Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Customers who exercise their right of withdrawal and the costs involved
Article 9 – Traders’ obligations in case of withdrawal
Article 10 – Precluding the right of withdrawal
Article 11 – The price
Article 12 – Contract fulfilment and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Extended duration transactions: duration, termination and prolongation
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
Day: calendar day;
Digital content: data that are produced and supplied in digital form;
Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
Trader: Identity named in article 2. A webshop, business (legal entity) who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 – Identity of the trader
- Name trader: New Era Exotic
- Legal form of the company: Private Limited Company (Ltd.)
- Registered address: Beverly Hills, California
- Telephone number: +1 213 915 8518
- Email address: info@neweraexotic.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 – The offer
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer. If there is a contract the trader is not bound by obvious errors or genuine and honest price mistakes that a consumer should have noticed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Article 5 – The contract
The customer places the selected products in the shopping cart. The customer can change the data and products entered at any time during the ordering process before a binding order is placed. A binding order by the customer for the products/services contained in the shopping cart is placed by clicking on the button provided for this purpose. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium: the office address of the trader’s business location where the consumer can lodge complaints; the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal; information on guarantees and existing after-sales service; the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract; the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite; if the consumer has a right of withdrawal, the model form for right of withdrawal. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s). The period stipulated in para. 1 ends 14 days after the day the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or: if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part; with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product. Upon delivery of services and digital content that is not supplied on a material medium: A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s). The period stipulated in para. 3 commences on the day after the contract was concluded. Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal: If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7 – Consumers’ obligations during the withdrawal period
During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 8 – Consumers who exercise their right of withdrawal and the costs involved
A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer. If the consumer ships an item, they should consider using a trackable shipping service or purchasing shipping insurance. The trader does not guarantee that he will receive your returned item. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if: prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal; he did not acknowledge having lost his right of withdrawal upon granting his permission; or the trader neglected to confirm this statement made by the consumer. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 – Traders’ obligations in case of withdrawal
If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
Article 10 – Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract: Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal; Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services; Service contracts, after full completion of the service, but only if: implementation started with the explicit prior agreement of the consumer; and the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full; Package travels, package holidays and package tours as referred to in EU directive 2015/2302 and contracts on passenger transport; Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering; Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation; Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person; Products subject to rapid decay or with a limited shelf-life; Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery; Products that, due to their nature, have been irretrievably mixed with other products; Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence; Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery; The delivery of digital content other than on a material medium, but only if: the delivery commenced with the consumer’s explicit prior agreement, and the consumer declared that this implied his having lost his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, prices for the products and/or services offered will not be increased, except for price adjustments due to changes in VAT rates.
- Contrary to the previous paragraph, the trader may offer products or services at variable prices if these prices are subject to fluctuations in the financial market over which the trader has no control. The offer must specify these fluctuations and indicate that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract is concluded are only permitted if they result from statutory regulations or stipulations.
- Price increases more than 3 months after the contract is concluded are only allowed if the trader has expressly stipulated this and:
- They result from statutory regulations or stipulations; or
- The consumer has the right to terminate the contract on the day the price increase takes effect.
- Prices stated in offers for products or services include VAT.
- Depending on the value of the order or the chosen delivery option or address, delivery costs may be charged. These additional charges will be clearly indicated during the checkout process and included in the ‘Total Cost’.
- Depending on the consumer’s country, additional duties, taxes, or import fees may apply in addition to shipping fees, which cover only the transit cost of the product.
Article 12 – Contract fulfilment and additional guarantee
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations that were in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.
- An additional guarantee offered by the trader, manufacturer, or importer does not affect the legal rights and claims that a consumer can enforce against the trader under the contract if the trader fails to fulfil their part of the agreement.
- An additional guarantee is defined as any commitment made by the trader, their supplier, importer, or manufacturer that grants consumers rights or claims beyond those provided by law in the event that the trader fails to fulfil their part of the contract.
Article 13 – Delivery and implementation
- The trader will exercise the utmost care when receiving and executing product orders and when assessing requests for service provision.
- The place of delivery is deemed to be the address that the consumer has provided to the trader.
- If delivery to the consumer is not possible because the products do not fit through the front door, door, or stairwell, or because the consumer is not present at the designated delivery location despite being given reasonable notice, the consumer bears the costs for unsuccessful delivery.
- Delivery is carried out in accordance with the delivery policy specified and incorporated into these terms.
- Unless otherwise agreed, orders accepted by the trader will be fulfilled promptly and no later than within 30 days, unless a different delivery period has been agreed upon. If there is a delay in delivery or if the delivery cannot be fulfilled or only partially fulfilled, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the contract free of charge and may be entitled to damages.
- Following cancellation in accordance with the preceding paragraph, the trader will promptly refund any payments made by the consumer.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative of the consumer and notified to the trader, unless explicitly agreed otherwise.
Article 14 – Extended duration transactions: duration, termination, and renewal
Termination
- The consumer has the right to terminate at any time an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer has the right to terminate at any time a fixed-term contract concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
- For contracts as described in the preceding two paragraphs, the consumer may:
- Terminate them at any time without being limited to a specific time or period;
- Terminate them in the same manner as they were concluded;
- Always terminate them subject to the same notice period as stipulated for the trader.
Renewal
- A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be automatically renewed or extended for a fixed period.
- In deviation from the above, a fixed-term contract concluded for the regular supply of daily or weekly newspapers or magazines may be automatically renewed for a fixed term not exceeding three months, provided the consumer is free to terminate this renewed contract towards the end of the extension period, with a notice period not exceeding one month.
- A fixed-term contract concluded for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer has at all times the right to terminate it, with a notice period not exceeding one month. In the case of contracts to supply daily or weekly newspapers or magazines regularly but less frequently than monthly, the notice period shall not exceed three months.
- A fixed-term contract for the regular supply of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) shall not be automatically renewed and shall terminate automatically at the end of the trial or introductory period.