General Terms and Conditions

Dear Customer,

The following General Terms and Conditions govern the sale of our goods to you as the end consumer. By placing an order, you agree to these terms and conditions. Please read the provisions carefully before placing an order. The General Terms and Conditions can be accessed, saved, and printed at any time on our website www.shop.arcaya.de.

We hope you enjoy shopping with us and our products!

Your arcaya team

§ 1 Scope of application

1. You may only shop in our online store if you are at least 18 years old.

2. Our offer on this website is directed exclusively at consumers. If you wish to purchase our products in the course of a commercial or self-employed professional activity, i.e. as an entrepreneur within the meaning of § 14 BGB (German Civil Code), please contact us directly first. You may be able to obtain access to our specialist trade shop and purchase goods there under the conditions specified there.

§ 2 Registration

1. Registration offers you numerous advantages: faster payment when shopping, access to the status of current orders and order history, etc. However, registration is not mandatory for making a purchase (order as a guest).

2. If you would like to register, please proceed as follows:

Click on the “Login” tab and then on the “Create user account” button to access the registration area. There, you only need to enter your name and an email address. You will then receive a registration confirmation email containing your login details. You can use these login details to log in to our shop via the “Login” or “My user account” tab.

3. You must keep your password secret and carefully secure access to your account. You must inform us immediately if you have any indications that your access has been misused.

§ 3 Order process/conclusion of contract

1. To place an order, first navigate to a product. There you can see the sales price, the item description, and further details (availability, delivery time, etc.). Once you have decided on a product, select the quantity you wish to order. Then click on the “Add to cart” button.

2. You can then navigate to other products and add them to your shopping cart. You can click on the shopping cart icon at any time. From there, click on “Go to shopping cart” to view your selection and make changes. You also have the option of entering a discount code there, if we offer one.

3. Once your shopping cart is full, you can initiate the order by clicking on the “Proceed to checkout” button.

There you have the option of registering as a customer, i.e. creating a user account, or logging in as an existing customer with your email address and password. Alternatively, you can skip registration and order as a “guest.”

4. On the following pages (after clicking the “Continue” button), please enter your billing address and (if different) delivery address and your other contact details (name, address, email address, telephone number) and select the desired shipping method and payment method.

5. By clicking the “Continue” button again, you will be taken to the order overview (highlighted by a black border in the display). Here you can see a summary of the items, price, quantity, shipping method, and shipping costs. You will always find another summary on the right-hand side under “Your order progress.”

6. Please check your details carefully once again. If necessary, you can change them or correct any errors using the “Edit” button. Before you can complete your order, please confirm by clicking on the two corresponding boxes that you have read our General Terms and Conditions and the cancellation policy and that you expressly agree to the inclusion of the General Terms and Conditions.

7. The representations on the website do not constitute offers on our part. Rather, you submit a binding purchase offer to us when you click on the “Place order” button at the end of the ordering process.

8. Immediately after placing your order, you will receive an order confirmation by email, which will contain the details of your order.

9. Conclusion of contract: We accept your purchase offer either by sending a shipping confirmation (usually by email), by delivering the goods, or by making an express declaration. Before this, you can cancel your order at any time and we can reject your offer.

10. Acceptance of the offer and thus the conclusion of the purchase contract are subject to you having placed the order in accordance with the terms and conditions of our website. For example, no contract for the delivery of more than the two free samples provided for on the website will be concluded, even if you have ordered a larger number of free samples. This also applies if we have confirmed the order (automatically) by sending a shipping confirmation or delivering the goods.

§ 4 Payment/Delivery/Invoice/Retention of Title

1. Shipping will take place (except in the case of cash on delivery, if we accept this payment method) as soon as we have received payment in advance by bank transfer. Please note that the information on availability and delivery times is provided to the best of our knowledge, but cannot be guaranteed. We also ask for your understanding that we only supply consumers with quantities that are customary for household use.

If payment is not made within four weeks, we are entitled to cancel your order, i.e., to definitively reject your offer to conclude the purchase contract.

2. We can provide you with additional payment options. However, we are not obligated to offer these and may also refer customers to a specific payment method. The payment methods available to you will be displayed during the ordering process.

3. Payments made via SOFORT Überweisung, PayPal, and Giropay are also considered advance payments within the meaning of § 4 No. 1, provided that we accept these payment methods. When paying by credit card, the goods will be shipped as soon as the payment amount has been reserved for us on the credit card account.

4. You may only offset counterclaims if these claims have been legally established or are not disputed by us. Counterclaims arising from the same contractual relationship are excluded from this prohibition of offsetting. You are only authorized to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.

5. You agree to receive invoices electronically via email in PDF (Portable Document Format). You will receive the invoice with VAT shown separately together with the shipping confirmation.

6. The goods remain our property until full payment has been received.

§ 5 Right of withdrawal

As a consumer, you have the following right of withdrawal:

Widerrufsbelehrung

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (arcaya GmbH, Konrad-Zuse-Str. 7b, 84579 Unterneukirchen, phone number +49 8634627170, fax number +49 86346271711, email address info@arcaya.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

We will bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery.

END OF THE CANCELLATION POLICY

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back to us.

§ 6 Claims for defects

If the goods you have purchased are defective, you are entitled to the statutory claims for defects without restriction.

§ 7 Liability

We shall be liable for any breach of material contractual obligations by us or our vicarious agents. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as the contractor can regularly rely. Otherwise, we shall only be liable in cases of intent or gross negligence on our part or on the part of our vicarious agents.

Insofar as we are liable for slight negligence, liability shall be limited to such typically occurring damages that were reasonably foreseeable for us at the time of conclusion of the contract.

The above limitations of liability shall not affect liability for delay, claims under the Product Liability Act, producer liability, and other mandatory statutory provisions. We shall also be liable without limitation for damages resulting from injury to life, limb, or health.

Insofar as our liability is excluded or limited, this also applies in favor of our representatives, executives, and vicarious agents.

§ 8 Dispute resolution procedure

We do not participate in dispute resolution proceedings before a consumer arbitration board.

§ 9 Miscellaneous

1. Our contractual relationship shall be governed exclusively by German law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. The contract is concluded in German.

3. We do not store any specific contract text, only the order data itself. This will be sent to you by email together with the order confirmation.