4. Returns / Warranty / Arbitration
7. Retention of title
10.Amendment, selection of law, place of jurisdiction
The offer of the online order shop active under the designation Rivers and Clouds entails goods and services. All sales, deliveries and other services shall exclusively be according to the provisos of the present General Terms and Conditions of Business.
Rivers and Clouds processes your data within the handling of the order and in order to make the offer. Your data is guaranteed not to be forwarded to unauthorised third parties.
Rivers and Clouds sells to natural or legal entities with unrestricted legal capacity for own consumption. Without approval from Rivers and Clouds, resale of the articles marked with the brand “Rivers and Clouds” brand name shall not be permitted.
The data necessary for logging in or ordering such as name, address, e-mail address etc. shall be stated completely and truthfully.
The prices on the date of ordering shall apply. They shall be repeated in the online order confirmation. All prices shall be understood inclusive of Value Added Tax.
The purchase contract shall originate by written confirmation of the order by e-mail on the part of Rivers and Clouds. All the details of the purchase contract shall be stated in the order confirmation.
Sales shall be only in quantities customary for households. We reserve the right to cancel orders from obvious resellers. If a product is not available for reasons of force majeure, Rivers and Clouds shall reserve the right to withdraw from the purchase contract relative to said product. Delivery shall be while stocks last.
4. Returns / Warranty / Right of withdrawal / Arbitration
Customer shall have the possibility of returning the commodities without stating reasons within a period of 30 days of receipt of the commodities, for which returning of the commodities in good time shall suffice. This shall in particular apply to all tea products. As tea products are food products for wich food safety laws count, they may only be returned if still sealed in their original container. Please consider the fact that only parcels with postage prepaid can be taken back; parcels without postage shall not be accepted. In the event of returns induced by a mistake by Rivers and Clouds, the costs of the return parcel shall be reimbursed to Customer.
Please comply with the following procedure for this:
1. announcement by e-mail (email@example.com), if possible with reason
2. return of the goods to: Rivers and Clouds, Engelsgrube 74, 23552 Lübeck
In any case, return of the goods must be in a packaging suitable for safe transportation and enclosing a copy of the invoice. Damage and delays to be put down to failure to comply with these requirements shall be charged to Customer.
Hidden defects which can only be discovered after the returns period shall be notified to us without delay after establishment. In the event of justified notification of obvious defects within 4 weeks of delivery and of non-obvious defects within 6 months of delivery, there shall be free after-working or replacement delivery. If this is not possible, Customer can choose between reduction of the purchase price and cancellation of the agreement.
The period of barring by limitation for statutory claims shall be 2 years.
As of February 15th 2016, the EU Commission provides an internet platform (the so called “OS platform”) for out-of-court settlements. The OS platform serves as port of call for out-of-court dispute resolutions, concerning contractual obligations resulting from online purchase agreements. Consumers are therefore given the opportunity to solve disputes arising from an online order without judicial intervention. This platform of mediation may be addressed here: http://ec.europa.eu/consumers/odr/
Rivers and Clouds shall supply the goods within Germany to the delivery address stated – if not expressly required to the contrary – against credit card payment, bank debit, COD, payment in advance or invoice (regular customer service). From an order value of EUR 50.00, delivery within Germany shall be free of dispatch costs, shipping to other countries is according to the applicable fees that are reguarly updated according to shipping rates of partner companies used. These can be seen when in checkout. For any further questions regarding shipping costs, please contact us directly before making an order!
All and any dispatch costs shall be stated on the order and the online confirmation. If a delivery – also as part of the gifts service – is not accepted or does not arrive due to a false delivery address on the part of Customer, Rivers and Clouds can charge the dispatch costs incurred from a repeat service.
If account or card data are stated incorrectly, Rivers and Clouds shall be allowed to debit the bank fees or the expenditure incurred subsequently.
In general, the commodities shall be dispatched on the weekday following receipt of the order. The further duration of delivery shall be determined by the parcel delivery enterprise (e.g. Deutsche Post) and cannot be influenced by Rivers and Clouds, with the result that we can assume no guarantee for the duration of dispatch stated. In normal cases, the dispatch duration within Germany is 1-3 weekdays.
We dispatch within Germany. Dispatch to other countries shall be by agreement. All and any customs charges and costs of international payments shall be charged to Customer and can be incurred subsequently, i.e. not stated on the order confirmation.
We shall inform you without delay of all and any delays in deliveries substantiated in the Rivers and Clouds enterprise.
Dispatch costs in Germany
From an order value of EUR 50.00, we dispatch free of dispatch costs within Germany. For a lower order value, dispatch costs of EUR 5.00 will be charged.
As a rule, your order leaves our house within 1 – 3 weekdays after receipt of the order. For dispatch within Germany, delivery normally takes 1 – 3 days, within the EU 3 – 9 days and to other foreign countries 3 – 15 days. We would request your understanding for the fact that delivery times are outside our sphere of influence.
Dispatch costs for international delivery
Dispatch costs to international delivery vary according to our delivery partners’ rates. For further information, please contact us directly!
Payment by direct bank debit
Rivers and Clouds shall only debit your account when the ordered articles have been dispatched. Please remember: payment by direct bank debit is only possible from a current account of a German bank.
When inputting a new customer address (also for gift consignments), repeat input of the payment data becomes necessary. This guarantees that an address is only changed by your express wish.
Payment by credit card
We accept Visa and MasterCard.
Factual debiting of your credit card is done automatically when the credit card is checked at the moment of ordering. When inputting a new customer address (also for gift consignments), repeat input of the payment data becomes necessary. This guarantees that an address is only changed by your express wish.
Payment by cash in advance
In payment by cash in advance, please only transfer the invoice amount stated in the order confirmation. We dispatch the goods until the workday after receipt of your payment.
Payment by COD
The COD charges are currently EUR 3.60. In addition, the service company makes a charge of EUR 2.00 on site, i.e. the dispatch charges are increased by EUR 5.60 per consignment.
Payment on invoice
The invoice amount is due for payment within 14 days of the receipt of the invoice. In arrears in payment, Customer shall be charged reminder fees.
7. Retention of Title
The commodities shall remain property of Rivers and Clouds until complete payment.
All tea articles have been provided with a use-by date, until the expiry of which Rivers and Clouds guarantees the quality of the goods. Rivers and Clouds gives 6 months warranty on all articles. Guarantees from manufacturers of accessories exceeding this shall remain unaffected.
Rivers and Clouds shall only be liable for damage based on malice aforethought or gross negligence. In a breach of cardinal contractual duties, Rivers and Clouds shall be liable for any culpable conduct.
Rivers and Clouds shall assume no liability for continuous availability of the Internet presence or for technical or electronic errors of the online offer.
Rivers and Clouds shall not be liable for damage caused by unauthorised parties shopping with the help of a user’s password. Rivers and Clouds shall likewise not be liable for damage incurred as a result of acceptance of parcels by third parties.
10. Amendment, selection of law, place of jurisdiction
Rivers and Clouds reserves the right to amend the present General Terms and Conditions of Business at any time without statement of reasons. Such amendments shall not apply to orders already made. Placing orders shall implicate acceptance of the General Terms and Conditions of Business valid at the time in question. Rivers and Clouds reserves the right to exclude customers from further participation as a result of a breach of the General Terms and Conditions of Business.
German law shall apply, ruling out UN purchase law.
If the customer is a businessman, Ahrensburg shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
If a provision of the present General Terms and Conditions of Business is ineffective, the remaining provisions shall be unaffected.
Date: January 1st, 2017
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
– on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
– on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
In order to exercise your revocation right, you must inform us (Rivers and Clouds, Moritz Tilman Holst, Oetjendorfer Landstraße 15, 22955 Hoisdorf, E-Mail: firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline.
We bear the costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
Specimen – revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
– To: Rivers and Clouds | Moritz Tilman Holst | Oetjendorfer Landstraße 15 | 22955 Hoisdorf | email@example.com :
– I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
– Ordered on (*)/ received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of a notification on paper)
(*) Cross out the incorrect option.