GENERAL TERMS AND CONDITIONS WITH INFORMATION FOR CUSTOMERS
- Scope of applicability
- Offerings and description of services
- Ordering procedure and conclusion of contract
- Prices and shipping fees
- Delivery and availability of goods
- Methods of payment
- Retention of title
- Guarantee and material defect warranty
- Saving of the contractual text
- Data protection
- Place of jurisdiction, applicable law, language of contra
1. Scope of applicability
1.1. The following general terms and conditions apply exclusively in the version valid at the point of the order to the business relationship between Le Gemstone, Thanh Le Private Enterprise, No. 44, Street 19, Tan Dinh, Tan Thong Hoi, Cu Chi, HCMC, 70000, Vietnam (This address is a postal address. No warehouse, salesrooms or customer services exist at this address), (hereinafter “seller”) and the customer.
1.2. Customer services for questions, claims and complaints is available via e-mail at email@example.com.
1.3. The user within the meaning of these general terms and conditions is every natural person who concludes a legal transaction for a purpose which cannot substantially be attributed to his/her commercial or independent professional activities.
1.4. Deviating terms and conditions of the customer will not apply unless the seller expressly agrees to their validity.
2. Offerings and description of services
2.1. The representation of products in the online shop does not represent a legally binding offer but rather an invitation to place an order. Descriptions of performance in catalogs or on the website of the seller do not represent a guarantee or warranty.
2.2. All offerings are only available “as long as stocks last” unless otherwise noted in the product description. No liability is accepted for errors.
3. Ordering procedure and conclusion of contract
3.1. The customer can select items from the seller’s range of products without commitment and collect these together in a so-called shopping basket via the “Cart” button. The customer can then advance to the conclusion of the ordering process from within the shopping basket via the “Continue to check-out” button.
3.2. The customer submits a binding request to purchase the goods contained in the shopping basket by clicking on the “Order now” button. Before submitting the order, the customer can amend the view the data at any time. Mandatory information is marked with an asterisk (*).
3.3. The seller subsequently send 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 via the “Print” function (confirmation of order). The automatic confirmation of receipt serves only to document that the customer’s order has been received by the seller and does not represent acceptance of the order. The purchase contract first comes into existence when the seller sends or transfers the ordered products to the customer within 10 days or confirms shipment to the customer within 10 days by means of a second e-mail, the express confirmation of the order, or the sending of an invoice.
3.4. If the seller allows advance payment, the contract comes into existence upon provision of banking data and request for payment. If the payment has not been made by the tenth calendar day after confirmation of the order has been sent by the seller, despite being due and despite repeated request for payment, the seller shall withdraw from the contract with the result that the order is void and the seller is not under obligation to deliver. The order is then considered to be finished with no further consequences for both the seller and the purchaser. Thus, reservation of an article in the case of advance payment is for 10 calendar days at the most.
4. Prices and shipping fees
4.1. All prices listed on the website of the seller include the currently applicable statutory VAT.
4.2. The seller charges shipping fees in addition to the prices listed. The shipping fees will be disclosed clearly to the buyer on a separate information page and as part of the ordering process.
4.3. In case of revocation the customer bear the costs of the return of the goods.
5. Delivery and availability of goods
5.1. If payment in advance is agreed, the goods will be delivered after the invoice has been paid.
5.2. If the goods cannot be delivered despite three attempts, which failed due to the fault of the buyer, the seller is entitled to withdraw from the contract. Any payments made by the customer shall be refunded without delay.
5.3. If the ordered product is not available because the seller does not receive delivery of the product from his supplier due to no fault on the part of the seller, the seller may withdraw from the contract. In this case, the seller shall inform the buyer without delay and shall suggest the delivery of a comparable product. If no comparable product is available or if the customer does not want the delivery of a comparable product, the seller shall refund any payments already made by the customer without delay.
5.4. Customers will be informed of delivery times and shipping restrictions (e.g. the restriction of shipping to certain countries) on a separate information page or within the respective product descriptions.
6. Methods of payment
6.1. The customer can choose between the available methods of payment listed within and before the conclusion of the ordering process. Customers will be informed of the available methods of payment on a separate information page.
6.2. If payment upon invoice is possible, payment must be made within 30 days of receiving the goods and invoice. In the case of all other methods of payment, payment must be made in advance without deductions.
6.3. If third-party service providers are commissioned with the processing of the payment (e.g. PayPal), their general terms and conditions apply.
6.4. If the due date of the payment is determined by calendar date, the customer falls into payment arrears if he/she fails to meet this deadline. In this case, the customer must pay the statutory default interest.
6.5. The obligation of the customer to be default interest does not exclude the assertion of claims by the seller for other default damages.
6.6. The customer is only entitled to offset if his counter-claims have been judicially determined or are recognized by the seller. The customer may only exercise the right to retention insofar as the claims arise from the same contractual relationship.
7. Retention of title
Until payment has been made in full, the delivered goods remain the property of the seller.
8. Guarantee and material defect warranty
8.1. The guarantee shall be determined by the statutory provisions.
8.2. A guarantee shall exist for the goods supplied by the seller only if this is explicitly provided. Customers will be informed about the conditions of guarantee before beginning the ordering process.
9.1. For liability of the seller for compensation for damages, the following exclusions and limitations of liability apply without prejudice to other statutory prerequisites for claims:
9.1.1. The seller shall be liable without limitation when the cause of the damages is based on intent or gross negligence.
9.1.2. The seller is also liable for negligent breach of essential duties, the violation of which endangers the purpose of the contract, or for the breach of duties whose performance enables the proper completion of the contract in the first place and on whose compliance the customer can normally rely upon. In this case, however, the seller is not liable for damage that is foreseeable and typical for the type of contract. The seller is not liable for the negligent breach of duties other than those referred to in the preceding sentences.
9.2. The limitations of liability specified above do not apply in the case of injury to life, body, and health, for defects after assumption of a guarantee for a quality of the product, and in the case of fraudulently concealed defects. Liability in accordance with the Product Liability Act remains unaffected.
9.3. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Saving of the contractual text
10.1. The customer can print out the contractual text before submitting the order to the seller by using the print function of his/her browser in the last step of the ordering process.
10.2. In addition, the seller shall send a confirmation of the order with all order details to the e-mail address supplied by the customer. Together with the order confirmation, the customer will receive a copy of the general terms and conditions along with the instructions for cancellation and information on shipping charges, and shipping and payment conditions. If the customer has registered in the shop, he/she will be able to view the orders made in the profile section. Further, we save the text of the contract but do not make this accessible over the internet.
11. Data protection
11.1. The seller processes personal data of the customer for the intended purpose and according to statutory provisions.
11.2. Personal data provided for the purposes of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the purposes of fulfilling and completing the contract. This data is handled confidentially and is not passed to any third-parties who are unconnected with the ordering, shipping, and payment processes.
11.3. The customer is entitled to receive information on the personal data stored about her/him by the seller, upon request and free of charge. In addition, he/she is entitled to correct inaccurate data, or to block or delete his/her personal data, as long as there is no statutory requirement to preserve it.
11.4. Further information on the type, place, and purpose of collection, processing, and use of the required personal data by the seller can be found in the data protection declaration.
12. Place of jurisdiction, applicable law, language of contract
12.1. Place of jurisdiction and place of performance is the business headquarters of the seller, if the customer is a merchant, or a legal entity under public law or public-law special fund.