Conditions

1. scope

2. contractor

3. conclusion of contract

4. right of withdrawal

5. prices and shipping costs

6. delivery

7. payment

8. retention of title

9. dispute resolution

 

Terms of Service

1. scope
   These general terms and conditions apply to all deliveries from golden alapca to consumers.
   A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

2. contractor
   The purchase contract is concluded with golden alpaca, owner: Johannes Gollner, Reichenbacher Str. 20
   94547 Iggensbach, supervisory authority: District Office Deggendorf, Herrenstraße 18, 94469 Deggendorf.

3. conclusion of contract

   1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.

   2. By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.

4. right of withdrawal

   1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

   2. If you, as a consumer, make use of your right of withdrawal according to Section 4.1, you have to bear the regular costs of the return.

   3. For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal
      
      Cancellation policy¹
      
      right of withdrawal
      
      You have the right to withdraw from this contract within 30 days without giving any reason.
      
      The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
      
      In order to exercise your right of withdrawal, you must send us [golden alpaca, Reichenbacher Str. 20, 94547 Iggensbach, +49 851 75 666 77 15, service@golden-alpaca.com] a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. You can electronically fill out and submit the model revocation form or any other clear statement on our website (insert Internet address). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.

   4. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
      
      Consequences of revocation
      
      If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 30 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
      
      You have the goods immediately and in any case no later than 30 days from the day on which you inform us of the cancellation of this contract, to us or to (here are the name and address of the person authorized by you to accept the goods insert) to be returned or handed over. The deadline is met if you send back the goods before the period of 30 days has expired.
      
      You bear the direct costs 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 revocation -

5. prices and shipping costs

   1. The prices stated on the product pages include statutory VAT and other price components.

   2. Shipping within Germany is free of charge.

   3. In addition to the stated prices, we charge a flat rate of EUR 5.90 per order for delivery within the EU and outside of Germany. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

6. Delivery​

   1. The delivery time depends on the availability. Any deviating delivery times are indicated on the respective product page.

7. Payment 

   1. Payment is made using the payment methods stored in the shop system.

8. retention of title
   The goods remain our property until full payment has been made.

9. dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link:http://ec.europa.eu/consumers/odr.  We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

 

Source: Online trade, guide to the legal framework of e-commerce, taking into account the new consumer law, by lawyer Dr. Carsten Föhlisch/Trusted Shops GmbH and attorney Dr. Christian Groß/DIHK German Chamber of Industry and Commerce, DIHK Verlag, 2nd edition 2018 (www.dihk-verlag.de)

Note: The pattern is published with the kind permission of the authors.