Terms and Conditions
GENERAL TERMS AND CONDITIONS
§ 1 Scope and Definitions
1.1 These General Terms and Conditions ("Terms") apply to all contracts concluded through the online shop at www.etherealexist.com between the seller (ETHEREALEXIST) and its customers (consumers or entrepreneurs).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
1.4 Any conflicting or deviating terms and conditions of the customer shall not apply unless expressly agreed to by the seller.
§ 2 Conclusion of Contract
2.1 The subject-matter of the contract is the selling of products.
2.1.1 The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract. It constitutes an invitation to the customer to submit a binding offer.
2.2 The customer may place products in the shopping cart and review or correct the contents of the shopping cart and the information entered during the ordering process before submitting the order. After the entering of your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
2.2.1 If you use an instant payment system as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
2.3 By clicking the button that clearly indicates that the order entails an obligation to pay, the customer submits a legally binding offer to purchase the products contained in the shopping cart.
2.4 After the order has been submitted by the customer, the seller may accept the customer's offer within five days after receipt of the order by:
a) sending the customer an explicit order confirmation by e-mail;
b) dispatching the ordered goods and informing the customer thereof; or
c) requesting or initiating payment from the customer where the selected payment method provides for payment after acceptance of the order.
The contract is concluded at the time the first of these events occurs.
2.5 Where the selected payment method results in the payment process being initiated immediately upon submission of the order, the contract may be concluded at the time the payment transaction is initiated, depending on the specific payment method and checkout process.
2.6 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. The customer must ensure that the e-mail address provided during the ordering process is correct and that e-mails sent by the seller can be received. In particular, the customer is responsible for ensuring that automated e-mails are not prevented from being delivered by spam filters or similar systems.
§ 3 Prices and Payment
3.1 All prices displayed in the online shop are total prices and include applicable statutory taxes to the extent required by law.
3.2 Shipping costs are not included in the product price unless expressly stated otherwise. Any applicable shipping costs will be displayed separately during the ordering process before the customer submits the binding order.
3.2.1 For international orders, the final amount and any taxes charged by the seller may depend on the delivery destination and will be displayed during checkout before the customer submits the binding order.
3.3 The payment methods available for a particular order are displayed in the online shop and during checkout.
3.4 Unless otherwise stated for the selected payment method, payment is due immediately upon conclusion of the contract.
3.5 Where payment is processed through a third-party payment service provider, the terms and conditions of the respective payment service provider may additionally apply to the payment transaction.
§ 4 Delivery and Shipping
4.1 Delivery is made to the delivery address provided by the customer during the ordering process, unless otherwise agreed.
4.2 Available delivery destinations, shipping methods, shipping costs, estimated delivery times and any delivery restrictions are displayed in the online shop or during checkout.
4.3 Delivery times stated in the online shop are subject to any more specific information provided for the respective product or shipping destination.
4.3.1 Different delivery times may apply to pre-order products. Pre-order products may not be in stock at the time the order is placed and may be manufactured or procured after the order has been confirmed. The applicable estimated delivery or dispatch time will be stated in the respective product description.
4.4 If delivery cannot be completed because the customer has provided an incorrect or incomplete delivery address, additional costs incurred as a direct result of a renewed delivery attempt may be charged to the customer to the extent permitted by law, provided that the seller is not responsible for the failed delivery.
4.5 If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are delivered to the customer or to a third party designated by the customer who is not the carrier.
This does not apply where the customer independently commissions a carrier not previously offered or designated by the seller.
4.6 For customers acting as entrepreneurs, the risk of accidental loss or accidental deterioration passes to the customer when the goods are handed over to the carrier, freight forwarder or other person or institution responsible for carrying out the shipment.
§ 5 International Deliveries, Customs Duties and Import Charges
5.1 For deliveries to destinations outside the customs territory applicable to the seller, the shipment may be subject to customs clearance, import duties, import taxes, customs processing fees or other charges imposed by the destination country or its authorities.
5.2 Unless expressly stated otherwise during checkout or for the respective shipping method, all additional costs arising in connection with customs clearance or importation, including customs duties, import taxes and customs processing charges, shall be borne by the customer.
5.3 Such charges are generally not included in the product price or shipping costs charged by the seller unless expressly indicated otherwise before the order is submitted.
5.4 The customer is responsible for complying with applicable import regulations of the destination country insofar as such obligations legally fall upon the recipient or importer.
5.5 Delays caused solely by customs clearance or procedures of competent authorities may affect the actual delivery date. The seller's statutory obligations and the customer's statutory rights remain unaffected.
§ 6 Retention of Title
6.1 The goods remain the property of the seller until the purchase price has been paid in full.
6.2 For customers acting as entrepreneurs, any further retention-of-title arrangements shall apply only where separately agreed.
§ 7 Right of Retention
The customer may exercise a right of retention only insofar as the counterclaim arises from the same contractual relationship. Mandatory statutory rights remain unaffected.
§ 8 Warranty and Defects
8.1 The statutory rights relating to defects apply.
8.2 Consumers are requested to inspect the goods upon delivery for completeness, obvious defects and transport damage and to inform the seller of any complaints as soon as reasonably possible.
Failure to do so does not affect the consumer's statutory warranty rights.
8.3 Where a product characteristic deviates from the objective requirements applicable to the goods, such deviation shall only be considered agreed with a consumer if the consumer was specifically informed of the deviation before submitting the contractual declaration and the deviation was expressly and separately agreed between the parties where required by law.
8.4 Product images may differ slightly from the actual appearance of the goods, particularly due to individual screen settings, lighting or photographic representation. This does not affect the customer's statutory rights where the delivered product does not conform to the agreed or legally required characteristics.
§ 9 Liability
9.1 The seller shall be liable without limitation for damage caused intentionally or through gross negligence.
9.2 The seller shall also be liable without limitation for damage resulting from injury to life, body or health caused intentionally or negligently by the seller, its legal representatives or agents.
9.3 The seller shall also be liable in accordance with mandatory statutory provisions, in particular under applicable product liability law.
9.4 In cases of slight negligence involving the breach of an essential contractual obligation, the seller shall be liable only for damage that was foreseeable and typical for the contract. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may ordinarily rely.
9.5 Any further liability for damage caused by slight negligence is excluded to the extent permitted by law.
9.6 The above limitations of liability also apply to the seller's legal representatives, employees and agents where claims are asserted directly against them.
§ 10 Force Majeure and Events Beyond Reasonable Control
10.1 The seller shall not be responsible for delays in performance caused by events beyond the seller's reasonable control, provided that the seller is not legally responsible for the relevant event.
Such events may include, in particular, natural disasters, war, governmental measures, strikes affecting third parties, serious disruptions to transportation networks or other comparable circumstances beyond the seller's reasonable control.
10.2 Mandatory statutory rights of the customer, including rights arising from non-performance or delayed performance where applicable, remain unaffected.
§ 11 Applicable Law
11.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 If the customer is a consumer and has their habitual residence in a country other than Germany, this choice of law shall not deprive the customer of the protection afforded by mandatory provisions of the law that would apply without this choice of law.
§ 12 Contract Language
12.1 The contract may be concluded in German or English, depending on the language selected by the customer in the online shop.
12.2 If the online shop provides contractual information in additional languages, the version designated by the seller as the contractual version shall apply, subject to mandatory statutory consumer protection provisions.
§ 13 Storage of Contract Information
13.1 Before submitting the order, the customer can review the order information and correct input errors using the technical means provided in the checkout process.
13.2 The applicable Terms can be accessed and saved electronically by the customer before conclusion of the contract.
13.3 After the order has been submitted, the customer receives information relating to the order electronically. The extent to which the complete contract text remains accessible to the customer after conclusion of the contract depends on the functionality made available through the online shop and any customer account.
Mandatory statutory requirements concerning the provision and storage of contractual information remain unaffected.
§ 14 Final Provisions
14.1 Mandatory statutory consumer rights remain unaffected by these Terms.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the seller's place of business shall be the exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship, to the extent legally permissible.
14.3 The invalidity or unenforceability of an individual provision of these Terms shall not affect the validity of the remaining provisions. The applicable statutory provisions shall apply in place of an invalid or unenforceable provision.