General Terms and Conditions of Tea Exclusive

Effective from 01st of june  2010

§ 1 Scope of application

1. Following General Terms and Conditions are applicable for all contracts, deliveries and other services between the company Tea Exclusive (owner: Olaf Panne), Vor der Mark 5, 58566 Kierspe, Germany (hereinafter referred to as  "vendor") and their customers.
2. For any order the version of the general terms and conditions, which is valid at the time of the order, is applicable.
3. General Terms and Conditions of  customers, which deviate from the present terms and conditions shall be expressly excluded. They shall only be effective, if the vendor has confirmed them in writing.
4. Our offer addresses exclusively to persons, who already have reached the age of 18. With his order the orderer confirms his legal age.

§ 2 Conclusion of a contract

1. Our offers are always subject to change. Little differences to our pictures and/or descriptions are possible. The presentation of the goods in the catalogue / online shop do not represent the vendor's binding offer for the conclusion of a sales contract. Hereby the customer is only asked to give an offer with his order.
2. The order represents a binding offer of the customer.  When ordering ( online, by telephone, by fax or written) the customer confirms the validity of these General Terms and Conditions.
3. The vendor shall confirm the receipt of an online order of the the cutstomer by sending a confirmation mail. This order confirmation does not yet represent the acceptance of the order. It shall only be considered as the information for the customer, that the vendor has received the order.
4. The vendor confirms the acceptance of the order by sending the goods or per an explicit letter of acceptance.

§ 3 Right of revocation for consumers

Consequences of revocation:

Right of revocation:
In the case that the customer is a consumer in the sense of § 13 BGB (German Civil Code), which means, that he acts as a natural person at the business with the vendor and he does not act as a tradesman, he is entitled to execute his right of revocation, subject to the following regulations: You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 14 days. The revocation does not have to contain any grounds. The revocation period commences with the receipt of this revocation instruction in text form, however, not before the receipt of merchandise ( in case of recurrent deliveries of uniform merchandise not before the receipt of the first partial delivery) and not before we have performed our information duties under the terms of  246 § 2 in connection with § 1 clause 1 and 2 EGBGB and our duties under the terms of § 312 e clause 1 sentence 1 BGB in connection with 246 § 3 EGBGB.The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to: Tea Exclusive, owner Olaf Panne, Vor der Mark 5, 58566 Kierspe, Germany • Fax: +49 2353 / 903582 • email: info(at)tea-exclusive.de

Consequences of revocation:
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period commences for the customer with sending the declaration of revocation or the merchandise and for the vendor with receipt of the same.

End of revocation instruction

§ 4 Prices, delivery terms and payment terms

1. Unless otherwise specified in the order confirmation or in the price quotation in the catalogue / online shop, the prices are including the statutory value added tax.
2. Additional charges, as potential payment fees, packing, transport and insurance costs are not included in the prices.
3. The effective prices at the time of ordering, possible payment methods and potential payment fees, as well as the shipping costs result from the specific product descriptions, published on the vendor's internet presence, the stated payment methods and the shipping costs table.
4. The goods we have in stock will be shipped within 1 to 3 work days after receipt of payment in case of advance payment and direct debit, otherwise within 1 to 3 work days after receipt of the order.  If the goods are out of stock at the time of placing the order, the vendor shall immediately order the goods, inform the customer about it and let him know the expected delivery time.
5. The payment of the merchandise shall be made by advance payment, direct debit, collect on delivery, credit card, giropay (for German customers only), or with invoice. For the particular payment method the following regulations shall apply:
   1. Advance payment (e.g. per prepayment/bank transfer or Paypal): The customer pays the invoiced amount to the vendor within 10 days after sending the order. After receipt of payment the customer's order shall be processed and shipped according to the provisions of § 4 clause 4.
   2. Direct debit: The invoiced amount shall be debited by the vendor from the account specified by the customer.  The customer is obliged to ensure, that there is sufficient coverage in the account.  Charges for direct debits, which cannot be cashed due to insufficient coverage or false information shall be invoiced to the customer.
   3. Collect on delivery: The parcel service will cash the invoiced amount on delivery.
   4. Credit card and giropay: For the payment by credit card or giropay you will be passed to service provider by a secure connection, where you process the payment.
   5. Invoice: Delivery on invoice is only possible for known business clients. The invoiced amount has to be paid within 10 days after receipt of the invoice.
6. If the customer is in default, the vendor is entitled to invoice interest for delay according to the legal regulations.
7. The vendor is entitled to make partial deliveries if reasonable for the customer. Additional shipping costs shall only apply if expressly agreed.

§ 5 Reservation of proprietary rights

1. The goods delivered shall remain our property until complete payment.

§ 6 Warranty and liability

1. The customer's warranty claims shall comply with the general legal regulations.
2. For damages, which are not caused by injury of life, body or health the vendor shall be only liable as far as these damages are caused by gross negligence or wilful intent or by culpable breach of an essential contractual obligation by the vendor or his assistants. A duty is essential for the contract, if its performance allows the proper execution of the contract at all and if the customer may regularly rely on its performance. Any liability for compensation beyond that shall be excluded.  Claims under guarantee about the character of the goods, issued by the vendor or claims according to the  product liability act remain unaffected.

§ 7 Data protection

1. The vendor shall use the customer's order data exclusively for the processing of his order. 
   All customer data are stored and processed by the vendor considering the German Data Protection Act (BDSG) and the Teleservices Act (TDDSG). The customer is entitled to have free of charge information, reporting, blocking and deletion of his stored data at any time.
   Therefore he has to contact Tea Exclusive, owner Olaf Panne, Vor der Mark 5, 58566 Kierspe, Germany, Fax: +49 2353 / 903582, email: info(at)tea-exclusive.de by postal service, mail or fax.
2. The vendor shall not pass the customer's personal data, including the postal address and the email address to third party without the explicit and revocable acceptance. Excluded hereof are the vendor's service partners, who need the data transmission for the order processing ( e.g. the mail order firm assigned with the delivery and the credit institution assigned  with the payment processing). The amount of transmitted data is however limited to the necessary amount in these cases.
3. The vendor's online shop uses cookies to store information about the content of the customer's shopping cart, which can be recalled at the customer's next visits. If the customer registers to the vendor's online shop or wants to place an order, the vendor needs his customer data. If the customer already has registered, he can simply log on with his email address and his personal password. The data stored in a cookie spare the customer to fill the forms. The customer can manage the acceptance of cookies of this page in his browser and eventually block them. 
4. Our websites use Google Analytics, a web analysis service of  Google Inc. (“Google“). Google Analytics uses so-called cookies, text files which are stored on your computer and which enable an analysis of your usage of the website. The information about your usage of this website (incl. your IP address) created by the cookie is sent to a Google server in the USA and stored there. Google will use this information to analyse your usage of the website, to create reports about website activities for the website providers and to provide further services connected to the website usage and the internet usage. Google also will possibly pass this information to third party, as far as legally required or as far as third party is processing these data by order of Google. In no case Google will connect your IP address with other data of Google Inc. You can block the installation of cookies by a corresponding setting of your browser software. However, we would like to point out, that you possibly cannot use all functions of this website to the full amount in this case. By using our website you agree to the processing of your data in the aforementioned way and for the aforementioned purpose by Google.

§ 8 Choice of law & jurisdiction

1. The contractual relationship between the vendor and the customer shall be governed by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the vendor shall be the vendor's registered office, as far as the customer is a tradesman, a legal person under public law or a  special fund under public law.

§ 9 Severability clause

1. Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.

Vendor information:

Tea Exclusive
owner: Olaf Panne
Vor der Mark 5
D-58566 Kierspe
GERMANY
Telephone: +49 2353 / 903581
Telefax: +49 2353 / 903582

E-mail: info(at)tea-exclusive.de
Tax number: 332/5128/1194
VAT-ID Nr.: DE201555782