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GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION

TABLE OF CONTENTS:

  1. General Terms and Conditions
  2. Scope of Application
  3. Conclusion of the Contract
  4. Return Shipping Charges when Exercising the Right of Revocation
  5. Prices and Payment Conditions
  6. Shipment and Delivery Conditions
  7. Liability for Defects
  8. Applicable Law

 

  1. Customer Information
  2. Information on the Seller’s Identity
  3. Information on the significant Characteristics of the Goods or Services
  4. Information on the Conclusion of the Contract
  5. Information on Payment and Delivery
  6. Information on Technical Steps leading to the Conclusion of the Contract
  7. Information on Storing the Wording of the Contract
  8. Information on the technical Tools for Recognizing and Correcting input Errors
  9. Information on the Languages available for the Conclusion of the Contract

 

  1. General Terms and Conditions
  2. SCOPE OF APPLICATION

 

1.1. These Terms and Conditions of the company De La Mer Day Spa (hereinafter referred to as “Seller”) shall apply to all contracts concluded between the Customer and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated.

 

1.2 Customers pursuant to Section 1.1 are both consumers and entrepreneurs, whereas consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity and entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

 

  1. Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

 

2.2 The Customer may submit the offer in writing, by fax, e-mail or by the online order form integrated into the Seller’s online shop. When placing an order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping cart after entering his/her personal data and by clicking the button “place order” during the final step of the ordering process.

 

2.3 The Seller may accept the Customer’s offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation, or by delivering the goods within five days. The Seller reserves the right to refuse the order.

 

2.4 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer’ responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

 

  1. Return Shipping Charges when Exercising the Right of Revocation

Should the Customer have the right of revocation, he/she is obliged to bear the standard return shipping charges when exercising the right of revocation provided that the price of the returned goods does not exceed an amount of 40 Euros, or, in case of a higher price of the goods, the Customer has not made payment in full or in parts at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the Seller bears the return shipping charges. Items cannot be exchanged or refunded once the product has been opened.

 

  1. Prices and Payment Conditions

4.1 All prices indicated by the Seller are final prices which means that they include any price components including the UAE legal customs tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

 

4.2 For deliveries within UAE the Seller offers the following payment methods, unless otherwise specified in the respective product description:

 

Prepayment by money and/or bank transfer,

Direct debit,

Paypal,

Credit card (Visa, MasterCard)

 

4.3 If international dispatch is additionally offered for the respective product, the Customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:

 

Credit Card (Visa, MasterCard)

4.4 For deliveries to countries outside the GCC, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.

 

4.5 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

 

  1. Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated during the Seller’s order processing shall be applicable.

 

5.2 Should delivery to the Customer not be possible, the assigned transport company returns the goods to the Seller and the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer hereby exercises his/her right of revocation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Customer for a reasonable time in.

 

  1. Liability for defects

The statutory liability for defects applies.

 

  1. Applicable Law

7.1 The law of the UAE shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his/her habitual residence.

 

7.2 If the Customer is a businessman, a legal entity of public law or a public special estate, the court of jurisdiction for all legal disputes arising from this contract shall be at the Seller’s place of business. The same applies if the Customer does not have a general court of jurisdiction or place of residence in UAE, or if the typical place of residence is not known at the time legal action is commenced. The right to go to court at a different court of jurisdiction remains unaffected hereof.

 

7.3 The contractual language is English.

 

  1. Customer Information
  2. Information on the Seller’s Identity

 

De La Mer Day Spa

Umm Suqueim 1, Villa 783, Jumeriah

Dubai, UAE /

Telefone: +971 04 3282775

E-Mail: info@delamerspa.com

 

Owner: Moira Pirzad

Court of registry: UAE

 

 

  1. Information on the significant Characteristics of the Goods or Services

The significant characteristics of the goods or services result from the respective product description presented by the Seller.

 

  1. Information on the Conclusion of the Contract

The contract shall be concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).

 

  1. Information on Payment and Delivery

Die Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).

 

  1. Information on Technical Steps leading to the Conclusion of the Contract

The contract is concluded by offer and acceptance.

 

5.1. Should the Customer use the Seller’s online order form for his/her order, he/she submits his/her offer as follows:

 

5.1.1. On the Seller’s web page where the range of products is presented, the Customer in the first step clicks the “Add to shopping cart” button. A new page then opens displaying the contents of the shopping cart.

 

5.1.2. The Customer in the second step then, or after he/she placed other goods into the virtual shopping cart, clicks on the “Checkout” button. Has the Customer not yet been registered or logged in, a new page opens. On this page and as intermediate step, the Customer needs to either register and open a customer account or login if he/she is already registered as a Customer. Should he/she already be a registered Customer, he/she fills in the “E-mail address” and “Password” fields and afterwards clicks the “Anmelden” button. Should he/she not yet be registered as Customer, he/she fills out the form and clicks the “Continue” button. Then a new page opens displaying the invoice address and delivery address providing an opportunity to edit the addresses or to add additional addresses.

 

5.1.3 In the next step the Customer clicks on the “Continue“ button.

 

5.1.4. A new page opens which summarizes the payment method. In the next step the Customer clicks on the “Continue“ button. A new page opens which summarizes the payment method.

 

5.1.5. In the last step the Customer clicks on the “Place order” button.

 

5.2. The Seller accepts pursuant to Section 2.3 of the General Terms and Conditions of the Seller (see above).

 

  1. Information on Storing the Wording of the Contract

The contract text is stored by the Seller and is sent to the Customer after dispatch of the order in addition to the General Terms and Conditions and Customer Information in writing (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be recalled free of charge by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller’s online shop before dispatching his/her order.

 

  1. Information on the technical Tools for Recognizing and Correcting input Errors

Prior to the binding submission of the order, the Customer may continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window prior to the binding submission of the order and may be corrected there using the standard keyboard and mouse functions.

 

  1. Information on the Languages available for the Conclusion of the Contract

The German language is exclusively available for the conclusion of contract.