Terms of service
General Terms and Conditions
As of:
1 Scope
The following General Terms and Conditions ("GTC") apply to orders placed via the web shop ("web shop") of DALUMA GmbH ("DALUMA") at the URL www.daluma.de. The version current at the time of the customer's order applies. DALUMA regrets that it cannot accept any provisions that deviate from these terms, unless they are confirmed by DALUMA in writing.
2 Conclusion of the Contract
2.1 The customer can place orders in DALUMA's web shop via the website www.daluma.de in accordance with these GTC.
2.2 The presentation of the products in the web shop does not constitute a legally binding offer, but a non-binding invitation to submit an offer. By clicking the "order with obligation to pay" button, the customer submits a binding order for the goods contained in the shopping cart. Before submitting the order, the customer can change the order and their data at any time. Confirmation of receipt of the order is sent by email immediately after the order has been submitted (order confirmation email) and does not yet constitute acceptance of the request. The contract is only concluded once DALUMA issues the declaration of acceptance, which is sent by separate email (order acceptance email).
2.3 The customer can download or print the text of these GTC from the website onto their computer. The text of the GTC is available only in German. The contract text is not stored by DALUMA.
3 Ordering Process
The customer can place the products displayed in the web shop into the shopping cart without obligation by clicking a button [Add to cart]. The products can be removed from the shopping cart by the customer at any time by clicking the button [Remove]. If the customer wishes to purchase the products in the shopping cart, they can click the button [Checkout]. The customer then has to enter certain data. The mandatory fields are marked with an *. Creating an account is not required. After entering their data and selecting the payment method, the customer reaches the order page via the button [Review order], where they can check their entries once more. By clicking the button [order with obligation to pay], the customer can complete the ordering process. The process can be cancelled at any time by closing the browser window.
4 Prices and Shipping Costs
4.1 The prices stated on the product pages are final prices and include the statutory value added tax and all other price components.
4.2 In addition to the stated product prices, shipping costs apply. Further details on the amount of the shipping costs can be found with the offers. The shipping costs are shown during the ordering process.
4.3 In the event of a withdrawal, the customer has to bear the direct costs of the return.
5 Deliveries and Availability of the Products
5.1 Unless other delivery times are stated in the web shop, the delivery time is approximately 4 to 6 working days. If the customer orders several products within a single order for which different delivery times apply, the goods are shipped in a single consignment, unless otherwise agreed. In this case, the delivery time that applies to the item of the order with the longest delivery time applies to the entire consignment.
5.2 If the products ordered by the customer are not available at the time of the order, DALUMA will inform the customer of this. If a product is permanently unavailable, DALUMA will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. Any purchase price already paid by the customer will then be refunded without undue delay.
5.3 Delivery takes place within the EU. So far, we only deliver juices within Germany and Austria.
6 Payment and Payment Methods
6.1 Payment of the purchase price is due immediately upon conclusion of the contract.
6.2 At the customer's choice, payments can be made by credit card (VISA, MasterCard, and American Express), Sofortüberweisung, or PayPal. DALUMA reserves the right to change the payment methods made available.
6.3 The customer agrees that invoices from DALUMA may be transmitted electronically.
7 Retention of Title
The delivered goods remain the property of DALUMA until the goods have been paid for in full.
8 Warranty
The customer is entitled to the statutory warranty rights.
9 Liability
9.1 DALUMA is liable without limitation for intent and gross negligence, but for slight negligence only in the event of a breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfilment is necessary to achieve the aim of the contract.
9.2 In the event of a slightly negligent breach of such an essential contractual obligation, liability is limited to the damage typical for the contract that DALUMA had to expect at the conclusion of the contract on the basis of the circumstances known at that time. Liability for a lack of economic success, lost profit, and indirect damage is excluded in this case.
9.3 The foregoing exclusions of liability do not apply in the event of injury to life, body, and health, nor in the event of liability under the Product Liability Act.
9.4 The foregoing limitations of liability apply accordingly also for the benefit of DALUMA's representatives, employees, and vicarious agents.
10 Right of Withdrawal
10.1 Right of Withdrawal
Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
DALUMA GmbH
Weinbergsweg 3
10119 Berlin, Germany
support@daluma.de
Tel.: + 49 (0)30 209 50255
www.daluma.de
of your decision to withdraw from this contract by means of a clear statement (for example, a letter sent by post, fax, or email). You may use the enclosed model withdrawal form for this purpose, although it is not mandatory. To comply with the withdrawal period, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is the earlier point in time.
You must send the goods back to us or hand them over to us without undue delay and in any case at the latest within fourteen days from the day on which you notify us of the withdrawal from this contract, to
To: DALUMA GmbH Weinbergsweg 3 10119 Berlin daluma.de I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only in the case of notification on paper) Date (*) Delete as appropriate. 10.3 Non-Existence of the Right of Withdrawal The right of withdrawal does not exist in the case of contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
