TERMS OF SERVICE:
I. Area of Application
All deliveries and services provided by Cult Candy (hereinafter referred to as the seller) are performed exclusively on the basis of these general terms and condition of sale and delivery. Any alternative terms and conditions on the part of the customer shall not apply unless we should confirm these in writing. There are no supplementary agreements.
II. Conclusion of Contract
1. All offers on the online shop are subject to change and not binding. All offers are subject to prior sale.
2. In ordering the desired goods, via internet, e-mail or by telephone the customer makes an offer to conclude a purchase agreement.
The seller has the right to accept this offer by issuing the customer with an order confirmation within 7 calendar days. The order confirmation shall be sent by e-mail.
Upon the unsuccessful expiry of the 7-day term, the offer applies as rejected.
The automatically generated information on the receipt of the order does not represent an order confirmation. It merely serves to verify the communicated data.
III. Prices, price alterations
1. The prices listed at the time of ordering are applicable to all goods and services. Our prices are in GBP and include the currently applicable statutory VAT and exclude postage and packaging or other additional services, insofar as no alternative is expressly agreed.
2. Our invoices are payable immediately and without deduction.
1. Insofar as the goods are in stock and available, the seller shall dispatch these within 1-3 work days. Delivery is performed through the dispatch of the purchased item to the address provided by the customer. Partial deliveries are permitted, where reasonable for the customer.
2. In the event of a delivery delay, the seller shall notify the customer immediately upon becoming aware of the delay.
3. If the seller should be delayed in delivering, all liability for damages is restricted to foreseeable damage, should this arise through slight negligence. Further claims to damages shall only exist if the delay should arise on grounds of gross negligence or wilful misconduct.
4. The method of dispatch, the carrier and dispatch route shall be at the seller’s discretion unless otherwise expressly instructed by the customer.
The seller does not guarantee any delivery times
5. The seller reserves the right to only sell usual household quantities to consumers.
V. Retention of title
The purchase item shall remain the property of the seller until paid for in full. Prior to transfer of title the customer is not permitted to pledge, assign as security, process or modify the goods without the express permission of the seller.
1. Customers are obligated to examine the goods immediately for integrity, conformity with the delivery documents and order as well as for defects. Detected or visible defects are to be reported in writing. If prompt notification is omitted, the goods are deemed accepted as per agreement, unless the defect is not apparent upon examination performed with reasonable diligence.
2. Insofar as sellers’ guarantees are granted, the details are provided in the guarantee terms, enclosed with the delivered item. Warranty claims are not prejudiced by statutory claims/rights.
3. Customers shall in the first year be restricted to the removal of defects or replacement delivery. The seller reserves the right to stipulate the method of rectification. Upon expiry of the first year, the seller shall at its discretion restrict its warranty to the removal of the defect or a credit note for the current value of the goods.
VII. Customer cancellation rights
1. The customer may cancel his/her contractual statement, either in text form (letter, fax, e-mail) or by returning the goods within 1 week, without stating the grounds. The term shall commence upon receipt of this information at the earliest.
When the information concerning cancellation rights is provided subsequent to the conclusion of the contract, a cancellation period of one month shall apply. The period begins upon receipt of the goods or receipt of the cancellation rights in text form on the part of the consumer.
The timely sending of a revocation or the goods is sufficient for adherence to the cancellation period.
The customer is responsible for all expenses incurred through returning the goods, where the delivered item corresponds to the ordered item. Otherwise, return postage is free of charge. The refund is made within 30 days of receipt of the return. Any product returned incomplete, spoiled, damaged or dirty will not be accepted nor reimbursed.
VII. Availability of Services
The seller undertakes to make every effort to provide and maintain the services shown on its website.
The seller cannot accept any liability in the following cases:
- Temporary interruptions of services during the course of maintenance;
- Temporary interruptions of services independently of the seller’s performance, in particular in the case of power cuts or interruption of telecommunications;
- Failure or malfunction of the Internet network to transmit messages or documents;
- Any other situation of force majeure .
The seller cannot accept any responsibility for damages due to the use of the Internet network, and, in particular, due to the presence of any malevolent computer program or any outside intrusion.
The seller reserves the right to modify or temporarily suspend or deny access to any part or all of the Website, at any time, without having to advise the users beforehand.
X. Final provisions
1. In the event that a provision of these general terms and conditions or any other agreement in the scope of this contract should be invalid, this shall not prejudice the validity of the remaining provisions. The statutory provision shall apply in substitution of the invalid provision.
2. London is the agreed legal venue for tradesmen, companies, corporate bodies under public law or public fund assets, insofar as legally admissible.
3. Place of performance for all duties arising from the contractual relationship is the applicable seller’s place of business.
4. English law applies exclusively, subject to the exclusion of UN and EU Sale of Goods provisions. This provision also applies to cross-border deliveries.