1. Scope of Validity
The following General Terms and Conditions regulate the legal relationships between PoppersKing.eu and customers who order goods through the Internet online shop. The Terms and Conditions of PoppersKing.eu as well as, restricted to the relevant scope of validity, the special and additional terms and conditions agreed to be integrated in the contractual relationship with the Orderer shall apply exclusively. The terms and conditions valid at the time of conclusion of contract shall be decisive for integration in the relevant contract. Any terms and conditions by the Orderer deviating from these shall not be valid. Consumers within the meaning of the following regulations shall be natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent occupation.
2. Offers, Prices and Conclusion of Contract
2.1 In order to make purchases through the online shop you must be of full legal capacity and at least 18 years old. Any offers placed by us shall be subject to these Terms and Conditions.
2.2 The list prices valid on the date of the order shall be binding for price quotation. All prices are quoted inclusive of VAT and exclusive of shipping costs. PoppersKing.eu reserves the right to make price adjustments.
2.3 The details on our website merely represent product and price information. After verification of your basket, entry of your personal details, selection of the shipping and payment method, you shall submit a binding offer to the Vendor (PoppersKing.eu) by clicking on the 'Buy' button. Our shop system shall confirm the receipt of your order automatically. However, this shall not result in a conclusion of contract. The contract shall not be concluded until the goods are shipped or a separate e-mail is sent, in which the processing or shipment of your ordered goods is confirmed.
3. Right of Revocation
- Start of the cancellation policy -
The cancellation right applies only to consumers within the meaning of § 13 BGB [Bürgerliches Gesetzbuch - Civil Code], for natural persons who enter into a business relationship with us that cannot be classified as a commercial or self-employed professional activity.
You have the right to cancel this contract within fourteen days without stating reasons. The cancellation period is fourteen days as of the day on which you or a third party named by you, other than the freight forwarder, took possession of the last goods.
To exercise your cancellation right, you must inform us about your decision to cancel this contract in a clear declaration (e.g. a letter sent by post or by e-mail).
The cancellation must be addressed to:
To be within the cancellation deadline, it is sufficient if you send the declaration of cancellation off before the expiry of the deadline.
Consequences of Cancellation
If you cancel this contract we shall be obliged to refund all payments that we have received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of a different mode of delivery than the cheapest standard delivery offered by us), forthwith and within fourteen days of the day on which we receive your declaration of cancellation of this contract.
We shall refund your payments using the same method of payment as used by you in the original transaction, unless specifically agreed otherwise with you; in no case shall any fees be charged to you for this refund. In the event of a return or cancellation by the consumer, the consumer shall bear the costs of return delivery himself. We may refuse to refund payments until we have either received return delivery of the goods or you have furnished proof that you sent the goods back to us, whichever event occurs first.
You must send the goods back to us promptly and in any case no later than within fourteen days from the day on which you inform us of your cancellation. The deadline is observed if you send the goods off before expiry of the fourteen-day deadline.
You will only be liable for any loss of value of the goods if such loss of value is due to handling on your part that is not necessary for you to inspect the condition, properties and functions of the goods.
Return deliveries sent freight collect cannot be accepted by our warehouse.
Exclusion of Cancellation Right:
The cancellation right does not apply to long-distance contracts for delivery of sealed goods that are not suitable for returning for health or hygienic reasons, if the seal was removed after the delivery, for the delivery of goods if they were inseparably commingled with other goods after delivery, and for the delivery of audio or video recordings or computer software.
- End of the Cancellation Policy -
The Orderer may select one of the following payment methods:
An order confirmation shall be sent by e-mail after verification of the order details.
- Cash-on-delivery (in Germany and Austria)
- Cash before delivery - delivery immediately after receipt of payment.
In the case of a reverse debit (reversal) for which you are responsible, we shall charge a processing fee in the amount of 10.00 euro. Naturally, you shall have the option at any time to prove that the fees were lower in individual cases. In such cases you shall only be obliged to pay the lower amount.
In the event of an unjustified refusal to accept the goods delivered by us in the case of cash-on-delivery shipments, we shall charge the costs incurred, however not less than 12.00 euro. Our right to fulfilment of the purchase contract shall remain unprejudiced. Naturally, you shall have the option at any time to prove that the fees were lower in individual cases. In such cases you shall only be obliged to pay the lower amount.
Deliveries shall be sent by mail or using parcel services. The ordered goods shall be delivered in stable, neutral packaging with discreet sender details. Deliveries shall generally be made after 48 hours. We reserve the right to cancel the contract in the case that the delivery is not made, not made in due time or made incorrectly due to the reason that we ourselves were not supplied in due time and/or incorrectly and are not responsible for lacking availability of the goods.
If you provide a Packstation as the delivery address, the goods shall be shipped automatically by German mail (DHL).
6. Vendor's Lien
The delivered goods shall remain our property until full payment is received.
7. Transfer of Risks
Insofar as you are a consumer, the risk of accidental loss or accidental deterioration of the sold object during shipment shall not transfer to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. If you are not a consumer, the delivery and shipment shall be at your risk.
8. Warranty Obligation/Return/Complaint/Exchange
8.1 Despite of all precautions, damages during transportation may occur in the delivery. In this case we shall of course refund the damaged articles to you free of charge. If you wish to return the goods, please inform us in advance by e-mail.
8.2 PoppersKing.eu shall accept defect liability for a period of two years; the restricted period for these defects shall commence as of the delivery of the goods. Warranty claims shall be restricted primarily to the remediation of defects in the form of a replacement of the goods. In the case that a remediation of defects fails, the Orderer shall be able to choose between a reduction of the purchase price and a cancellation of the purchase contract. Small customary and technically unavoidable deviations in quality as well as defects caused by improper treatment shall not constitute any claims for damages.
8.3 PoppersKing.eu shall not accept any guarantee for marketability or suitability of the goods offered for a specific purpose.
Any claims for damages and reimbursement of expenses by the customer, for whatever legal reason and in particular for the violation of duties under the contractual obligation and for actionable tort, shall be ruled out.
This shall apply, inasmuch as there is no peremptory liability, e.g. under the Product Liability Act, in cases of wilful intent, gross negligence, harm to life, body or health, or due to breach of major contractual obligations. The entitlement to damages for breach of major contractual obligations shall however be restricted to foreseeable damage typical of the contract, inasmuch as there is no liability on the grounds of wilful intent or gross negligence, or due to harm to life, body and health. The above regulations are not associated with a reversal of the burden of proof to the customer's disadvantage. The above provisions also apply to the benefit of our employees and vicarious agents.
The Vendor explicitly points out that all goods delivered must be used only as intended, and that any special instructions for use provided in the package insert must be observed in order to exclude any risk of harm to body and life. Any unauthorised modifications to the goods, namely to electrical items, can lead to an increased risk of harm to body and life.
The Vendor's products may only be used with the consent of the persons using them and must never be used against the will of any person. Items delivered by the Vendor must not be given to minors. All articles have been inspected carefully in terms of safety aspects; nonetheless use of the products is at the user's own peril. The Vendor accepts no responsibility whatsoever for any harm to body, health or otherwise that is caused by improper use.
8.5 Sex toys, lube gel, condoms and underwear cannot be exchanged for hygienic reasons.
8.6 DVDs cannot be exchanged for reasons of data law. Should a DVD, CD or video cassette be damaged, the Buyer can only exchange it for the same item.
9. Data Protection
PoppersKing.eu is obliged to handle the Orderer's personal details with strictest confidentiality in accordance with the Data Protection Act.
For more information about data protection, click on the menu item 'Privacy' in the online shop.
10. Exclusion of Liability for Third-party Links
The Vendor's website pages contain links to other sites on the Internet. The Vendor explicitly declares that he has no influence whatsoever on the design and content of the linked websites. Therefore the Vendor explicitly disassociates himself from the contents of all linked third-party websites and declares that their content is not his own content. This declaration applies to all the links on the website and to the contents of all pages to which these links point.
11. Governing Law/Written Form Agreement
These Terms and Conditions as well as the entire legal relationship between PoppersKing.eu and the Orderer shall be governed by law to the exclusion of the UN Convention on the Sale of Goods (CISG). The place of fulfilment for all services resulting from the business relationships with the Vendor and the venue shall be the seat of the Vendor. Any side agreements or amendments on conclusion of the contract must be made in writing.
12. Information on Online Dispute Resolution
The European Commission provides an Internet platform for online settlement of disputes (so-called. "ODR platform"). This ODR platform should act as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising, serving from online sales contracts. The ODR platform is accessible on the following link: http://ec.europa.eu/consumers/odr
13. Escape Clause
The validity of the remaining provisions shall not be prejudiced, should individual provisions of the contract be invalid or unenforceable. The invalid or unenforceable provision shall be replaced by the statutory provisions.
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