity to use this platform to resolve their disputes use. To settle disputes from a contractual relationship with a Consumers or whether such a contractual relationship exists at all, we are in front of a to participate in dispute settlement procedures Consumer arbitration board committed. It is responsible Federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de
28 COMMENTS AND SUGGESTIONS
We are always pleased to receive your comments and suggestions. Please send all of your comments and suggestions to us via our web form.
Official claim forms are also available for consumers and customers. You can apply for these by using our web form.