Terms of service

GENERAL TERMS AND CONDITIONS 

Status: 18.07.2024

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of the

L'ERMITE OÜ

Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia

Phone: +383 437 584 87
E-mail: info@l-ermite.com

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the latter's goods and services. The inclusion of the Customer's own terms and conditions is hereby objected to.

A consumer is any natural person who enters into a transaction that is not part of the operation of his business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form. 

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's web store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the order form integrated into the Seller's web store. In doing so, after configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with respect to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. After receipt of his order, the customer will receive a separate, automated confirmation of receipt of his order(s). Such confirmation does not yet constitute an acceptance of the offer. 

2.3 The Seller may accept the Customer's offer within three business days,

• by sending the customer a written order confirmation or an order confirmation in text form (e.g. e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
• by requesting the customer to pay after placing his order.

If both are present, the contract is concluded at the earlier time. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the third working day, which follows the sending of the offer. If the Seller does not accept the Customer's offer within the above period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer's order has been sent. 

If the customer has set up a user account in the seller's web store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data. 

2.5 The English language is available for the conclusion of the contract.

2.6 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance contract. For more details, please refer to the withdrawal policy.

A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using only means of distance communication (email, internet, telephone) up to and including the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product and service description, the prices quoted are total prices that include the statutory VAT, but not the shipping costs. By entering the recipient's address in the ordering process, the applicable shipping costs are calculated.

The payment methods accepted by the Seller are listed on the subpage under "Payment methods". There the customer will find all details about the associated payment terms and any fees.

The transport service providers used by the Seller are listed on the subpage under "Shipping".

5) Retention of title

 

5.1 With respect to its customers, whether consumers or entrepreneurs, the Seller shall retain title to the goods provided until the purchase price owed has been paid in full. 

6) Delivery and shipping conditions 

6.1 We sell and deliver to all customers with a residence or registered office in Albania, Algeria, Andorra, Argentina, Armenia, Azerbaijan, Australia, Austria, Bahrain, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Chile, Costa Rica, Croatia, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Iceland, Ireland, Israel, Italy, United Kingdom, Japan, Jordan, Colombia, South Korea, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Morocco, Mexico, Moldova, Monaco, Montenegro, New Zealand, Netherlands, Norway, Austria, Peru, Philippines, Poland, Portugal, Romania, San Marino, Saudi Arabia, Sweden, Switzerland, Serbia, Singapore, Slovakia, Slovenia, Spain, Czech Republic, Tunisia, Turkey, Hungary, Uruguay, Venezuela, United Arab Emirates, Cyprus.

6.2 The delivery of goods shall be made by shipping to the delivery address specified by the customer.

6.3 If the Customer is acting as an entrepreneur, the risk of loss of or damage to the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice proposed by the entrepreneur, the risk shall pass as soon as the goods are handed over to the carrier.

6.4 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller has given him reasonable prior notice of the service, unless the customer, as a consumer, justifiably declares his withdrawal.

6.5 If a delay in delivery occurs due to force majeure (e.g. pandemic, strike, bad weather, catastrophes, war, etc.), the delivery period shall be extended by the duration of the delay caused thereby. Any claims for damages resulting therefrom shall be excluded. In the case of customers who are entrepreneurs, this shall also apply if the delay in delivery occurs for other reasons attributable to the suppliers. The legal right of the customer to withdraw from the contract by granting a reasonable grace period shall remain unaffected in any case.

7) Warranty/Liability

7.1 The provisions of the statutory warranty shall apply. 

The Seller shall be liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply insofar as the consumer, when concluding the contract, expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics, which he does by his order after being specifically informed of this deviation in the product description.

.

If the customer acts as an entrepreneur, the following also applies:

• In principle, an insignificant defect does not constitute grounds for warranty claims, 
• The seller has the choice of the method of rectification of defects
• The limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
• If the customer is acting as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved. 

Liability of the seller is excluded for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives. 

8) Place of jurisdiction/applicable law

8.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of deliveries to consumers domiciled or habitually resident in the EU, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. For deliveries to consumers with residence or habitual abode outside the EU, this choice of law shall apply with the exception of the right of withdrawal under the FAGG and only to the extent that it is not precluded by mandatory provisions of the law of the state in which the consumer has his habitual abode.

8.2 In the relationship with entrepreneurs, the factually competent court at the registered office of the seller is agreed as the exclusively competent court. In the relationship with consumers with residence or habitual abode outside the EU, the factually competent court at the registered office of the Seller is agreed as the competent court, unless mandatory provisions of the law of the state in which the consumer has his residence or habitual abode conflict with this. 

8.3 The place of performance shall be the registered office of the Seller.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.