These General Terms and Conditions govern the contractual relationship and define the rights and obligations between Adrop s.r.o., with its registered office at Vinohradská 2165/48, 120 00 Praha 2, Czech Republic, Company ID No. 27312925, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 152307 (“Online Shop”), and a customer or a third party in whose favour the goods are ordered.
All services provided by the Online Shop for the customer shall be provided exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply if they have been individually agreed between the Online Shop and the customer.
- Conclusion of Purchase Agreement
2.1 The offers of the Online Shop on the Interne t represent a non-binding invitation for the customer to order goods in the Online Shop.
2.2 The customer may order the goods (i) by order form in the Online Shop, (ii) by e-mail, (iii) by telephone or (iv) in person. By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a Purchase Agreement.
2.3 The Online Shop shall confirm receipt of the order without delay, at the latest on the next working day after receipt of the order. The order confirmation as well as the acceptance of an order by telephone do not constitute a legal acceptance on our side. The acceptance of the offer by us only takes place when we deliver the goods to you. You will usually receive a written request for payment or confirmation of dispatch by e-mail on the same day after receipt of the order.
2.4 The subject of the Purchase Agreement is the goods ordered by the customer. With regard to the quality, the offer description shall apply, otherwise § 434 (1) sentence 3 of the German Civil Code shall apply.
- Cancellation Policy
Right of withdrawal
You have the right to cancel this Purchase Agreement within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not a carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Adrop s.r.o., with the registered office at: Vinohradská 2165/48, 120 00 Praha 2, Czech Republic, phone No. +420 484 800 980, email@example.com) of your decision to withdraw from this Purchase Agreement by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the cancellation period.
Consequences of withdrawal
If you withdraw from this Purchase Agreement, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this Purchase Agreement. 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 for this repayment.
The returned goods must be complete, undamaged and include the entire contents. The goods and their components must not have been damaged or used. This also applies to separately available products, kits and puzzles. In the event of broken or damaged packaging, the value of the broken or damaged goods or part thereof will be deducted from the amount to be refunded. The written declaration of withdrawal from the Purchase Agreement must be sent by the customer to the address of the Online Shop within 14 days.
No Purchase Agreement can be cancelled for perishable goods or goods that have been mixed after delivery. Furthermore, the customer cannot withdraw from the Purchase Agreement for goods that were delivered in sealed packaging and that the customer has removed from the packaging.
The Online Shop is entitled to withdraw from the Purchase Agreement in the event of a significant breach of duty by the customer. The Online Shop is entitled to withdraw from the Purchase Agreement if the customer has purchased the goods at a price that clearly does not correspond to the usual price and there is no doubt that it is a typing error. In particular, it clearly does not correspond to a price that is an order of magnitude lower than the usual price where there is no doubt that the price of the experience or the goods in the Online Shop or on the purchase document is missing in a digit of the purchase price due to a typing error.
4.1 All items will be delivered immediately if available from stock. Delivery of our articles can only be made to Germany.
4.2 The delivery time within Germany is 5 working days (Monday to Friday, excluding public holidays) after receipt of payment, unless otherwise stated in the offer.
4.3 If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided we have an address from you.
Your statutory claims remain unaffected.
- Packaging and Shipping Costs
5.1 We offer the following shipping methods: Shipping by means of GLS, Hermes, DPD
5.2 For delivery within Germany and packaging costs, we charge the shipping price specified in the offer. The shipping costs are shown and communicated separately with each order.
5.3 From an order value of EUR 50, we deliver within Germany free of charge.
- Payment, Retention of title
6.1 All prices stated are gross prices in euros, which include the corresponding statutory value added tax. The prices valid on the date of order shall apply.
6.2 The following payment methods are possible for delivery within Germany:
- via Stripe.
6.3 The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 of the German Civil Code). The customer must inform us immediately of any enforcement measures by the third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods.
The return of the defective goods shall be made in accordance with the statutory provisions.
The customer is entitled to exercise the right arising from a defect occurring in the goods within 24 months of receipt (“Warranty Period”), with the exception of:
(i) the goods for which there is another period for which the item may be used stated on its packaging or in the instructions accompanying it, in the information in the Online Shop or in the information about the goods or in advertising in accordance with the law;
(ii) goods that are faulty due to a weight that does not correspond to the weight of the goods ordered by the customer, unless the weight discrepancy exceeds 40% of the total weight of the goods;
(iii) wear and tear of the goods through their normal use;
(iv) goods sold at a lower price because of the defect for which the lower price was agreed;
(v) if it arises from the nature of the goods.
The warranty period begins with the handover of the goods. If the goods have been shipped, the warranty period shall run from the arrival of the goods at the place of destination.
- Defect Liability
Information on liability for defects: The statutory liability for defects applies.
The customer is obliged to examine the goods handed over immediately after their receipt, in particular with regard to the characteristics and quantity, and to notify the Online Shop of any defects found.
The customer is obliged to immediately complain about the goods in writing at the Online Shop after the customer has learned of the reason for the complaint, within 5 calendar days at the latest after the defect has been discovered. The customer asserts defects in particular by demanding a price reduction, repairing or returning the goods or withdrawing from the Purchase Agreement. The customer shall state the order number in the complaint, if applicable, and describe the defects complained of.
The Online Shop is obliged to provide a written confirmation of when the consumer exercised the right, what the content of the complaint is and what method of settlement the consumer needs, as well as a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. In case of consumers, the Online Shop shall decide on the complaint immediately, in complex cases within three working days.
The complaint, including the removal of the defect, must be settled immediately, no later than 30 days from the date of the complaint, unless the Online Shop and the consumer agree on a longer period.
The customer is responsible for the reduction in value of the goods complained about, which has arisen because these goods have been treated in a way that is not necessary in relation to their nature and characteristics of the goods.
The customer shall have no rights arising from defective performance if the defect is one of which the customer should have been aware at the time of conclusion of the Purchase Agreement with due diligence or which the customer caused himself/herself.
If the goods show defects when they are handed over to the customer, e.g. they are “expired” (minimum shelf life, expiry date or another form of similar significance) or otherwise clearly unusable, the customer must notify the Online Shop immediately, at the latest 2 days after discovery of the defect.
In the case of fresh goods which are intended for consumption within 24 hours, the customer shall give notice of defects within 24 hours of receipt. If the customer does not complain about obvious defects in the goods upon handover and/or it cannot be proven that the goods had the alleged defects at the time of handover, the Online Shop shall be entitled to reject the complaint.
- Data Protection
In accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR”), the Online Shop hereby informs that it processes personal data of a natural person for the performance of a Purchase Agreement, for the implementation of measures prior to the conclusion of a Purchase Agreement, for the fulfilment of a legal obligation or for reasons of legitimate interest, to the following extent: first name, last name, date of birth, place of residence, e-mail address, phone No.
Personal data is an address and identification category.
The Online Shop informs that:
(i) personal data is processed for the following purposes: registration, processing of the offer, conclusion of a Purchase Agreement, performance of a Purchase Agreement, booking, informing the provider of the experience of the arrival of the customer to perform the experience, delivery of goods or settlement of a complaint on the basis of a legal ground for processing;
(ii) other recipients of personal data are: Online Shop's accounting advisor, Online Shop's tax advisor, Online Shop's service provider, Online Shop's IT specialist, Online Shop's carrier or postal licensee;
(iii) it will process personal data for the duration of a Purchase Agreement and for further 3 years after the termination of the Purchase Agreement;
(iv) the customer has the right to request from the Online Shop access to personal data, rectification, erasure, restriction of the processing of personal data, right to object to the processing of personal data and the portability of personal data to another controller;
(v) the provision of personal data is not an obligation and if the customer provides personal data with consent, the customer has the right to withdraw the consent;
(vi) the customer has the right to lodge a complaint with the Office for the Protection of Personal Data about the way in which personal data is processed;
(vii) no automated decision making or customer profiling takes place;
(viii) the customer has the right to obtain confirmation from the Online Shop as to whether or not personal data is being processed or to obtain copies of the personal data processed.
Requests, objections and other exercises of rights may be addressed to the registered office of the Online Shop or by e-mail: firstname.lastname@example.org
The Online Shop points out in more detail that a natural person has the right to have personal data deleted if
(i) personal data is no longer necessary for the purpose for which it was processed,
(ii) a natural person withdraws his/her consent and there is no other legal ground for the processing,
(iii) a natural person objects to the processing of personal data processed by the Online Shop on the basis of a legal ground of legitimate interest of the controller or objects to automated case-by-case decision-making or profiling,
(iv) personal data has been processed unlawfully,
(v) personal data must be deleted in order to comply with a legal obligation,
(vi) personal data was collected in connection with commercial communications.
- Protection of Minors
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery agent will only hand over the goods after the age check has been carried out and only to the customer in person.
The content and works created by the website operators on these websites are subject to the German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of the copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this website was not created by the operator, the copyrights of third parties are respected. In particular, the third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
The EU Commission has set up a platform (the so-called ODR platform) for online dispute resolution in online commerce between consumers and traders. This platform and further information can be found under the following link: http://ec.europa.eu/consumers/odr
We do not participate in dispute resolution proceedings before a consumer arbitration board.
The seller accepts no responsibility for damage to property or personal injury resulting from improper handling of the goods.
Boxes for children should be opened by persons under 15 years of age under the supervision of their parents, who are responsible for any damage to health caused by that person through a dangerous way of opening. Boxes for adults should not be opened by persons under 15 years of age.
- Contents and Links on our Websites
13.1 The contents of our websites were created with the greatest care. However, we cannot guarantee the correctness, completeness and topicality of the contents. As a service provider, we are responsible for our own content on these websites in accordance with the general laws pursuant to Section 7 (1) of the German Telemedia Act. However, according to §§ 8 to 10 of the German Telemedia Act, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with the general laws remain unaffected by this. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of corresponding infringements, we will remove this content immediately.
Our offer contains links to external websites of third parties, on whose contents we have no influence.
We can therefore not assume any liability for these external contents. The respective provider or operator of the websites is always responsible for the content of the linked websites.
The linked websites were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked websites is not reasonable without concrete evidence of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.
- Final Provisions
The validity of the UN Convention on Contracts for the International Sale of Goods is excluded; German law shall apply. Based on an order, the General Terms and Conditions of the Online Shop are accepted.
If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this Purchase Agreement shall be our place of business.