REVOCATION TERMS
· The presentation of the products in the online shop does not represent any legally binding offer on our part, but a non-binding online catalogue. By clicking on the button “buy” / “order with obligation to pay” you as a consumer/customer issue a binding order for the goods contained in your shopping basket. Confirmation of the receipt of your order shall take place together with the acceptance of your order by automated e-mail immediately after you have sent your order. The Purchase Agreement comes into force with this e-mail confirmation.
· The Customer issues a binding offer to contract by successfully completing the order process provided for in our Internet shop.
The binding on-line order takes place in the following steps:
Selecting the desired goods
· Confirming this by clicking on the “Add to basket” button
· Checking the details in the shopping basket
· Pressing the button “Go to checkout”
· Checking the details entered once again or as necessary correcting the details that have been entered
· Selecting the payment method and submitting the binding order
Right of Revocation for Consumers
Consumers are entitled to the right of revocation according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity.
Right of Revocation
You have the right to cancel this contract within fourteen days without citing any reasons.
The revocation period shall be fourteen days from the day you or a third party designated by you other than the carrier acquire the material possession of each of the goods ordered.
In order to exercise your right of revocation you must notify us (info@shivaeyeshell.com) of your decision to revoke from this contract, such notice to be made by way of an unequivocal declaration (by mail).
The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of evocation before expiration of the revocation period.
Consequences of Revocation
Should you revoke this contract, we shall repay to you all payments which we have received from you, including the cost of delivery (with the exception of additional costs resulting from your election of any other kind of delivery than the least expensive standard delivery offered by us), such repayment to be made without delay and no later than fourteen days from the date on which we received the notice on the revocation of the contract. For such repayment we shall use the same means of payment which you used for the original transaction, unless agreed to the contrary between us; you shall not be charged with any fees whatsoever in respect of such repayment. We may reject payment until we receive back the goods or until you provide evidence that you sent back the goods, whichever is earlier.
You shall return to us the goods, whether by way of shipment or delivery in person, without any delay and in no event any later than fourteen days from the date on which you notified us on the revocation of the contract. Such aforesaid evocation period shall be deemed complied with if you dispatch the goods before expiration of the fourteen-days-period. According to Thailand laws you as consumer shall bear the direct cost of return shipment of the goods.
You shall be responsible for a loss in value of the goods only if such loss in value is due to your handling of the goods in a manner which is not necessary for the examination of the quality, characteristics and functionality of the goods.
End of Revocation Instructions and Exclusion or Premature Expiration of the Right of Revocation
The right of revocation does, among others, not exist in respect of contracts
· on the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or designation by the costumer is relevant or which are clearly customized to the personal needs of the consumer
The right of evocation prematurely expires in respect of contracts
· on the delivery of sealed goods which, for reasons of health protection or hygiene , are not suitable for return if their sealing has been removed after delivery
· on the delivery of goods if these were mixed inseparably with other goods after delivery by virtue of their nature
· on the delivery of audio or video recordings if the seal of the recording media has been broken by the customer
Export
· If export or import duties should become due during the course of dispatch, these shall also be at the Customer’s expense. The prices for the services and supplies offered do not include costs charged by third parties.
· Delivery shall take place to the address provided by the Customer. If the details provided by the Customer are incomplete, incorrect or unclear, the Customer shall bear the costs arising from this.
Retention of Title
We expressly reserve the right to retain ownership of the goods until the purchase price has been paid in full.
Warranty
The warranty for faulty items takes place in accordance with the respective statutory provisions in force. If in the event of a claim under warranty an exchange or improvement of the goods does not come into consideration, the Customer shall be entitled to a price reduction, and in the event of gross and not minor faults the Customer shall be entitled to annulment of the Agreement (rescission).
Liability
· All claims for compensation shall be excluded in the event of minor negligence. However, this exclusion shall not apply in the event of death, injury to body or health.
Place of Jurisdiction and Applicable Law
· This Agreement shall be governed by Thailand material law with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The choice of law shall exclude the obligatory consumer protection regulations of the country in which the Customer has his/her normal place of residence. It is agreed that the place of jurisdiction shall be the court in Thailand with competence for the matter and the location.
· It shall be pointed out clearly, that in case of conflicts involving consumers of Shiva Eye Shell, according to the alternative dispute resolution law, does not submit to the alternative dispute resolution. All disputes, with regard to contracts, which are concluded with consumers via the online shop www.shivaeyeshell.com/shop are subject to the express consent of the ordinary courts.
· We reserve the right to errors, changes to prices and products respectively, and discrepancies of colour caused by images or computer screens.
· These revocation terms are valid from 15 June 2017.