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GENERAL TERMS AND CONDITIONS WITH INFORMATION FOR CUSTOMERS

Index

  1. Scope of application
  2. Formation of contract
  3. Right of withdrawal
  4. Prices and payment conditions
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotional
  9. Vouchers
  10. Applicable law
  11. Jurisdiction
  12. Alternative dispute resolution
SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter “T&C”) of Arctic Fox Concept SL (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller in relation to the goods presented by the seller in its online store. The inclusion of any customer’s conditions is rejected, unless otherwise agreed.

1.2 For the purposes of these T&C, a consumer is any natural person who is acting for purposes which predominantly are outside his trade, business, craft, or profession. An entrepreneur is a natural or legal person or a partnership with legal personality who acts in exercise of his trade, business, craft, or profession when entering into a legal transaction.

FORMATION OF CONTRACT

2.1 Product descriptions in the seller’s online store do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer may submit the offer via the seller’s online order form. After placing the selected products in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer regarding the products in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days by sending the customer a written or text form order confirmation (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing the order. If several of the aforementioned alternatives occur, the contract is established at the moment when one of the mentioned alternatives first occurs. The period for acceptance of the offer begins the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When the customer chooses “PayPal Express” as the payment method, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the terms of use of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the method of payment within the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process.

2.5 Upon submitting an offer via the seller’s online order form, the contract’s text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax or letter) after the customer has submitted his order. The seller will not make the text of the contract additionally accessible. If the customer has set up a user account in the seller’s online store before submitting his order, the order data is archived on the seller’s website and can be retrieved free of charge by the customer via his password-protected user account by providing the relevant login data.

2.6 Before the binding submission of the order through the seller’s online order form, the customer may identify possible input errors by reading carefully the information displayed on the screen. An effective technical means for better identification of input errors may be the browser’s zoom function, with the aid of which the display on the screen is enlarged. The customer can correct his entries using the usual keyboard and mouse functions before clicking the button that concludes the ordering process.

2.7 Only the Spanish language is available for the conclusion of the contract.

2.8 The processing of the order and general contact usually take place via email and through automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned with order processing can be delivered.

RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.
3.2 The product has to be send back unused, in perfect conditions and undamaged and in the original packaging.

PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the seller’s product description, the indicated prices are total prices that include the legal sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller does not have to bear and which are the customer’s responsibility. These include, for example, costs of transferring money by credit institutions (e.g., transfer fees, exchange fees) or legal import duties or taxes (e.g., tariffs). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the customer in the seller’s online store.
4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the terms and conditions of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods is made by shipping to the delivery address indicated by the customer, unless otherwise agreed. During the transaction processing, the delivery address specified in the seller’s order processing is decisive.
5.2 If the transport of the goods fails for reasons attributable to the customer, the customer must bear the reasonable costs incurred by the seller. This does not apply with respect to the shipping costs if the customer effectively exercises his right of withdrawal. For the costs of return, if the customer effectively exercises his right of withdrawal, the regulation made in the seller’s withdrawal instructions applies.
5.3 Personal collection is not possible for logistic reasons.

RETENTION OF TITLE

If the seller makes an advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been fully paid.

LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the statutory warranty provisions apply.
7.2 The customer is asked to complain to the deliverer about the delivered goods with visible transport damages and to inform the seller about it. If the customer fails to comply with this, it has no consequences for his legal or contractual claims for defects.

REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers that the seller issues free of charge as part of promotions with a specific validity period and that the customer cannot purchase (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only within the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is derived from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent compensation is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. The seller will not reimburse the remaining balance.
8.7 If the value of the promotional voucher is not sufficient to cover the order, the customer can offset the difference using one of the other payment methods offered by the seller.
8.8 The balance of a promotional voucher will not be paid out in cash nor will interest be accrued.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for totally or partially with the promotional voucher within the framework of his legal right of withdrawal.
8.10 The promotional voucher is transferable. The seller may, but is not obliged to, check the substantive eligibility of the respective voucher holder.

APPLICABLE LAW

For all legal relationships of the parties, the law of Spain applies, excluding the laws about the international sale of movable goods. For consumers, this choice of law only applies to the extent that it does not remove the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence.

JURISDICTION

If the customer acts as a merchant, legal person of public law or special fund of public law with headquarters in the territory of Spain, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s business domicile. If the customer is domiciled outside the territory of Spain, the seller’s business domicile will be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the aforementioned cases, the seller always has the right to call the court at the customer’s headquarters.

ALTERNATIVE DISPUTE RESOLUTION

11.1 The European Commission provides a platform for online dispute resolution, available at: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchases or service contracts in which a consumer is involved.
11.2 The seller is not obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.

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