Terms of service

General Terms and Conditions

General Terms and Conditions of Sale Online Shop

§1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Marc Alexander Marques Rodrigues, Olpketalstraße 156a, 44229 Dortmund (sole trader)

E-mail address: boutiquaportuguesa@outlook.de

and you as our customer. The GTC apply irrespective of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.

(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

§2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the "buy" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after submitting the order; your right to revoke your order, if any, pursuant to § 3 shall remain unaffected.

(3) If the customer chooses payment in advance, the purchase contract shall be concluded, in deviation from the above provision, with the request for payment from Boutiqua Portuguesa. In the case of payment by credit card or PayPal, the purchase contract shall be concluded with the debiting of the customer's credit card or PayPal account, if this takes place before the dispatch of the products or an otherwise declared acceptance.

(4) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we shall refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

§3 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 independent 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 in accordance with clause 1, you shall bear the costs of the return shipment.

(3) In all other respects, the provisions set out in detail in the following

Revocation policy

Right of revocation

You have the right to revoke 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, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us [enter the name of the trader, address and, if available, telephone number, fax number and e-mail address] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website [insert internet address]. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us or to [insert here the name and address of the person authorised by you to receive the goods, if applicable] without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods. In this case, the sent products must be returned to us undamaged and unopened in the original packaging. We do not accept any product returns that have already been opened or damaged.

-End of the cancellation policy

§4 Terms of delivery

(1) We are entitled to make partial deliveries, insofar as this is reasonable for you.

(2) The delivery period within Germany is approximately five to seven (5-7) working days, unless otherwise agreed. It begins - subject to the provision in para. 3 - with the conclusion of the contract.

(3) We only ship and sell orders within Germany.

§5 Prices and shipping costs

(1) All price quotations in our online shop are gross prices including the statutory VAT and do not include any shipping costs.

(2) The shipping costs are stated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.

(3) If we fulfil your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we shall charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of any costs already paid for shipping to you (costs of sending) (cf. on other consequences of revocation § 3 para. 3).

§6 Terms of payment and set-off and right of retention

(1) The purchase price and shipping costs can be paid using the following payment methods:

Pre-payment: If you select the prepayment method, we will deliver the goods after receipt of payment.

PayPal: During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Credit card: In the case of payment by credit card, the purchase contract is concluded with the debiting of the customer's credit card after if these are paid before the products are dispatched or an otherwise declared acceptance takes place after the order is completed.

§7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§8 Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

§9 Warranty

Unless expressly agreed otherwise below, the statutory law on liability for defects applies.

When used goods are purchased by consumers, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a of the German Civil Code (BGB) shall remain unaffected.

To entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • in the context of a guarantee promise, insofar as agreed
  • insofar as the scope of application of the Product Liability Act is opened up.

Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online shop.

§10 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall be liable - unless otherwise regulated in para. 3, we shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§11 Copyrights

We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

§12 Applicable law and jurisdiction

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning 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 resolution procedure before a consumer arbitration board.

Language
DE
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