Terms and Conditions
Terms and Conditions
Dear Customer,
These General Terms and Conditions govern the sale of our goods to you as the end consumer. By placing an order, you agree to these terms and conditions. Please read the regulations carefully before placing an order. The General Terms and Conditions can be accessed, saved, and printed at any time on our website www.shop.arcaya.de.
We wish you a lot of fun shopping and with our products!
Your arcaya Team
§ 1 Scope
1. You may only shop in our online store if you are at least 18 years old.
2. Our offer on this website is exclusively aimed at consumers. If you wish to purchase our products in the exercise of a commercial or independent professional activity, i.e., as an entrepreneur within the meaning of § 14 BGB (German Civil Code), please contact us directly first. You may be able to obtain access to our specialist dealer shop and purchase goods under the conditions there.
§ 2 Registration
1. Registration offers numerous advantages: faster payment when shopping, viewing the status of current orders and order history, etc. However, registration is not mandatory for purchase (order as a guest).
2. If you would like to register, please proceed as follows:
Click on the "Login" tab and then the "Create user account" button to access the registration area. There, you only need to provide your name and an email address. You will then receive a registration confirmation by email, which also contains your access data. With this access data, you can log into our shop via the "Login" or "My User Account" tab.
3. You must keep your password secret and secure access to your account carefully. You must inform us immediately if you have any indications of misuse of your access.
§ 3 Order Process / Conclusion of Contract
1. To order, you first select a product. There you can see the selling price, the item description, and other information (availability, delivery time, etc.). After you have decided on a product, select the desired quantity. Then click on the "Add to cart" button.
2. You can then add more products and also "add" them to the shopping cart. You can click on the shopping cart icon at any time. From there, another click "To cart" will take you to your shopping cart, where you can view your selection and make changes. You also have the option to enter a discount code, if we offer one.
3. Once your shopping cart is complete, you can initiate the order by clicking the "Proceed to checkout" button.
There you have the option to register as a customer, i.e., create a user account, or log in as an already registered customer with your email address and password. Alternatively, you can skip registration and order as a "guest."
4. On the following pages (after each click of the "Continue" button), please enter your billing and (if different) shipping address and your contact details (name, address, email address, phone number) and select the desired shipping method and payment method.
5. By clicking the "Continue" button again, you will reach the order summary (highlighted with a black border). Here you can once again see the items, price, quantity, shipping method, and shipping costs. A further summary can always be found on the right side under "Your order progress."
6. Please check your details carefully again. You can change them or correct errors, if necessary, via the respective "Edit" button. Before you can complete the order, please confirm by clicking on the two corresponding boxes that you have read our General Terms and Conditions and the cancellation policy and expressly agree to the inclusion of the General Terms and Conditions.
7. The representations on the website do not constitute offers from us. You submit a binding purchase offer to us when you click the "Order with obligation to pay" button at the end of the ordering process.
8. After placing your order, you will immediately receive an order confirmation by email, which will again contain the details of the order.
9. Conclusion of contract: We accept your purchase offer either by sending a shipping confirmation (usually by email), by delivering the goods, or by an explicit declaration. Before that, you can cancel your order at any time, and we can reject your offer.
10. The acceptance of the offer and thus the conclusion of the purchase contract are subject to the condition that you have placed the order in accordance with the conditions of our website. For example, no contract for the delivery of more than the two free samples provided on the website is concluded, even if you have ordered a larger number of free samples. This also applies if we have confirmed the order (automatically) by sending a shipping confirmation or delivering the goods.
§ 4 Payment / Delivery / Invoice / Retention of Title
1. Shipping will take place (except for payment by cash on delivery, if we accept this payment method) as soon as we have received payment as an advance payment by bank transfer. Please note that the information on availability and delivery time is given to the best of our knowledge but cannot be bindingly guaranteed. We also ask for your understanding that we, as consumers, only believe in household quantities.
If payment is not made within four weeks, we are entitled to cancel your order, i.e., to definitively reject your offer to conclude the purchase contract.
2. We may offer you further payment options. However, we are not obliged to offer them and can also refer the customer to a specific payment method. The payment methods available to you will be displayed during the order process.
3. Advance payments within the meaning of § 4 No. 1 also include payments via SOFORT transfer, PayPal, and Giropay, provided that these payment methods are accepted by us. For credit card payments, shipping takes place as soon as the payment amount is reserved for us on the credit card account.
4. You can only offset counterclaims if these claims have been legally established or are not disputed by us. Counterclaims from the same contractual relationship are accepted from this offsetting prohibition. You are only entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
5. You agree to receive invoices electronically by email in PDF (Portable Document Format) format. You will receive the invoice with VAT together with the shipping confirmation.
6. The goods remain our property until full payment.
§ 5 Right of Withdrawal
As a consumer, you have the following right of withdrawal:
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from 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 designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (arcaya GmbH, Elsässer Str. 40, Lübeck 23564, telephone number +49 45162068400, email address info@arcaya.de) by means of a clear statement (e.g., a letter sent by post, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
We will bear the cost 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.
Exceptions to the Right of Withdrawal
The right of withdrawal expires for contracts for the supply of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or if they have been inseparably mixed with other goods after delivery due to their nature.
END OF INSTRUCTIONS ON WITHDRAWAL
Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To:
arcaya GmbH, Elsässer Str. 40 Lübeck 23564
Telephone number: +49 45162068400,
Email address: info@arcaya.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: …………………………………………….
Ordered on (……..*)/received on (………..*):
Name of consumer(s): …………………………………………….
Address of consumer(s): ………………………………………..
Signature of consumer(s) (only for communication on paper)
Date:
(*) Delete as appropriate.
§ 6 Claims for Defects
If the goods you have purchased are defective, you are entitled to the statutory claims for defects without restriction.
§ 7 Liability
We are liable for breaches of essential contractual obligations caused by us or our vicarious agents. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you, as the contractor, can regularly rely. In all other respects, we are only liable insofar as we or our vicarious agents are guilty of intent or gross negligence.
Insofar as we are liable for slight negligence, liability for such subsequently occurring damages that were reasonably foreseeable to us at the time of the conclusion of the contract is limited.
Liability for delay, for claims under the Product Liability Act, producer liability, and mandatory statutory provisions remains unaffected by the foregoing limitations of liability. Furthermore, we are liable without limitation for damages resulting from injury to life, body, or health.
Insofar as our liability is excluded or limited, this also applies in favor of our representatives, executive employees, and vicarious agents.
§ 8 Dispute Resolution Procedure
We do not participate in dispute resolution procedures before a consumer arbitration board.
§ 9 Miscellaneous
1. Our contractual relationship is exclusively governed by German law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The contract is concluded in German.
3. We do not store any contract text, but exclusively the pure order data. You will receive this together with the order confirmation by email.