Standard Business Terms and customer information
I. General Terms and Conditions
§ 1 Basic Regulations
§ 2 Conclusion of the contract
§ 3 Contract Term / Termination of Subscription Contracts
§ 4 Individually designed goods
§ 5 Right of Retention, Retention of Title
§ 6 Warranty
§7 Redemption of vouchers
§ 8 Choice of law, place of performance, place of jurisdiction
§ 9 Parental Controls
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Quinta dos Passaros Sociedade Agr. LDA) via the website www.quinta-shopping.eu close.
Unless otherwise agreed upon, the inclusion, if necessary, of your conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.
(3) The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you
with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows::
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Postpay, Sofort, Credit Cart) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the "purchase" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that has been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within five days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one and that the receipt of the respective e-mails is guaranteed. In particular,
you have to ensure that the respective e-mails are not blocked by a SPAM filter.
(6) Right of withdrawal Consumers are in principle entitled to a right of withdrawal. For more information on the right of withdrawal, see the revocation policy.
§ 3 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract that has been concluded between you and us is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g. via e-mail) 3 weeks before the expiration of the contract (insofar as the particular offer is not associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than a year, the contract only gets extended by a period of one year.
(2) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 4 Individually designed goods
(1) You provide us with the information, texts or data required for the personalization of goods via the online ordering system or by e-mail immediately after the conclusion of the contract. All possible specifications that we can publish regarding file formats are to be considered.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have beensettled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights are applicable (If an insignificant defect justifies no claims for defects.)
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to the shipping company in writing and us. Even if you do not comply with this request, it shall have not your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description providedy the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt nless the circumstances prove otherwise, in particular due to the nature of the object and/ or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have willfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§7 Redemption of vouchers
a) Vouchers that are issued by the seller for a certain period of validity free of charge and that can be purchased by the customer or not for sale, can only be redeemed in the online shop of the seller and only in the specified period.
b) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the action voucher.
c) Vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
d) Only one voucher can be redeemed per order.
e) The value of the goods must be at least equal to the amount of the voucher. The seller will not refund any remaining balance.
f) If the value of the voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller can be selected to settle the difference.
g) The credit of a voucher is neither paid in cash nor interest.
h) The voucher will not be refunded if the customer returns the goods fully or partially paid for with the voucher as part of its legal right of revocation.
j) The voucher is transferable. The seller can make a liberating effect on the respective owner who redeems the voucher in the online shop of the seller. This does not apply if the seller has the knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
§ 8 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the
respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the
International Sale of Goods are explicitly inapplicable.
§ 9 Protection of minors
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that
only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing hat instead of the legally prescribed minimum age, the legal age must be reached.
II. Customer Information
1. Identity of the seller:
Quinta dos Passaros Sociedade Agr. LDA Sitio the cabecas 165T 8300-020 Silves Portugal Telephone: 00351 282 443 359 E-Mail: email@example.com
2. Information regarding the conclusion of the contract.
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance by the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language shall be German.
3.2. The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally- mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3. IYou will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1. We have complied with the buyer seal quality criteria of Händlerbund Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, available at: Buyer Seal Quality Criteria and Ecommerce Europe Trustmark Code of Conduct
5. Essential features of the product or service
The main features of the product and service can be found in the respective offer in the item description.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including IVA / TAX added tax acc. Portuguese law.
6.2. The shipping costs are not included in the purchase price. You have an appropriately labeled button:
Shipping Terms of the seller. can be called up on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you also, as far as the free shipping delivery is promised.
6.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. Delivery conditions
7.1. The shipping terms , the Terms of Delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if the specified delivery address is incorrect or incomplete and the place of delivery is not marked with your name.
And if you have independently commissioned a transport company not designated by the entrepreneur or someone else to carry out the shipment.
Are you are a businessman, the delivery and shipping take place at your risk.
8. Legal Liability, The Liability for Defects, is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
9. The term of Contract / Termination You will find information on the term of the contract as well as the termination conditions in the regulation "Term of Contract / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information see: haendlerbund.de/agb-service