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AGB TERMS & CONDITIONS
1 General
2 Use
3 Contract
4 Returns / Warranty / Arbitration
5 Delivery
6 Payment
7 Retention of title
8 Guarantee
9 Liability
10 Amendment, selection of law, place of jurisdiction
11 Revocation rights for consumers
1 General
The offer of the online order shop active under the designation Deerland Tea entails goods and services. All sales, deliveries, and other services shall exclusively be according to the provisos of the present General Terms and Conditions of Business.
Deerland Tea processes your data within the handling of the order and in order to make the offer. Your data is guaranteed not to be forwarded to unauthorized third parties.
2 Use
Deerland Tea sells to natural or legal entities with unrestricted legal capacity for own consumption. Without approval from Deerland Tea, resale of the articles marked with the brand name shall not be permitted.
The data necessary for logging in or ordering such as name, address, and email address shall be stated completely and truthfully.
The prices on the date of the order shall apply. They shall be repeated in the online order confirmation. All prices shall be understood inclusive of Value Added Tax.
3 Contract
The purchase contract shall originate by written confirmation of the order by e-mail on the part of Deerland Tea. All the details of the purchase contract shall be stated in the order confirmation.
Sales shall be only in quantities customary for households. We reserve the right to cancel orders from obvious resellers. If a product is not available for reasons of force majeure, Deerland Tea shall reserve the right to withdraw from the purchase contract relative to said product. Delivery shall be while stocks last.
4 Returns / Warranty / Right of withdrawal / Arbitration
Customer shall have the possibility of returning the commodities without stating reasons within a period of 14 days of receipt of the commodities, for which returning of the commodities in good time shall suffice. This shall in particular apply to all tea products. As tea items are food products for which food safety laws count, they may only be returned if still sealed in their original container. Please consider the fact that only parcels with postage prepaid can be taken back; parcels without postage shall not be accepted. In the event of returns induced by a mistake by Deerland Tea, the costs of the return parcel shall be reimbursed to the customer.
Please comply with the following procedure for this:
1. Announcement to email: contact@deelandtea.com, if possible, with the reason stated.
2. Return goods to Deerland Tea (Recipient: Angie Chen), Tangstedter Landstraße 110, 22415 Hamburg, Germany
In any case, the return of the goods must be in packaging suitable for safe transportation and enclosing a copy of the invoice. Damage and delays to be put down to the failure to comply with these requirements shall be charged to the Customer.
Hidden defects which can only be discovered after the returns period shall be notified to us without delay after establishment. In the event of a justified notification of obvious defects within 4 weeks of delivery and of non-obvious defects within 6 months of delivery, there shall be free after-working or replacement delivery. If this is not possible, the customer can choose between a reduction of the purchase price and cancellation of the agreement.
The period of barring by limitation for statutory claims shall be 2 years.
Arbitration
As of February 15th, 2016, the EU Commission provides an internet platform (the so-called “OS platform”) for out-of-court settlements. The OS platform serves as the port of call for out-of-court dispute resolutions, concerning contractual obligations resulting from online purchase agreements. Consumers are therefore given the opportunity to solve disputes arising from an online order without judicial intervention. This platform of mediation may be addressed here: http://ec.europa.eu/consumers/odr/
5 Delivery
Deerland Tea shall supply the goods within the EU to the delivery address stated – if not expressly required to the contrary – against credit card payment, bank debit, PayPal, Cash on Delivery, payment in advance, or invoice (regular customer service). From an order value of 999 €, delivery within Germany shall be free of dispatch costs, shipping to other countries is according to the applicable fees that are regularly updated according to shipping rates of partner companies used. These can be seen when in checkout. For any further questions regarding shipping costs, please contact us directly before making an order.
All and any dispatch costs shall be stated on the order and the online confirmation. If a delivery – also as part of the gifts service – is not accepted or does not arrive due to a false delivery address on the part of the Customer, Deerland Tea can charge the dispatch costs incurred from a repeat service.
If the account or card data are stated incorrectly, Deerland Tea shall be allowed to debit the bank fees or the expenditure incurred subsequently.
In general, the commodities shall be dispatched within 3 weekdays following receipt of the order. The further duration of delivery shall be determined by the parcel delivery enterprise (e.g. Deutsche Post) and cannot be influenced by Deerland Tea, with the result that we can assume no guarantee for the duration of dispatch stated. In normal cases, the dispatch duration within Germany is 5 - 7 weekdays.
We dispatch within Germany. Dispatch to other countries shall be by agreement. All and any customs charges and costs of international payments shall be charged to the Customer and can be incurred subsequently, i.e. not stated on the order confirmation.
We shall inform you without delay of all and any delays in deliveries substantiated in the Deerland Tea enterprise.
Dispatch costs in Germany
From an order value of 999 €, we dispatch free of dispatch costs within Germany. For a lower order value, dispatch costs of 5 will be charged.
Dispatch duration
As a rule, your order leaves our studio within 3 weekdays after receipt of the order. For dispatch within Germany, delivery normally takes 5 - 7 days, within the EU 7 - 10 days, and to other European countries 10 - 15 days. We would request your understanding of the fact that delivery times are outside our sphere of influence.
Dispatch costs for international delivery
Dispatch costs for international delivery vary according to the choice of the shipping services. For further information, please contact us directly.
6 Payment
Payment through bank debit or PayPal
Deerland Tea shall debit the account by sending an amount request to the customer's bank account or PayPal account before the ordered items are sent to dispatch. Payment by bank debit is only possible from an account established with the EU.
When inputting a new customer address (also for gift consignments), repeat input of the payment data becomes necessary. This guarantees that an address is only changed by your express wish.
Payment by credit card
We accept Visa and MasterCard.
Factual debiting of your credit card is done automatically when the credit card is checked at the moment of ordering. When inputting a new customer address (also for gift consignments), repeat input of the payment data becomes necessary. This guarantees that an address is only changed by your express wish.
Payment by cash in advance
In payment by cash in advance, please only transfer the invoice amount stated. We dispatch the goods after receipt of your payment.
Payment on invoice
The invoice amount is due for payment before the date stated. In arrears in payment, the Customer shall be charged reminder fees and the invoice amount may be adjusted up to date.
7 Retention of Title
The commodities shall remain property of Deerland Tea until complete payment.
8 Guarantee
All tea items have been provided with an expiry date except tea items that are designed to be aged, until the expiry of which, Deerland Tea guarantees the quality of the goods. Deerland Tea gives 6 months warranty on all items. Guarantees from manufacturers of accessories exceeding this shall remain unaffected.
9 Liability
Deerland Tea shall only be liable for damage based on malice aforethought or gross negligence. In a breach of cardinal contractual duties, Deerland Tea shall be liable for any culpable conduct.
Deerland Tea shall assume no liability for the continuous availability of the Internet presence or for technical or electronic errors of the online offer.
Deerland Tea shall not be liable for damage caused by unauthorized parties shopping with the help of a user’s password. Deerland Tea shall likewise not be liable for damage incurred as a result of acceptance of parcels by third parties.
10 Amendment, selection of law, place of jurisdiction
Deerland Tea reserves the right to amend the present General Terms and Conditions of Business at any time without the statement of reasons. Such amendments shall not apply to orders already made. Placing orders shall implicate acceptance of the General Terms and Conditions of business valid at the time in question. Deerland Tea reserves the right to exclude customers from further participation as a result of a breach of the General Terms and Conditions of Business.
German law shall apply, ruling out UN-purchase law.
If the customer represents a business, Hamburg shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
If a provision of the present General Terms and Conditions of Business is ineffective, the remaining provisions shall be unaffected.
Date: January 2st, 2020
11 Revocation rights for consumers
Definition of a consumer
A consumer is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
– on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
– on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
In order to exercise your revocation right, you must inform us (Deerland Tea, Angie Yitsu Chen, Tangstedter Landstraße 110, 22415 Hamburg, Germany, Email: contact@deerlandtea.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke the contract, we shall repay all the payments, which we received from you, except the delivery costs, immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the ordered items are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 days deadline.
We bear the costs of returning the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
The revocation right is not available for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which is clearly tailored to the personal requirements of the consumer; for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly.
The revocation right expires prematurely in case of contracts
The revocation right expires prematurely for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition.