STANDARD BUSINESS TERMS (SBT)

1. Conclusion of the contract
 
By ordering, you commit to a contract with us. We can accept your offer by sending an order acknowledgement via email or by delivering the merchandise. First, you will receive an order acknowledgement to the email address provided to us by you. The contract is not realized until we send you an email acknowledging your order, or the delivery of the merchandise.
 
Ordering in our online shop comprises a total of four steps. During the first step, you chose the desired merchandise. During the second step, you supply us with your personal data, including billing address and if differing, shipping address. During the third step, you chose a method of payment. During the last step you have the possibility to check and if necessary to correct all information provided (i.e., name, address, method of payment, merchandise) before you submit your order to us by clicking on “submit order”.
 
2. Saving the text of contract
 
We do save the text of contract of your order. You can print the text of contract before the shipping process by clicking on “print” during the last step in the order process. We will also send you an order confirmation, as well as an order acknowledgement with the entire data of your order as well as the SBT to the email address provided by you.
 
3. Reservation of ownership
 
The merchandise remains the property of OM SHIVA & SHAKTI until complete payment and receipt in full of all demands.
 
4. Prices, shipping cost, return shipping cost in case of revocation of a contract
 
All sale prices are final and include VAT. The price does not include the shipping and handling cost. If you want to revoke the contract and return merchandise, you are responsible for paying the cost of the return, if the retuned merchandise meets the order, if the price of the merchandise to be returned does not exceed forty euros or if with a higher price of the merchandise during the time of the revocation quid pro quo had not been done justice or a partial payment as stipulated in the contract has been paid. Otherwise, the return is free of charge for you. If you life outside the EU the postage for your return won't be free except our delivery was damaged or incomplete.
 
Please not the following when returning merchandise within Europe:
 
- Please repackage the merchandise in its original packaging
- Please include your bank account information if you have pre-paid (not applicable for PayPal payments).
- For returns, with a merchandise value exceeding forty euros, we generally reimburse EUR 3.90 for shipping charges.
- Returns with a merchandise value under forty euros must be returned to us sufficiently stamped
- Questions about the return process? Email us at: info@om-shiva-shakti.com
 
OM SHIVA & SHAKTI
Lieselotte Bartonik
Fritz-Dann-Str. 12 b 
90596 Schwanstetten
Germany
 
Questions and comments:
Phone: +49 (0)9170 - 29 37
Email: info@om-shiva-shakti.com 
 
We neither accept nor bear the cost for insufficiently stamped mail.
 
Incidentally, the below mentioned right of revocation is applicable:
As a consumer, you have the right to revoke your contract within two weeks in text format (i.e. letter, fax, email) without reasoning or by returning the merchandise. The grace period starts as soon as you receive the merchandise and a cancellation policy in textual form, to be submitted seperately. In order to keep the terms of the contract, please return the merchandise or the revocation of the contract within the aforementioned time period.
The revocation is to be sent to:
 
 
OM SHIVA & SHAKTI
Lieselotte Bartonik
Fritz-Dann-Str. 12 b
90596 Schwanstetten
Germany
info@om-shiva-shakti.com
 
5. Delivery terms
 
If not otherwise specified in the offer, we ship within two working days of receipt of payment. The shipment is carried out and priced at as specified by the shipping and handling terms. For shipments abroad, unless otherwise specified, shipping and handling is calculated based on weight.
If the buyer wants a special type of delivery incurring a higher cost, it is the buyers responsibility to cover the extra cost.
If the buyer purchases the merchandise for his or her commercial or professional activity, he or she incurs the danger of accidental destruction and accidental damage as soon as OM SHIVA & SHAKTI 
hands over the merchandise to the carrier, hauler or any other person or institution in charge of shipping the merchandise.
For distributors, a special delivery period of 1-2 weeks is applicable.
 
 
6. Payment terms
 
Payment can either be submitted by pre-payment via wire transfer or via PayPal. For prepayment via wire transfer, we supply you with the account information in the order acknowledgement.
The balance is to be wired into our account within ten days. A lien is only applicable in case of claims resulting from the same contract.
 
7. Warranty
 
7.1. Warranty towards consumers
 
OM SHIVA & SHAKTI assumes responsibility for the merchandise being free of defects upon delivery.
If a material defect appears within six months of the purchase, it is assumed, that the merchandise was already defective at the time of purchase, unless the assumption is inconclusive concerning the type of article or the defect. If the defect appears later than six months after the delivery, the buyer has to prove, that the material defect was already apparent at the time of the handover of the merchandise. If the merchandise is defective upon delivery, it is the buyer’s choice, whether he wants an amendment or a replacement of the merchandise. OM SHIVA & SHAKTI reserves the right to refuse the type of supplementary performance, if it is only possible with disproportionate costs and the other type of supplementary performance does not bear a considerable disadvantage to the buyer.
As a general rule, the buyer can demand a lower price or withdraw from the contract as well as demand compensation, should the supplementary performance not be fulfilled, 
The buyer cannot withdraw from the contract due to negligible defects.
The buyer’s right to claim against defects lapses within two years. When purchasing used goods, claims lapse after one year.
 
7.2. Warranty towards entrepreneurs
 
If the agreement between OM SHIVA & SHAKTI and the buyer is a commercial transaction, the buyer has to inspect the merchandise immediately for quality and quantity and inform OM SHIVA & SHAKTI of noticeable defects or incorrect quantities in writing within a week upon receiving the merchandise; otherwise the buyer renounces his right to a claim.
Om SHIVA & SHAKTI is to be informed of hidden defects in writing within a week of noticing the defect. (Date of postmark).
The buyer is solely responsible for all claims, especially the defects, responsible for noticing the defect as well as reporting the defect within the noted time period.
OM SHIVA & SHAKTI assumes responsibility for defects by mending or replacing the merchandise – OM SHIVA & SHAKTI’s choice.
The buyer’s right to claim against defects lapses after one year.
If OM SHIVA & SHAKTI replaces the merchandise in order to fulfill the contract, OM SHIVA & SHAKTI reserves the right to demand the return of the damaged merchandise from the buyer.
Damage incurred due to improper storage or handling or while unpacking or managing the merchandise does not warrant a claim against OM SHIVA & SHAKTI.
 
8. Privacy
 
During initiation, conclusion, handling and reverse transaction of a contract, we collect, save and process data as laid out by the provisions of law. When visiting our internet presence, we log your current IP address, date and time, the type of browser, the type of operating system, as well as the pages you view. Drawing inferences from this about personal data is impossible and not intended.
 
The personal data that you provide us with, for example via email when placing an order (i.e. your name and contact information) is only used to correspond with you and is only processed for the purpose that you have provided your data for.
We only pass on your information to the carrier in charge of delivering your merchandise, should it be necessary for the delivery process.
We pass on your payment information to the credit institute in charge of handling your payment.
 
We assure that we do not pass your personal data to third parties, unless bound by law, or after you have given your consent. When utilizing third parties to implement and process data processing, we abide by the Federal Data Protection Act.
 
Length of storage: Personal data, supplied to us via our website, is only stored until the purpose for which it has been stored, has been fulfilled.
When taking commercial and tax law retention periods into consideration, some data may be stored for up to ten years. 
 
Your rights: Should you no longer agree to having your data stored, or should your data be no longer correct, we will - according to statutory regulations - have all data deleted, corrected or suspended at your request. We will provide all personal data stored in your name at your request at no charge.
 
For questions on data collection, processing or usage, for information, correction, suspension or deletion of data, please contact:
 
OM SHIVA & SHAKTI
Fritz-Dann-Str. 12b
90596 Schwanstetten
Germany
+49 (0)9170 - 29 37
info@om-shiva-shakti.com
 
Links on other websites: We reserve the right to not take responsibility for the correctness and completeness of content of third party websites, linked to our website. Since we have no bearing on third partied abiding by the Federal Data Protection Act, use caution when checking the privacy statements of others.
 
9. Applicable law and place of jurisdiction
 
Exclusively German law is applicable. This choice of law and jurisdiction is applicable to the consumer only, in that no necessary lawful restrictions of the country where he or she has a place of residence are restricted. As long as the customer is not a user, Schwabach is chosen as the place of jurisdiction.
 
10. Salvatorius clause
 
Should a clause of the STB be invalid or unenforceable, the remainders of the clauses of the STB are unaffected, unless by omitting one clause one of the parties is placed under such hardship, that the upholding of the contract would be no longer reasonable.

Back

Community

Abonnements

Contact