METALCLAY-SHOP.COM
Owner: Sandra Quell
124-126 avenue de Luxembourg
L-4940 Bascharage
Handelsermächtigung: 121735/121735A
§1 General
The following general terms and conditions apply to all contracts between Metalclay-Shop.com (hereinafter referred to as "Metalclay-shop") and the customer (hereinafter referred to as "customer") in the version valid at the time of the order.
Customer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§2 Applicable Law, Contract Language, Place of Performance and Jurisdiction
2.1 Any contractual relationship with Metalclay-shop shall be governed exclusively by Luxembourg law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2.2 The contract language is German or French.
2.3 If the customer is a merchant in the sense of the German Commercial Code or a legal entity under public law, the place of performance of the service and any claims for supplementary performance shall be the registered office of Metalclay-shop.
2.4 All disputes that may arise from these terms and conditions or from the contract are subject to the exclusive jurisdiction of the courts in Luxembourg.
§3 Dispute resolution
3.1 According to applicable law, Metalclay-shop is obliged to inform consumers about the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be found at https://ec.europa.eu/odr.
Metalclay-shop is not willing to participate in dispute resolution procedures under the European Online Dispute Resolution Platform. However, Metalclay-shop offers the customer in particular the possibility to contact Metalclay-shop by phone, Whatsapp or email.
3.2 Metalclay-shop does not participate in dispute resolution proceedings before a consumer arbitration board.
§4 Conclusion of contract
4.1 All offers are always subject to change. The presentation of the products does not constitute a legally binding offer. The sales contract is only concluded after Metalclay-Shop has accepted the order.
4.2 The order is accepted by Metalclay-shop by a corresponding status update in the store or at the latest by the delivery of the goods.
4.3 The customer will be informed about the status change by email.
4.4 If the customer chooses to pay by bank transfer, the status change will be made only after receipt of payment.
§5 Prices, shipping costs
5.1 The indicated prices are in Euro (gross price, net price).
5.2 If the location determination is allowed in the browser, the prices are displayed with the respective sales tax. If this is not the case or the location determination did not work properly, then the customer can select the respective country manually on the page. The gross price will then be displayed with the valid sales tax of the respective country. By default, the prices are displayed with Luxembourg VAT.
5.3 Payment is made by bank transfer, Paypal, credit card or any other service offered. Depending on the customer segment Metalclay-shop can exclude different payment methods.
5.4 For the electronic payment Metalclay-shop uses the services of an external service provider. All necessary data for the payment will be stored at this service provider.
5.5 The shipping costs are charged according to the information on the website. In many cases the customer has different shipping options to choose from.
5.6 Not or incompletely paid orders will not be shipped. Metalclay-shop reserves the right to cancel these orders after 30 days.
§6 Delivery
6.1 The articles are in stock unless otherwise stated or due to incorrect information.
6.2 The order will be shipped as soon as possible.
6.3 The customer will be informed by email when the package has been handed over to the service provider. He can track the shipment at any time via the link contained in the mail.
6.4 Orders are also accepted during the company vacations. In this case, a pop-up on the first page of the store informs the Customer about the delayed shipment. Orders will be shipped in chronological order from the end of the shop vacations (first come, first serve).
6.5 Metalclay-Shop is responsible for the shipment and is liable for damages in transit (for consumers). The liability is transferred to the customer upon delivery. In order for Metalclay-Shop to take care of compensation or replacement, the customer has to check the package for obvious damages and check the content upon delivery. If the customer finds that the goods are damaged, then he must immediately report the damage to Metalclay-Shop and follow the instructions. Procrastination in recording the facts may lead to the reversal of the order. This does not limit the legal rights and obligations of the customer.
6.6 Metalclay store offers a choice of several delivery services. Delivery by UPS Standard is generally the fastest option. Nevertheless, Metalclay-Shop cannot be held responsible for any delivery delays. The customer can contact our customer service in such a case. Metalclay-Shop will gladly help the customer to contact the logistics service provider.
6.7 There are no guaranteed delivery times for standard packages. The post office (and partner companies of the post office such as DHL) considers a package as lost if it is in transit for more than 30 days. After the expiration of this period, the sender can make a request for investigation. Metalclay-Shop offers the possibility of a replacement delivery after this period has expired.
6.8 The delivery is made to the delivery address of the customer. The deliverer usually makes up to two delivery attempts before the package is delivered to a service point. The customer is requested to pick up the package there.
6.9 If the customer does not pick up the package at the service point within the specified period, the package will be automatically returned to Metalclay-shop. The customer will be informed about it. If the customer does not request a new delivery (with costs), the conditions §7 7.3 will be applied.
6.10. The delivery address must not be a post office box, parcel forwarder or similar if the delivery is not made by mail. House, doorbell or mailbox must be clearly marked with the same name as specified in the order so that a smooth delivery can take place.
§7 Right of withdrawal of the customer as a consumer
7.1 Consumers shall have a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
7.2 The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise the right of withdrawal, the customer must inform Metalclay-shop by means of a clear statement by email at cancel@metalclay-shop.com of the decision to withdraw from this contract.
7.3 If the customer cancels this contract, Metalclay-shop will refund all payments minus the delivery costs and possible bank charges (also Paypal fees and the like), Since the return is made to a post office box and this is emptied only once a week, a small delay is to be expected.
The customer must return or hand over the goods immediately and in any case no later than within fourteen days from the day he informs Metalclay-shop about the cancellation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.
7.4 Metalclay-shop may refuse the refund or grant a partial refund for opened consumables such as metal clay, 2k silicone, inks, grinding sponges and all other similar items, furnaces with clear signs of use and all other items with signs of use that can no longer be resold.
The customer bears the direct costs of returning the goods.
§8 Warranty
The legal warranty regulations apply.
§9 Retention of title
Metalclay-shop retains ownership of the goods until full payment of the purchase price.
§10 Liability limitations
The responsibility about the proper use of the products is incumbent on the customer or the user of the products.
The products on the site of Metalclay-Shop are primarily intended for use with metal clay and other polymer clays as well as for work in the field of goldsmithing.
10.1 The customer is obliged to inform himself about the properties, proper use as well as existing risks, especially concerning an improper use of the products.
10.2 Excluded from the warranty are damages caused by incorrect operation or improper use.
10.3 We do not guarantee the suitability for the intended use of the products offered by Metalclay-shop.
10.4 Metalclay-shop is not liable for improper use of the products.
10.5 The description of the product in the store of Metalclay-shop must not necessarily be detailed.
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Status of the terms and conditions: 09.11.2022