Terms and Conditions (GTC)

(1) For ordering goods in the online shop www.saint-clouds.com and for the business relationship between the operator of the online shop, Saint Clouds GmbH & Co.KG (hereinafter " supplier " or " operator ") and the customer (hereinafter " customer ” or “ Orderer ” or “ you ”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(3) These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

§ 2 Conclusion of contract

(1) The customer can select products from the range of the provider and collect them in a so-called shopping cart by clicking the "ADD TO CART" button. The information on goods and prices within the ordering process is subject to change and non-binding. Before sending the order, the customer will be informed of the following information about the ordering process in a clear, understandable and highlighted manner:

1. the products in the shopping cart including their essential characteristics,
2. the total price of the goods including all associated price components and all taxes paid via the provider, and
3. the delivery and shipping costs incurred as well as an indication of possible additional taxes or costs that are not paid via the provider or invoiced by him.

The customer can change and view the data required for shipping and payment at any time. The customer can change the contents of the shopping cart, the delivery address and the payment data at any time up to the end of the ordering process. Before completing the order, the customer receives a final overview of the data he has entered and the order, so that he can identify and correct any input or typing errors.
By clicking the "BUY" button, the customer makes a binding offer to purchase the goods in the shopping cart ( binding purchase offer ).
However, the order application can only be submitted and transmitted if the customer accepts the present General Terms and Conditions and the data protection regulations by ticking the boxes "Accept General Terms and Conditions" and "Accept data protection regulations" as a sign of his consent and thereby includes them in his order application Has.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application . Mail (shipping confirmation) confirmed ( offer acceptance ). Up to this point in time, the provider has the right, in particular, to refrain from delivering the goods offered if they are not available. A right to delivery of the ordered goods only arises once the offer has been accepted.

(3) As part of the ordering process, the customer must always provide their e-mail address in order to enable the conclusion of the contract. It is also possible to register in the online shop using an e-mail address and a password of your choice in order to make subsequent ordering processes easier and to be able to view the status of the current order at any time. The essential order information (contract content) for the respective orders is saved and can be viewed by the customer at any time under “My Account” in the sub-item “My Orders”. The customer may not pass on the password required for the order to third parties. In the event of a transfer, the customer is also responsible for orders from third parties. The customer is solely responsible for any orders with the password and the resulting claims.

§ 3 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day

1. on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered in one go;
2. on which you or a third party named by you who is not the carrier took possession of the last goods, if you ordered several goods as part of a single order and these are delivered separately;
3. on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last piece, if you ordered goods that are delivered in several partial consignments or pieces;

In order to exercise your right of withdrawal, you must inform Saint Clouds GmbH & Co.KG of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).

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.

Reasons for exclusion or expiration

The right of withdrawal does not apply to contracts:

1. 1. for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
   2. for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded
   3. for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if they have been opened and removed from the packaging (jar, glass, tissue paper).

Consequences of revocation

If you revoke this contract, we have to repay all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract.

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 must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen 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.

§ 4 Prices

All prices stated on the provider's website include the applicable statutory sales tax.

Unless otherwise agreed in writing, the purchase price is to be paid within 14 days of invoicing.

If the invoice amount to be paid in the case of a purchase on account is not credited to the account of Saint Clouds GmbH & Co.KG or Paypal in due time, the customer is automatically in default.

§ 5 Delivery, shipping costs

(1) The goods are shipped by post. For organizational reasons, it is not possible to collect the ordered goods on site.

(2) The corresponding shipping costs are indicated to the customer on the respective individual product pages and in the online order form during the ordering process and are to be borne by the customer.

(3) The provider only delivers within Germany, ie if both the delivery address and the billing address are within Germany. Deliveries are made from the supplier's distribution center to the delivery address specified when the order was placed. Delivery to PO Box addresses, post offices and the DHL Packstations of Deutsche Post is excluded. The provider bears the shipping risk if the customer is a consumer.

(4) The provider is entitled to make partial deliveries to the address given when the order was placed, insofar as this is reasonable for the customer based on a weighing of mutual interests. In the case of partial deliveries, the provider bears the resulting additional shipping costs. Partial deliveries are sent at the risk of the provider. With the receipt of each partial delivery, the risk for the delivered items is transferred to the customer. If the provider is in default with outstanding partial services or is not able to perform outstanding partial services, the customer is only entitled to withdraw from the contract as a whole or to demand compensation for non-fulfillment of the entire obligation if he is not interested in the partial delivery.

§6 Availability of goods

(1) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§7 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 8 Set-off, right of retention

(1) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the provider.

(2) The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

§ 9 Terms and conditions of payment

(1) Unless otherwise stated in the supplier's product description, the prices quoted are total prices that include statutory sales tax.

(2) The provider generally reserves the right to carry out a credit check.

(3) In principle, the following payment methods are offered:

1. With credit card (Mastercard and Visa)
2. By SEPA direct debit
3. Through the online payment service "PayPal (paypal.de)

(4) In the case of a purchase by credit card, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations of cancellation and cancellations or credit notes.

(5) When paying by direct debit, the invoice amount will be debited from your specified account 2 days after the invoice date.

(6) The PayPal payment method requires a PayPal account in which the payment must be approved. If necessary, PayPal carries out a credit check, for which the data entered for the delivery can also be used. Please refer to the PayPal terms and conditions for further details.

(7) Any costs of a money transaction are to be borne by the customer.

(8) If the selected payment method is saved in the user account by the customer, he can change this at any time.

(9) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

(10) Discount vouchers, promo codes, discount codes or other discounts (e.g. a voucher with a discount code, a newsletter bonus) can only be redeemed under the promotional conditions advertised in each case. Multiple discounts and discount vouchers cannot be combined.

With every order, the provider reserves the right not to offer certain payment methods and to refer to other payment methods.

§ 10 promotional vouchers

(1) Vouchers that are issued free of charge by the provider as part of advertising campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the online shop of the provider and only in the specified period .

(2) Individual products may be excluded from the promotion.

(3) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

(4) Promotional vouchers cannot be combined and can only be redeemed once per order.

(5) The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the provider.

(6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

(7) The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

(8) The promotional voucher will not be refunded if goods are returned in whole or in part.

(9) Please note that promotional vouchers may be linked to a minimum order value. If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your revocation - the total value of the order falls below or equals the value of the promotional voucher .

§ 11 Gift Vouchers

(1) Vouchers that can be purchased via the provider's online shop (hereinafter "gift vouchers") can only be redeemed in the provider's online shop, unless the voucher states otherwise.

(2) Gift vouchers and remaining credit on gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.

(3) Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

(4) If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

(5) The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

§ 12 Sweepstakes

(1) Sweepstakes can be carried out by the provider, also in cooperation with various partners (cooperation partners) who provide prizes for the sweepstakes (prize sponsor). The provider represents the cooperation partners during the implementation of the competition and promises the prizes donated by them solely on their behalf.

(2) Adults who are resident in Germany are eligible to participate.

(3) Saint Clouds employees and their families are excluded from participation.

(4) In the event of a breach of these conditions of participation, the provider reserves the right to exclude people from the competition. Anyone who provides untrue personal information can be excluded from the competition.

(5) The task for participation will be announced in the respective competition post. The corresponding competition starts with the publication of the article and ends on the date specified in the article.

(6) Cash payment or exchange of prizes is not possible.

(7) Legal recourse is excluded.

§ 13 Warranty for material defects, guarantee

(1) Product photos and product images on the website do not necessarily have to match the appearance of the delivered products. In the event of product range renewals by the manufacturer, there may be changes in the appearance and features of the products. Claims for defects do not exist insofar as the changes are reasonable for the customer.

(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

(3) The provider is liable for material defects according to the applicable statutory provisions. If the goods are defective, we will provide supplementary performance within a reasonable period of time, ie either a replacement delivery or the elimination of the defects. If the supplementary performance you have chosen is only possible with disproportionate expense, the provider is entitled to provide supplementary performance in another form.

(4) The expenses required for the supplementary performance are borne by the provider. If the supplementary performance is unsuccessful, the customer has the right to choose whether to cancel the purchase or reduce the purchase price.

(5) Defective goods are to be returned to the provider unless the customer has decided to reduce the purchase price.

(6) The necessary costs for the return in the event of a defect are to be borne by the provider.

(7) The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this.

(1) Applicable law: The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.

(2) Place of jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seat of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

Section 17 Alternative Dispute Resolution