Copyright 2019 Galeria Eldorado. 

Terms and Conditions

1. General

1. The offer on the web page galeriaeldorado.com is intended exclusively for buyers. The following Terms and Conditions apply to all sales contracts concluded via the online store between Galeria Eldorado and buyers. Buyers will enter into a business relationship, according to § 13 BGB natural persons under German Law, that without these can be attributed to a commercial or independent professional activity.

2. At the time of concluding the contract, the latest valid version of the Terms and Conditions is applicable. Differing, conflicting or additional agreements, even if known, do not form part of the contract unless their validity is expressly agreed in writing.

3. The Galeria Eldorado are at any time justified to change or supplement these general trading conditions including all possible sections with an appropriate term of notice.


2. Contract

1. With the order, the buyer makes a binding offer of contract; Galeria Eldorado shall immediately confirm receipt of the order. The receipt does not constitute a binding acceptance of the order, but it may be connected with the acceptance.

2. Galeria Eldorado is entitled to accept the contract offer in the order within 3 working days of receipt. Acceptance of an order is given by written confirmation in text form. Only with this acceptance is the contract concluded. Galeria Eldorado is entitled to refuse to accept the order after checking the credit history of the buyer. In this case, Galeria Eldorado will inform the buyer of the rejection in writing.

3. Galeria Eldorado has the right to limit the order quantity to a commercial trade standard.

4. After completion of the data entry and before the binding order is sent by the buyer all the order data is collected displayed; here he has the opportunity to correct input errors.

5. The contract will be stored by Galeria Eldorado and sent together with the legally effective conditions of contract.

 

3. Prices and payment conditions

The price offered at the time of order is binding. The price in each case, the valid VAT, where this is applicable, is included. For deliveries to non-EU countries no VAT is charged. In this case, the resulting customs duties and import taxes are carried by the seller. In the context of special offers, the price offered is limited exclusively to the promotion.

For the shipment of goods additional costs will arise. These costs will be displayed before the order.

Advance / bank transfer

Should the buyer opt for advance payment, the goods will be dispatched immediately upon credit by the bank. The transfer by the financial institution may take several days to complete. Goods will be shipped only after cleared funds have been credited to our account. After the order is completed, the buyer will receive an order confirmation via e-mail containing all order and account information.

If the receipt of the advance payment is not made within 30 days of the order date, the order will be cancelled.

Paypal

When paying via PayPal the shipment of the order will take within 3 to 7 working days. Only after the buyer has sent the PayPal payment, does Galeria Eldorado receive the buyer’s order request, not before. Therefore if the buyer cancels the PayPal checkout process, they must begin anew.

The purchase price is to be credited to the account of the Galeria Eldorado in full value within the agreed upon period. Any resulting costs and fees which may arise, by bank transfers or other transfers, must be carried in their entirety by the buyer. The Galeria Eldorado grants no discount deduction or deduction on the purchase price, except when written confirmation by the management.

The buyer’s right to set off counter claims is only possible insofar as his claims are undisputed or legally binding. A customer can only assert a right of retention on the grounds of counter claims, which are based on the same contractual relationship.

4. The transfer of risk

The risk of accidental loss and accidental deterioration of the goods sold goes – even at the dispatch of purchase - with the delivery of the goods to the buyer.

The handover (of risk) remains the same, even if the buyer is delayed in receiving the goods.

 

5. Delivery and shipping costs

1. Galeria Eldorado delivers within the EU and Switzerland. For order processing to occur, billing and shipping address must be within the same country.

2. Delivery times are only as agreed if they are in writing. The delivery time begins after receipt of order. The delivery time can be 7 working days from order - in the EU up to 10 days. Galeria Eldorado only delivers while supplies last.

3. The applicable shipping charges are displayed before confirmation of the order.

4. If the goods are not delivered for reasons for which the buyer is responsible, they will subject to additional shipping costs. The outward and return costs shall be borne by the buyer in this case. This does not apply in the event of cancellation.

5. If the commodity is not available when ordering, Galeria Eldorado will strive for fastest possible supply. If the disregard or delay of supply is due to a higher force, labour disputes, unforeseeable obstacles or other circumstances which do not directly relate to Galeria Eldorado, the period is extended appropriately.

 

6. Ownership of goods

1. The delivered goods remain property of Galeria Eldorado until full payment of the purchase price by the buyer.

2. The buyer has to treat the goods with care.

3. The buyer may neither pawn the goods nor transfer them as a backup. In case of pawning, confiscations or other seizures by a third party, the buyer shall notify Galeria Eldorado immediately in writing about it.

4. In case of breach of contract by the buyer, especially in the case of default or breach of contract under section 2.1 and 2.4, Galeria Eldorado shall be entitled to withdraw from the contract and demand the return of the goods.

7. Warranty

1. The buyer has the choice of whether the rectification of shipment may be improved replaced. Galeria Eldorado is entitled to the type of postage; this may only be refused if it is connected with disproportionate costs and there is an alternative way to remedy this without significant inconvenience to the buyer.

2. If subsequent shipment fails, the buyer can decide instead of shipment, at his discretion, a reduction of the purchase price (reduction), ask for a cancellation of the contract (rescission) or compensation instead of shipment. If the buyer decides in favour of compensation instead of shipment, the limitations of liability in accordance with paragraph 8.1 and 8.2 shall apply. In case of minor defects, the buyer has no right of withdrawal.

4. By minor deficiencies, according to the law, wrong deliveries or quantity errors are meant.

5. The warranty period is one year from date of delivery.

 

8. Liability

1. For slight negligence, the liability of the Galeria Eldorado is limited to the foreseeable, typical, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of Galeria Eldorado.

2. The above limitations do not affect the claims of the buyer from product liability. The limitations of liability do not apply to Galeria Eldorado in case of bodily injury and damage to health or loss of life of the buyer.

 

9. Data storage

1. The buyer is informed in detail of the nature, extent, location and purpose of the collection, processing and use of personal data necessary for the execution of orders, as well as his right to the use of an anonymous user profile for the purposes of advertising, market research and demand-oriented design of service.

2. The customer consents to the collection, processing and use of personal data expressly. He has the right to revoke this consent at any time effective for the future.

10. Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN sales law, whose applicability is hereby expressly excluded. This choice of law applies only to the extent that the protection afforded is not revoked by mandatory provisions of the laws of the State in which the consumer has his habitual residence.

 

11. Writing

Changes or additions to the contract must be in writing. This also applies to a change in the written form.

 

12. Interpretation

Should one or more provisions of these General Terms and Conditions become invalid or unenforceable, the validity of all other provisions or agreements shall not be affected. The wholly or partially invalid provision, after agreement by both contractual parties, will be replaced by a provision that matches the economic purpose of the invalid or unenforceable provision as closely as possible in a legally permissible manner.