General terms and conditions
a) Scope of application: The following General Terms and Conditions (GTC) are part of all contracts with D-light-Trade Ltd, Rm 6A, 7/F, Block B, Grand Industrial Building, 159-165 Wo Yi Hop Road, Kwai Chung, HONG KONG where via the Internet (webshop) with us are abandoned.
b) Additional agreements: Additional agreements and deviating agreements require the express agreement.
c) Deviating AGB: Terms and conditions of the contractual partner that conflict with or deviate from the following provisions shall not apply. Our General Terms and Conditions shall also apply exclusively if we perform the service without reservation despite being aware of conflicting or deviating terms and conditions of the contractual partner.
2. Conclusion of the contract
By sending an order, regardless of the means of communication, the customer makes a binding offer to conclude a purchase contract. The customer waives the receipt of a declaration of acceptance. If we nevertheless confirm receipt of the customer's order, this shall not constitute acceptance of the contractual offer. The confirmation merely serves to inform the customer that we have received the order. The contract with us is concluded if we expressly accept the customer's offer within 14 days in writing or in text form or send the ordered goods.
The prices quoted by us in each case include the statutory value added tax and other price components and do not include the respective shipping costs.
4. Payments and default
a) For the payment of the purchase price we offer the payment by prepayment (bank transfer), invoice or PayPal/credit card.
b) As far as no deviating regulations exist, the purchase price is immediately due for payment with conclusion of the sales contract.
c) When selecting the payment methods "delivery on account" does not exist for all offers and all regions and is handled by DMS Fullfillment & more GmbH, you expressly agree with the passing on of the information required for the purpose of billing and asserting the claim to DMS Fullfillment & more GmbH. The agreement includes the possible obtaining of information and credit rating. For the decision within the scope of the application examination, identity and creditworthiness information from the following credit agencies can be included in addition to the DMS Fullfillment & more GmbH criteria:
- Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg, Tel.: +49 (0)40-89803-0, Fax: -777
- SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden, Phone: +49 (0)611-9278-0, Fax: -109
This consent shall also apply to future claims until revoked in writing. You have been informed that DMS Fullfillment & more GmbH will invoice you for the services and assert the invoice amount. If there should be different opinions about the authorization of the demand, the client may be heard in a possible argument as a witness. The claim is assigned to DMS Fullfillment & more GmbH, which is why a payment with debt-discharging effect is only possible on the following account: Hamburger Sparkasse AG: IBAN: DE79 2005 0550 1500 2856 79, BIC: HASPDEHH.
The customer shall only be entitled to offset if his counterclaims have been legally established, undisputed or acknowledged by us. He shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.
6. Retention of title
The delivered goods remain our property until full payment has been made.
a) In the event that the customer is a consumer within the meaning of § 13 BGB (German Civil Code), i.e. for the purpose of making a purchase, which predominantly cannot be attributed to either his commercial or his self-employed professional activity, a right of revocation exists in accordance with the following provisions: Cancellation Policy, Right of Withdrawal You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. To exercise your right of withdrawal, you must inform DMS Fullfillment & more GmbH - Bahnhofstr 48-50, 21605 Buxtehude, Tel: 0800 24 68 105, or by means of a clear statement (e.g. a letter sent by post) of your decision to withdraw from this contract. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period. You shall bear the direct costs of returning the goods. 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 testing their condition, properties and functionality.
Sample revocation form
If you want to cancel the contract, please fill out this form and send it back. To DMS Fullfillment & more GmbH - D-light-Trade LIMITED ,21605 Buxtehude, Bahnhofstr. 48-50, Tel: 0800 24 68 105 (freecall)
I/we (*) hereby cancel the contract concluded by me/us (*)
for the purchase of the following goods (*):
Ordered with (*)/received with (*) name of the consumer(s):
Address of the consumer(s):
Signature(s) of consumer(s) (paper only) Date (*)
Delete as appropriate.
End of the cancellation policy.
b) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery or to the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
c) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
d) Before returning goods, please send an e-mail to firstname.lastname@example.org to announce the return. You will then receive the current return address. In this way you enable us to allocate the products as quickly as possible.
e) Please note that the modalities mentioned in the preceding paragraphs c) and d) are not prerequisites for the effective exercise of the right of withdrawal.
8. liability for defects
a) In the event of a defect, we shall be liable in accordance with the statutory provisions insofar as no restrictions result from the following. The customer must report obvious defects in writing within two weeks of the occurrence of the defect. If the notification does not take place within the aforementioned period, the warranty rights expire. This shall not apply if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item. Information, illustrations, drawings, technical data, descriptions of weight, dimensions and performance made available by us are for information purposes only and do not constitute assurances.
b) The limitation period for claims based on defects in the delivery of new goods is two years, calculated from the transfer of risk. In the case of used goods, the warranty period is uniformly one year, calculated from the transfer of risk. This does not apply in the case of claims for damages due to defects. For claims for damages due to a defect § 9 applies.
c) The customer does not receive guarantees in the legal sense from us.
9. liability for damages
a) Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, body and health of the customer, claims due to the violation of cardinal obligations and compensation for damages caused by delay (§ 286 BGB). In this respect we are liable for every degree of fault.
b) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
c) Insofar as liability for damages not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the occurrence of the claim.
d) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
10. promise of a gift
As far as we offer an additional, free commodity for the case of the order (gift), we have the right to replace the announced commodity with equivalent articles with unavailability.
11. final provisions
a) Should individual provisions of these terms and conditions be wholly or partially invalid or lose their validity later, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid provision.
b) The contractual relations between the seller and the customer shall be governed by the laws of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
c) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, (Hong Kong) if the customer is a merchant, a legal entity under public law or a special fund under public law. Status: 15.01.2019