General Terms and Conditions
1.1. These General Terms and Conditions shall apply to all orders placed with our online store www.oystershop.de.
1.2. Unless expressly agreed otherwise, we do not accept the application of your own terms and conditions.
2. Conclusion of the Agreement
2.1. The purchase agreement is concluded with UAB Gilde.lt, Kauno Str.. 34, 03202 Vilnius, Lithuania.
2.2. Products presented in our online store do not constitute a legally binding offer and they merely represent a non-binding invitation to order goods. By clicking on the button “Order and pay now” you place a legally binding order for the delivery of the goods placed in your bag. The confirmation of order will be sent to you immediately after you place an order and, for the meantime, it shall not constitute an acceptance. We can accept your order within a period from 4 to 6 days by sending a confirmation of your order as a separate e-mail message or by delivering the goods. The period for acceptance of your order shall commence on the day of the order by the Customer and shall expire within a period from 4 to 6 days after the order was placed.
2.3. In addition, a legally binding agreement may be concluded earlier in the following cases:
- if you choose payment by credit card, the agreement shall be considered as concluded from the moment the funds are debited from your credit card;
- if you choose payment using PayPal, the agreement shall be considered as concluded from the moment your transfer to a PayPal account is confirmed;
2.4. In cases where several of the above options are available, the agreement shall be considered as concluded from the moment of the earliest choice of one of the above options. If your order is not confirmed by the Seller within the time limit set above, your order shall be considered to be rejected and thus you are not obliged to follow your statement of intent.
2.5. We save the text of the agreement and e-mail your order details together with our General Terms and Conditions to you. In addition, you can access the General Terms and Conditions at any time on this website and download them. You can view your previous orders on our user login area.
2.6. Agreements shall be concluded in German.
3. Prices, Supply and Shipment Conditions
3.1. All prices include the value added tax in the amount set by the legislation of the Republic of Lithuania. For goods imported in countries other than Germany restrictions on exports, customs duties and taxes on imports to be paid by you may be applicable. They may vary in different customs areas. You bear responsibility for the full payment of all customs duties, taxes and fees applicable.
3.2. Unless agreed otherwise, the goods shall be supplied by sending them to the delivery address specified by you. The transaction shall be performed according to the delivery address specified by you in the order form.
3.3. We are entitled to cancel the agreement if we are unable to supply the product ordered due to the failure to supply it to us by our suppliers other than through our fault. In such a case we will notify you immediately thereof and, if required, will offer an equivalent product. If no equivalent products are available or you do not wish to receive an equivalent product, we will return the amount paid by you immediately (if applicable).
3.4. We are entitled to deliver the goods in separate parcels, if such delivery is acceptable to you. Additional shipment costs shall be charged only in cases where they have been expressly agreed upon.
3.5. A fixed fee for shipments to Germany shall amount to EUR 5.95 per order. No shipment fee shall be applicable to orders with the gross value of at least EUR 59.
3.6. A fixed fee for shipments to EU countries except for Germany (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Italy, Ireland, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Czech Republic, Hungary, Cyprus) shall amount to EUR 12 per order. The shipment fee shall not be applicable to orders with the gross value of at least EUR 150.
3.7. A fixed fee for shipments to Norway and Switzerland shall amount to EUR 17 per order. The shipment fee shall not be applicable to orders with the gross value of at least EUR 300.
3.8. A fixed fee for shipments to Great Britain shall amount to EUR 25 per order. The shipment fee shall not be applicable to orders with the gross value of at least EUR 300.
3.9. A fixed fee for shipments to the US, Canada, Australia and New Zealand shall amount to EUR 40 per order. The shipment fee shall not be applicable to orders with the gross value of at least EUR 300.
3.9. Individual agreements are possible.
3.10. Any damage caused in the course of carriage of the goods shall be notified to us within 3 business days.
4. Payments and Accounts
The following payment methods may be used in our store:
4.1. Advance payment
If you choose to pay in advance, we grant a 3 per cent discount, specify our bank account in the order confirmation and, upon receipt of your payment, we deliver the goods to you.
4.2. Payment by credit card
A relevant amount will be debited from your bank account upon the completion of the transaction. We accept Mastercard, Visa, Maestro and Amex credit cards and for payments we need your credit card number, expiration date and 3-digit security code printed on the back of your card. The funds will be debited from your bank account immediately. In cases of returns, the respective value of the goods returned will be immediately credited to your bank account.
You shall pay the amount specified in the invoice via the e-payment system PayPal. You need to have a registration in this system or first you have to register in it and to confirm your identity and your transfer to us by entering your access data (except for cases where you sign in the system as a guest). You will receive further information in the course of the processing of your order.
For this purpose, a returns receipt and a returns label are included with your purchase (only in Germany). Please complete the returns receipt correctly and add it to the goods returned. You may use the returns label to present the returns parcel in post office without any shipping fee. Please note that both these documents are not necessary for you to make an effective use of your consumer’s right of withdrawal.
For returns shipments with the gross value of less than EUR 59, we charge a returns fee of EUR 4.95, which is deducted from the amount returned, except for cases where goods not ordered were delivered or where quality claims have been made.
You are entitled to use the right to return the goods free of charge only if the goods are returned in their original set, not damaged and in their original package.
No returns of goods manufactured to the customer’s specifications or custom-made for him will be accepted.
6. Right and Consequences of Withdrawal
6.1. Right of Withdrawal
You are entitled to withdraw from this agreement without indicating any reasons for withdrawal within 21 days. You may withdraw from the agreement within 21 days from the date of acceptance of the goods by you or a third party which is not a carrier.
In order to use your right of withdrawal, you have to notify us (Gilde.lt, Kauno g. 34, LT-03202 Vilnius, Lithuania, phone: +49 (0)40-53437522, fax: +.+49 (0)40-53437514, e-mail: firstname.lastname@example.org) about your decision to withdraw by expressly stating it (e.g. by mail, fax or e-mail). For this reason, you may use a Sample Withdrawal Form attached, which is not mandatory.
A withdrawal shall be deemed to have been made in a timely manner if you send a notice about it by the expiry of the time limit set. You may submit either the Sample Withdrawal Form (as provided here in a PDF format) or any other express statement.
6.2. Consequences of Withdrawal
After you withdraw from the agreement, we shall refund to you all the amounts received from you including delivery costs (except for additional costs arising due to your choice of a favorable standard delivery method other than offered by us) immediately but not later than within 21 days from the date of receipt of your withdrawal notice. Unless otherwise expressly agreed upon with you, we will refund your payment in the original currency used by you; you will not receive any benefit as a result of the refund. Notwithstanding the aforesaid, we are entitled to refuse to make a refund until we receive the goods.
You shall immediately, but in any case not later than within 21 days from the date of your notice to us about withdrawal, ship or hand over the goods to us (Gilde.lt, UAB, c/o OYSTER & Co, UAB, Segeberger Chaussee 465, 22397 Hamburg). In order for goods to be returned or handed over in a timely manner, you shall ship them before the expiry of the 21-day time limit. A returns label is included for shipments in Germany. We cover the shipment costs of the goods marked with this label. In all other cases, direct shipment costs for returns shall be covered by you. Any loss which has occurred due to the reduced value of the goods shall be borne by you only in cases where such reduction in value has occurred due to handling the goods in order to check their quality, characteristics and safety to the extent not necessary.
6.3. The withdrawal right shall not apply to the following agreements:
- agreements for supply of goods not manufactured in advance and manufactured according to an individual choice of a customer or to his specifications, or of expressly personalized goods.
7. Manufacturer’s and Statutory Warranty
Statutory rights to make claims regarding the quality of goods shall apply. Information about additional warranties and their conditions is delivered with a respective product and it is also available on special info pages of our online store.
8. Retention of Title in the Goods
We shall retain the title to the goods delivered until they are fully paid for.