Terms of service
General Terms and Conditions
1. preliminary provisions
a) Scope of application: The following General Terms and Conditions (GTC) are an integral 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 orders are placed with us via the Internet (webshop).
b) Subsidiary agreements: Subsidiary agreements and deviating agreements require express agreement.
c) Deviating GTC: 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 in the knowledge that the contractual partner's terms and conditions conflict with or deviate from the following terms and conditions.
2 Conclusion of the contract
By sending an order, regardless of the means of communication, the customer submits a binding offer to conclude a purchase contract. The customer waives receipt of a declaration of acceptance. If we nevertheless confirm receipt of the customer's order, this does 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 when we expressly accept the customer's offer within 14 days in writing or in text form or send the ordered goods.
3. prices
The prices quoted by us include statutory VAT and other price components and do not include the respective shipping costs
4. payments and default
a) For payment of the purchase price, we offer payment in advance (bank transfer), invoice or PayPal/credit card.
b) Unless otherwise agreed, the purchase price is due for payment immediately upon conclusion of the purchase contract.
c) When selecting the payment method "delivery on invoice" is not available for all offers and all regions.
You can informally revoke this consent at any time by sending an e-mail to: info@d-light-full.de without giving reasons.
In the event of late payment, we work together with a debt collection service provider. If the invoice amount of the order has not been paid in full to one of our accounts despite a payment reminder and/or a reminder, we will hand over the claim to a debt collection service provider. Default of payment arises immediately after expiry of the period specified in the terms of payment, even if no payment reminder or reminder has been issued.
5 Offsetting
The customer is only entitled to set-off if his counterclaims have been legally established, are undisputed or have been recognised 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 shall remain our property until full payment has been made.
7 Cancellation
a) In the event that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that cannot be attributed primarily to his commercial or independent professional activity, there is a right of cancellation in accordance with the following provisions:
Cancellation policy, right of cancellation
Returns and right of cancellation for private customers:
You have the right to cancel this contract within 30 days without giving any reason. The cancellation period is 30 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 the right to cancel, you must inform D-light-Trade Ltd, Rm 6A, 7/F, Block B, Grand Industrial Building, 159-165 Wo Yi Hop Road, Kwai Chung, HONG KONG, E-Mail: info@d-light-full.de, of your decision to cancel this contract by a clear statement (e.g. an e-mail). You can use a sample cancellation form or inform us informally. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
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 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the costs of returning the goods. You shall only be 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.
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 defect occurring. If the notification is not made within the aforementioned period, the warranty rights shall lapse. This shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. Information, illustrations, drawings, technical data, descriptions of weight, dimensions and performance provided by us are for information purposes only and do not constitute warranties.
b) The limitation period for warranty claims for the delivery of new goods is two years, calculated from the transfer of risk. For used goods, the warranty period is one year, calculated from the transfer of risk. This does not apply to claims for damages due to defects. Section 9 shall apply to claims for damages due to a defect.
c) The customer shall not receive any guarantees from us in the legal sense.
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 for breach of cardinal obligations and compensation for damages caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault.
b) The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
c) Insofar as liability for damages that are not based on injury to the life, body or health of the customer is not excluded for slight negligence, such claims shall become time-barred within one year of the claim arising.
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 Gift promises
If we offer additional goods free of charge in the event of an order (gift), we have the right to replace the announced goods with equivalent items if they are not available.
11. final provisions
a) Should individual provisions of these terms and conditions be wholly or partially invalid or lose their legal validity at a later date, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision.
b) The contractual relationship between the seller and the customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
c) The 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), provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
Status: 01.07.2023