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Terms of service

1) SCOPE

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of DMVE sàrl - Relax-Cottage (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with respect to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall also apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business, or profession.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or

  • delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

  • requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day of sending the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, resulting in the Customer being no longer bound by their declaration of intent.

2.4 When an offer is submitted via the Seller’s online order form, the contract text shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer after the order has been sent in text form (e.g. by e-mail, fax, or letter). The Seller will not provide any further access to the contract text beyond this.

2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.6 The contract shall be concluded exclusively in the German language.

2.7 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered, even when spam filters are used.

3) RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and must be borne by the Customer. These include, for example, fees for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If payment is made by credit card via Stripe, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative result.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods shall be made by shipping to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return costs, the provision set out in the Seller’s withdrawal policy shall apply in the event of an effective withdrawal.

5.3 Self-collection is possible by prior arrangement.

5.4 Vouchers are provided to the Customer as follows:
– by e-mail

6) RETENTION OF TITLE

If the Seller makes advance payment, they retain ownership of the delivered goods until the full purchase price owed has been paid.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 If the Customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual warranty claims.

8) REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Certain products may be excluded from the voucher campaign, as indicated in the respective voucher terms.

8.3 Promotional Vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

8.7 The balance of a Promotional Voucher will not be paid out in cash or earn interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partly by means of the Promotional Voucher within the framework of their statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent unawareness of the holder’s lack of authorization, incapacity, or lack of representation authority.

9) REDEMPTION OF GIFT VOUCHERS

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise specified on the voucher.

9.2 Gift Vouchers and any remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

9.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.

9.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent unawareness of the holder’s lack of authorization, incapacity, or lack of representation authority.

10) APPLICABLE LAW & JURISDICTION

All legal relationships between the parties shall be governed by the laws of the Grand Duchy of Luxembourg, excluding the laws governing the international sale of movable goods. In case of dispute, Luxembourg law applies exclusively, and the courts of Diekirch shall have exclusive jurisdiction. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) ALTERNATIVE DISPUTE RESOLUTION

11.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.