1. These General Terms and Conditions (hereinafter “GTC”) shall apply to all contracts for sale made via the Online Shop www.selected-by-julie.com (hereinafter “Online Shop”) between the company SELECTED BY JULIE Spielberger Jonasch, with its registered office in Schaan, Liechtenstein (hereinafter “Seller”), and the Seller’s customers.
2. The buyer can access the GTC at any time via the Online Shop. Prior to placing an order, the Buyer must confirm acceptance of these GTC by clicking on the appropriate on-screen button. The version of these GTC which is valid at the time the contract is entered into shall be valid. Any provisions that deviate from these GTC shall have no effect unless expressly agreed to in writing by the Seller.
3. The Seller’s offering is primarily aimed at consumers within the meaning of the Liechtenstein E-Commerce Act of April 16, 2003 (LR 215.211.7).
2. The Contract
2.1. The offers presented in the Online Shop do not constitute binding offers by the Seller. Before submitting a binding order, the Buyer can correct any input errors using the standard keyboard and mouse functions. Moreover, all entries are displayed again in a confirmation window, where they can also be corrected using the standard keyboard and mouse functions, before the binding order is submitted.
2.2. By ordering goods from the Online Shop or paying for them as provided for in Condition 4, the Buyer makes a binding offer to enter into a contract as set forth in these GTC. The Seller immediately confirms receipt of the order in writing to the e- mail address specified by the Buyer.
2.3. The contract for sale is not created until the Seller sends written acceptance of the order to the e-mail address specified by the Buyer or the goods ordered are shipped to the delivery address specified by the Buyer. The actual contract shall be saved by the Seller and sent to the Buyer together with said written acceptance.
2.4. Subject to a time limit of 14 (fourteen) working days after receiving the offer of contract, the Seller may reject said offer in writing to the e-mail address specified by the Buyer without having to state the reasons, in which case the Seller shall refund the purchase price paid by the Buyer. If the Buyer receives no notice in writing within the aforementioned deadline, the offer of contract shall be deemed to be rejected, unless the goods ordered have been shipped as provided for in Condition 2.3. The Seller is entitled, after giving the Buyer prior notice by e-mail, to limit the order to a quantity that is usual in commercial practice.
3.1. The price offered at the time of the order shall be binding. The price shall be inclusive of value added tax at the appropriate rate.
3.2. Any additional costs (e.g., shipping costs, packing costs, surcharges for specific payment methods) shall be listed separately and are payable by the Buyer. Any customs duties are likewise payable by the Buyer.
3.3. The prices on special offers shall apply solely to those specific goods and solely for the duration of said special offers.
4. Terms of payment
4.1. The Buyer may pay for orders by credit card, PayPal, or on receipt of invoice. The Buyer’s credit card or PayPal account will be debited at the time the order is placed.
4.2. Anyamountdueonreceiptofinvoicemustbepaidwithin14(fourteen)daysofthe invoice date. If that time limit is exceeded, the Buyer shall be deemed to be in default of payment. The Seller reserves the right to charge late payment fees within normal limits. The Seller also has the right to terminate the contract in the event of default.
4.3. Amounts payable by the Buyer may only be set off against counterclaims that are undisputed or have been established by a court of law. The Buyer may only assert a right of retention if the Buyer’s counterclaims are based on the same contractual relationship.
5. Delivery and Shipping Costs
5.1. Worldwide delivery is offered. The Seller reserves the right to suspend delivery at any time to individual countries or groups of countries and to terminate the corresponding contracts for sale. Invoicing and delivery addresses must be located in the same country for orders to be processed.
5.2. All delivery dates quoted in the Online Shop are estimated delivery dates only. Time is not of the essence. Delivery shall not be made until the Seller has received due payment, and is contingent on both available supply and the delivery destination. The Seller will only make deliveries when the requisite goods are in stock. If the Seller is temporarily unable to fill part of an order, the Seller reserves the right to make partial deliveries under terms and conditions deemed equitable to the Buyer. In such cases, any additional shipping costs shall be borne by the Seller.
5.3. The Buyer can view any shipping costs due in the shopping cart prior to confirming an order.
5.4. If delivery cannot be made due to circumstances for which the Buyer is responsible, the Buyer shall be liable for any additional shipping costs. This does not apply in the event of cancellation as provided for in Condition 10.
6. Passing of Risk
6.1. The risk of accidental damage or destruction to the goods ordered passes to the Buyer when possession of said goods is transferred to the postal service or courier service.
6.2. The goods shall likewise be deemed delivered if the Buyer fails to take delivery of them on the delivery date.
6.3. The Buyer undertakes to examine the goods promptly after receipt for damage, defects, short amounts, and non-conformity. Any damage to the goods delivered must be reported to the Seller no later than 5 (five) calendar days after the delivery date. Where a claim of defect or damage is made, the original packaging must be saved.
7. Retention of Title
7.1. The Seller shall retain ownership of the goods delivered until the purchase price has been paid in full. Until ownership of the goods has passed to the Buyer, the Buyer undertakes to handle the goods with all due care.
7.2. Until that time, said goods shall not be subject to pledge or security interests. Likewise, the Buyer shall immediately inform the Seller in writing of any attachment, seizure, or similar third-party property claim in respect of the goods.
7.3. If the Buyer is in breach of contract, particularly if the Buyer is in default of payment or has failed to satisfy its obligations under Conditions 7.1. and 7.2., the Seller shall be entitled to terminate the contract and demand restitution of the goods.
8.1. The warranty period shall be for two (2) years from the date of delivery to the Buyer.
8.2. In the event of a valid warranty claim, the Buyer may elect to have the defective goods repaired or replaced. However, the Seller shall be entitled to refuse such repair or replacement if it entails unreasonable costs and if the alternative remedy would entail no material disadvantage for the Buyer.
8.3. If the remedy provided under Condition 8.2 fails to repair non-negligible defects, the Buyer shall be entitled to demand a reduction in the purchase price or to terminate the contract.
9. Limitation of Liability
9.1. The Seller shall solely be liable to the Buyer for damages attributable to the Seller’s gross negligence or willful misconduct. The preceding shall not be deemed to disclaim liability specifically imposed on the Seller by statute or regulation, to the extent such liability cannot be waived or disclaimed, particularly liability for fully unforeseeable or atypical damages.
9.2. The exclusion or limitation of liability set forth in Condition 9.1 shall also apply to any claims against the Seller’s employees or representatives.
10. Right of Cancellation
10.1. The Buyer shall be entitled to cancel an order within fourteen (14) days of receipt of the goods and to terminate the contract without having to state the reasons. The Buyer must refrain from any action that could impair the value of the goods delivered. The Buyer shall notify the Seller of cancellation in writing to the e-mail address: email@example.com.
10.2. In the event of such cancellation, the Buyer shall return the goods to SELECTED BY JULIE SPIELBERGER JONASCH, REBERASTRASSE 38, 9494 SCHAAN/LIECHTENSTEIN. The goods shall be shipped at the Seller’s expense and risk, it being understood, however, that for any order with a value of up to forty (40) euros, the Buyer shall assume the standard return shipping cost unless the goods delivered were not the goods ordered. The return shipment must be made no later than seven (7) days after the Buyer has notified the Seller of cancellation.
11. Data Protection
11.1. The Buyer expressly consents to the collection, processing, and utilization of the Buyer’s personal data. The Buyer may at any time withdraw the consent granted, with effect for the future.
12.1. The Buyer may not assign any rights hereunder to third parties without the Seller’s prior written consent.
13. Written Form Requirement
13.1. All changes or amendments to this agreement, including these GTC, must be made in writing. This shall also apply to all changes to this written form requirement.
14.1. If one or more provisions in these GTC is or will be invalid or legally unenforceable in whole or in part, all other provisions or arrangements herein shall remain fully effective. By mutual agreement, the parties hereto shall undertake to replace any such wholly or partially invalid provision by a new provision that lawfully and most closely approximates the economic intent of such invalid or unenforceable provision.
15. Jurisdiction and Governing Law
15.1. The place of jurisdiction for any disputes that may arise from or in connection with the contractual relationship between the Seller and the Buyer shall be the Princely District Court (Fürstliche Landgericht) in Vaduz, Liechtenstein. The Seller shall also be entitled to take legal action against the Buyer in the competent court of the Buyer’s domicile or place of business.
15.2. This agreement shall be governed by and construed in accordance with the laws of Liechtenstein. The U.N. Convention on Contracts for the International Sale of Goods is expressly disclaimed.
15.3. This is without prejudice to the mandatory provisions of applicable consumer protection laws.
The original German-language document is the controlling version of this instrument. This English translation is provided for information purposes only. In the event of a dispute, the German-language version shall prevail.
Copyright 2018. SELECTED BY JULIE Spielberger Jonasch.