Terms and Conditions

terms

The following General Terms and Conditions of trade (GTC) are applicable to all contracts concluded or made in our online shop.

I. General
  1. The following General Terms and Conditions of Trade (GTC) are applicable to each and every transaction concluded or entered into in our online shop.
  2. Any and all additions to, changes to, modifications of, or other deviation from these standard terms and conditions, terms of our contracts or this GTC must be made in writing signed by both parties. This requirement shall not be deemed to apply to agreements made outside the scope of these GTC.
  3. To the extent that these GTC govern commercial agreements with business or non-profit entities, they shall be deemed to apply only to the contracting indiviual party in his or her official, business capacity and to the commercial or non-profit entity.
II. Conclusion of Contract

Our offers, as stated in this Website or elsewhere, are not binding on either party. By clicking the "Buy Now" button the customer makes a binding offer to buy all products in the shopping basket/cart. We have the right to accept this offer within one week. The acceptance is declared either by our delivery of the goods to the Post or other agent or common carrier for delivery or by our coafirmation to the offerer of receipt of the order by any means, including but not limited to e-mail. No contract shall be deemed to exist until the moment of acceptance as defined by these GTC or the contract itself.

III. Obligation to Provide Truthful Information
  1. The customer is obligated to state truthfully all requested responses in the registration process and in any subsequent data request. Customers must communicate to us within a reasonable period by changing the affected information in our Online-Shop any change of e.g. name, address, e-mail address, phone or fax number, bank account information, or other data requested in the registration process.
  2. To the extent the customer has given untruthful responses during the registration, we are entitled to cancel any order, whether or not a contract has been concluded. Any cancellation of a contract will take place in writing and will either be made or reconfirmed by e-mail.
  3. We will send an e-mail to the given e-mail address confirming the order immediately after receiving a customer's order.
  4. The customer is obligated to inform us by sending an e-mail at once to
    info@arcticheat.eu if the above mentioned e-mail was not received immediately after placing the order.
  5. It is the duty of the customer to take care that the given e-mail address is active and the customer can access it.
IV. Right of Cancellation of Contracts with Consumers

A consumer may cancel his or her order within two weeks of the date of receipt of ordered goods if the products are; unused, unaltered, and are shipped back in the same state or form as they were delivered. These limits on time periods of cancellation shall not apply in instances where we are negligent in providing information as defined in §312c Abs.2 German Civil Code (Bürgerliches Gesetzbuch- BGB) and §1Abs. 2 and 3 of the Verordnung über Informationspflichten nach Bürgerlichem Gesetz or are negligent in meeting our obligations as set forth in §312c Abs.1 Satz 1 BGB.
Cancellation must be declared in writing, by e-mail or by return of the goods. No reason need be given for timely cancellation of the contract. Cancellation shall be timely if sent within the time limits stated above.
A consumer may also cancel by sending a written cancellation, which need contain no reason for cancellation, to the following address within 14 days beginning with the date of receipt of the goods:


LAGUNA HEALTH Deutschland
Hammer Str. 81
48153 Münster
Germany


A consumer that cancels his or her order in a timely manner will no longer be bound by his offer to contract.
Upon exercising his or her right of cancellation the consumer is obligated to immediately return the goods. Please contact our office before returning the goods.
Unless seperately agreed otherwise in a signed, written contract or mandated by law, there is no right of cancellation fo

  • Delivery of goods, which were produced according to a consumer's individual specifications or have been adapted to or for personal needs or are otherwise not suitable for return
  • Items that have been activated ie put in water will not be refunded unless defective.
  • For health reasons we cannot accept merchandise that has been worn.
  • Proof of purchase will need to be established by providing the order number.
  • Please email us before returning your product. All orders need a return authorization number.

V. Delivery to Commercial Customers

To the extent that goods are to be sent to commercial customers, our delivery obligations are deemed completed when the goods are delivered to the forwarding agent or any other delivery agent. After this the commercial customer bears the risk of accidental loss or damage of the goods.

VI. Time of Delivery, Delay

If the Parties instead of a specific delivery date have agreed upon a period within which delivery must be effected, such period shall be deemed to commence on the date of entering such agreement.

The Seller shall without undue delay, notify the buyer if the Seller cannot make delivery within the agreed time, or if delivery is likely to be delayed. Such notification shall state the cause of the delay and, if possible, also the expected time of delivery.

If delivery is delayed as a result of force majeure or as a result of acts or omissions on the part of the buyer, the time of delivery shall be extended accordingly. This provision shall apply irrespective of whether the cause of the delay occurs before or after expiry of the agreed time of delivery.

The Seller shall in no circumstances be liable for any operating loss, loss of time, loss of profits, indirect loss or for any other consequential financial loss suffered by the buyer as a result of the delayed delivery.

VII. Retention of Title

All goods delivered will remain property of our company until full payment is made.
 
VIII. Complaints

Any complaints can be directed to the following address:

LAGUNA HEALTH Deutschland
Hammer Str. 81
48153 Münster
Germany
 
IX. Warranty and Liability

Legal provisions of warranty are applicable, subject to the following provisions:

  1. In case the customer is a businessman or businesswoman we may choose in case of replacement delivery between repairing the defect or replacement with non-defective goods.
  2. The customer has to notify our company about any obvious defects of the delivered goods within ten days after receipt. The stricter regulations applicable to merchants with regard to obligations of examination and notification in §377 HGB are applicable on contracts with commercial customers.
  3. The customer is obliged to allow us to examine the goods claimed to be defective by the customer.
  4. We give no warranty, express or implied, as to any defects or damages caused by improper use, improper installation, external effects (e.g. damages on transport, damages caused by impact), repairs and modifications to the object, made or done by non-authorised third parties.
  5. Warranty does not cover misuse or incorrect use of our products.
I. Limitation of Liability Applicable to Commercial Customers

Our liability to commercial customers for any and all damages, whether claimed in contract or tort is limited only to instances in which we - meaning our managerial staff and employees and agents under our direct control - are proven to have acted with gross negligence in tort or have directly caused personal injury or death. This limitation does not affect our contractual or warranty obligations or any no-fault liability provided for in the German Civil Code's Products Liability Law (Produkthaftungsgesetz). Any and all liability is, however, - excluding s.1 and 2 - limited to the forseeable, typical damage caused by the claimed defect. We disclaim any and all liability, to the fullest extent legally allowed, for incidental and consequential damages. The burden of judicial proof shall not be changed by the foregoing stipulations.

II. Data Protection / Privacy Policies

The consumer agrees that we may collect, store and transmit, as necessary to carry our placed orders the personal data needed for performance as well as archive them in electronic form. The customer further agrees that we may collect, work with, and use his personal data. The processing of the data will take place according to the Bundesdatenschutzgesetz (German law on the protection of data at tele services). All data will be kept confidential and will not be shared with third parties.
The customer has the right to withdraw his consent to the use of his or her personal data at any time. This withdrawal will become effective immediately for the time following the withdrawal. In this case we will delete immediately all personal data except as to any order which has not yet been completed.

X. General Provisions

There are no verbal agreements which supplement these terms.

  1. Our principal place of business shall be the sole place of jurisdiction and the only proper venue and shall be deemed the place of performance of delivery and payments for purposes of any suit or action. At our sole discretion, we may also file a suit at the principal place of business of the customer.
  2. To the extent that a customer has no residence or regular address in Germany our principal place of business shall the sole place of jurisdiction of any suits.
  3. The legal relationship between the parties is exclusively governed by German Law. The application of the UN-Purchasing Convention of 11/4/1980 on Contracts for the International Sale of Goods (CISG) is excluded.
  4. In case one or more stipulations of this contract are deemed ineffective or become invalid the general validity of the reminder of the contract is not affected thereby. The ineffective stipulation shall be replaced with a stipulation which resembles as closely as legally permitted, the economic intent of the parties as expressed in the provision to be replaced. To the extent that the contract is deemed insufficient or incomplete, such supplemental provisions as may be required to complete the contract and which reflect as closely as legally permissable to the economic intent of the parties as expressed in the four corners of the contract shall be deemed to have been agreed by the parties.
  5. For purposes of interpretation of the contract, the German version of these GTC is the only binding version. The English version is a non-binding translation of the German GTC which can be requested from us.


 

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