- August 2018 –
For the web shop of the QALO Europe GmbH, Magnusstrasse 13, 50672 Cologne, Germany („Provider“).
These general terms and conditions regulate the contractual relationship between the provider and persons who buy products in the web shop available at www.qalo.eu. (“Customer”). These general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not valid unless the provider expressly agrees to their validity in written form.
(1) Customers can register on the website for free. There is no right to admission to the provider's web shop. Only consumers according to § 13 BGB and persons with unlimited legal capacity are entitled to register. With the registration, the customer has to choose a personal password. The Customer is obliged to keep the password secret and will not disclose the password to third parties under any circumstances.
(2) The data required for the registration must be provided completely and truthfully. Optionally, it is possible to login with an account from Facebook, Amazon, PayPal or Google°+, if the Customer has registered on the respective platform.
(3) Apart from agreeing to these general terms and conditions and the privacy notice the registration does not entail any obligations whatsoever. The Customer can delete his user account at any time. If Customer wishes to delete his account, he can delete the account in the administration section of his account. The creation of an account does not create an obligation to purchase any products.
(4) There is no obligation to register for the use of the web shop. Unregistered Customers can purchase goods with the help of a guest account.
(1) The Customer can select various finger rings from the product line of the Provider and may collect them in a so-called “shopping basket” by clicking on the "Add to shopping basket" button. By clicking on the button "order“, the customer submits a binding offer to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data of the order at any time. However, the order can only be submitted and transmitted if the Customer accepts these terms and conditions by clicking the "Accept general terms and conditions" button. Doing so, the Terms and Conditions form part of his order.
(2) The Provider will send an order confirmation by e-mail to the Customer that contains an overview of the Customer's order and that the Customer may print out by using the "Print" function. A contract shall be concluded upon the Providers declaration of acceptance sent with the e-mail (the order confirmation).
(1) If the selected product is not available at the time of the order, the Provider immediately informs the Customer about these circumstances within the order confirmation. If the product is permanently not available, the Provider will not sent an order confirmation. In such case, there will be no conclusion of a contract
(2) If the selected product is only temporarily not available, the Provider informs the Customer of this immediately in the order confirmation. In the event of a delivery-delay of more than two weeks, the Customer reserves the right to withdraw from the contract. The Provider reserves the same right to rescind from the contract. In this case, the Provider will immediately refund any payments already made by the customer.
The delivered goods remain in the ownership of the Provider until Customer has made full payment.
(1) All prices stated on the provider's website include the applicable statutory VAT.
(2) The shipping costs are indicated to the Customer in the order form and shall be paid by the Customer, if Customer does not make use of his / her right of withdrawal. If the Customer orders goods with a value of 50 EUR or higher, the Provider will send the goods to the Customer for free.
(3) The goods will be shipped by mail.
(4) In the event of a withdrawal, the Customer must pay the regular costs of the return shipment if the delivered goods correspond to the goods ordered. In all other cases, the provider carries the costs of the return.
(1) The Customer may choose between the payment methods as indicated on the website.
(2) The Customer may change the payment method saved in his user account at any time.
(3) The purchase price is immediately payable upon the conclusion of a contract. If the date of payment is determined by calendar, the Customer shall be in default by missing the date. In this case, he has to pay default interest amounting to 5 percentage points above the base interest rate.
(4) The Customer’s obligation to pay default interest does not exclude to claim for further damages by the Provider.
(1) The Provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. German Civil Code.
(2) An additional guarantee for the goods delivered by the provider exists only if this was expressly mentioned in the order confirmation for the respective product.
(1) Any claims of the Customer for damages are excluded with the exception of claims for damages from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the Provider, his legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for foreseeable damage, which is typical for the contract, if such damage was caused by ordinary negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favor of the legal representatives and agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
You have the right to withdrawal this contract within fourteen days without giving reasons.
The period of withdrawal is fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the goods.
To exercise your right of withdrawal, you must inform QALO Europe GmbH by means of a clear declaration (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the period.
If you withdraw, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we received notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless we expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund the payment until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods.
Standard withdrawal form
(If you wish to withdrawal the contract, please fill in and return this form.)
Qalo Europe GmbH
I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)
Bought on (*)/Received on (*):
Name of the customer/s
Address of the customer/s
Customers signature (only if in written form)
(1) The Provider processes Customer's data within the framework of the processing of contracts on the basis of Art. 6 para. 1 lit. b DSGVO. In doing so, he observes the applicable data protection regulations. Without the Customer's consent, the Provider will only process the Customer's inventory and usage data if this is necessary for the processing of orders.
(2) In all other respects, reference is made to the privacy notice of the Provider with regard to the processing of personal data, which can be accessed at www.qalo.eu.
(1) Contracts between the Provider and the Customer are subject to the law of the Federal Republic of Germany.
(2) The remaining parts of the contract remain binding even if individual points are legally invalid. The invalid points shall be deemed to be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.