General terms and conditions
- General, scope of application, delivery restrictions
1.1 DARADO GmbH, Höhenstr. 13/1 (hereinafter “DARADO”) operates, among other things, an online store on the Internet portal www.darado.de (hereinafter DARADO online Shop). On DARADO online store, consumers according to § 13 BGB as well as entrepreneurs according to § 14 BGB (hereinafter “customers”, individually also “customer”, “you”) are offered goods for purchase.
1.2 The following delivery restrictions apply: The offers are directed only to consumers and entrepreneurs of legal age with an invoice address in Germany, Austria, Switzerland and other EU countries. The goods are sold only in household quantities.
1.3 These GTC apply to all contracts concluded with customers via DARADO online store and generally to all business relationships between DARADO and its customers. DARADO does not accept other general terms and conditions, unless otherwise expressly agreed.
1.4 If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.
- Registration and use of DARADO online store
2.1 When ordering goods and/or creating a customer account, you will be asked to register and provide your personal data. Clause 15.1 applies. You are responsible for ensuring that the data is complete and true. You are also obliged to keep your data up to date. If, during the period of your use, a change occurs in the data provided, you must correct the information in your customer account without delay.
2.2 You are solely responsible for content (such as product reviews) that you post in areas accessible for this purpose. You guarantee that your own content does not infringe or violate the rights of third parties (e.g. personal rights or copyrights). In this respect you indemnify DARADO in full from claims of third parties on first demand. With the transmission of the contents to DARADO, you grant DARADO all simple rights of use, unlimited in time, space and content, and also for transfer to third parties, which DARADO requires for the publication and distribution of the contents, also only in parts, in its online stores (on www.darado.de, www.darado.com). DARADO is entitled, but not obliged, to store or publish as well as delete, shorten, edit, correct or translate such content.
2.3 You are prohibited from using DARADO online store outside the intended scope, in particular to disrupt or manipulate technical processes. Interventions with the intention of gaining unauthorized advantages to the detriment of DARADO or other customers will result in the immediate loss of access to the DARADO online store and the blocking of the customer account.
2.4 You are only entitled to register and operate one customer account at the same time on DARADO online store. If DARADO detects multiple registrations, DARADO can delete them.
2.5 In the password-protected area “customer area” on DARADO online Shop you can view your open, recently shipped and/or completed orders and change them if necessary, as well as manage and save your own data.
2.6 DARADO reserves the right to warn you, to delete your access on the internet portal DARADO online Shop and/or to change or delete contents transmitted by you, as far as you offend against one of the regulations from this point 3 (virtual house right). Possible claims for damages by DARADO remain unaffected.
- Contractual partner, language and conclusion of contract
3.1 When concluding contracts on DARADO online store, your contract partner is exclusively DARADO.
3.2 DARADO online Shop is operated in German and English; contracts on DARADO online Shop are concluded in German or English.
3.3 The offer of goods on DARADO online Shop is not a binding offer of contract in the sense of § 145 BGB, but is to be understood as an invitation to submit an offer (invitatio ad offerendum). By sending an order by clicking the button “Buy now” you make a binding offer of contract. After submitting or sending the order, you will receive a confirmation e-mail of the technical receipt of your order to the e-mail address you have provided. This confirmation email does not constitute an acceptance of the contract. DARADO declares the acceptance of the contract by a separate e-mail as soon as the goods leave the warehouse or the delivery deadline can be confirmed.
3.4 DARADO saves the contract text and sends you a contract confirmation (consisting of order data and GTC) by e-mail. You can also view the GTC at any time at www.darado.de.
- Prices, delivery options, shipping costs
For orders on DARADO online store the prices stated on the respective article page at the time of your order are valid. The prices are final prices including the legal sales tax and all other price components. Excluded from this are the shipping costs. These are charged separately for your order and depend in particular on the size and weight of the goods and the selected shipping method. The shipping costs are also indicated on the item page.
5.1 DARADO offers the payment methods PayPal and payment on account. DARADO reserves the right to exclude individual payment methods for customers or goods and to refer to the other payment methods.
5.2 DARADO offers customers the payment method Paypal and purchase on account. In the case of purchase on account, the purchase price is due for payment after 14 calendar days after the invoice date to the account designated in the invoice. If the payment is not made within 14 days after the invoice date, the customer is in default without prior reminder (“payment period”).
However, DARADO remains responsible for general inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, revocation declarations and deliveries or credit notes even in the case of purchase on account.
If the customer does not settle the invoice claim or does not settle it completely within the payment period, DARADO GmbH will initiate a dunning procedure.
The following provisions apply to all vouchers issued by DARADO.
6.1 Vouchers are only valid for the period announced at the time of issue. An extension of the period is not possible.
6.2 Vouchers cannot be credited against shipping costs or, if applicable, against the costs of assembling your product.
6.3 If the price of your order exceeds the credit of a voucher, you can make up the difference via the payment methods offered.
6.4 For technical reasons, DARADO can only accept one voucher per order.
6.5 Vouchers are neither paid out in cash nor do they earn interest.
6.6 Lost, especially stolen vouchers will also not be refunded. DARADO assumes no liability for lost vouchers.
6.7 DARADO reserves the right to refer to alternative payment methods according to section 6.1, to refuse delivery and/or to block customer accounts if there is a justified suspicion of abuse in connection with the use of vouchers.
6.8 Vouchers are not transferable.
6.9 Vouchers may be tied to a minimum order value. The value of the goods must be at least equal to the amount of the promotional voucher. It is therefore not possible to refund or credit residual credit that arises if the value of the purchase is below the value of the voucher.
6.10 Vouchers will not be refunded should you return all or part of the goods or should goods can only be delivered in part.
6.11 The voucher value will be divided proportionally among your ordered products. In the event of a return, the amount attributable to the returned product shall be forfeited in full, even if the value of the retained products exceeds the minimum order value.
6.12 Vouchers may be limited to individual products. They are then not transferable to other products.
7.1 Deliveries are made to the delivery address provided by you. You are responsible for ensuring that deliveries can be made to the delivery address during normal business hours.
7.2 DARADO sends your goods as far as the invoice amount has been completely credited to our account.
7.3 If DARADO cannot meet a binding delivery deadline for reasons for which DARADO is not responsible (e.g. due to lack of self-delivery by sub-suppliers or force majeure), DARADO will inform you immediately, if necessary naming the new expected delivery deadline. If the new delivery period is not acceptable to you or the goods are no longer available within the new delivery period or at all, both contracting parties are entitled to withdraw from the contract with regard to the goods concerned; in this case we will immediately refund any consideration already paid. The statutory rights of the contracting parties shall remain unaffected.
7.4 In cases of force majeure, the delivery period shall be extended accordingly. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances for example due to fire, water, machine damage and lightning strikes and all other hindrances which DARADO could not foresee and for which it is not responsible. You will be informed immediately by DARADO of the start and end times of such delivery hindrances.
7.5 DARADO reserves the right to withdraw from the contract if the delivery fails three times for reasons for which DARADO is not responsible. Payments already made by you will be refunded by DARADO in this case. The legal rights of the contracting parties remain unaffected.
7.6 DARADO asks you to report obvious transport damages immediately to the deliverer and to DARADO. The report has no effect on your warranty rights, but makes it easier for DARADO to enforce its own claims against the deliverer.
- Right of withdrawal for consumers
Consumers in accordance with § 13 BGB (German Civil Code) are generally entitled to a statutory right of withdrawal when concluding a distance selling transaction, which DARADO informs about in the following in accordance with the statutory model. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
8.1 Shipping costs in case of withdrawal from purchase by consumers
In the case of a purchase withdrawal of purchased products by consumers, DARADO does not assume any shipping costs for the return, the shipping costs for the return are borne by the buyer. DARADO is not responsible for items mistakenly left in the product returned by you or the packaging in which the product was returned. You agree that the returned product becomes DARADO’s property and that DARADO may sell it to third parties at its discretion.
- Right of withdrawal for commercial customers
The withdrawal and return of purchased products in the DARADO online store is excluded for all natural and legal persons who are considered entrepreneurs according to §14 BGB (German Civil Code), commercial customers, which can be attributed to their commercial or independent professional activity. This includes all persons who conclude a transaction as a commercial or self-employed professional.
Cancellation policy for consumers
Right of withdrawal for consumers
Consumers have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day,
– on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the last goods.
In order to exercise your right of withdrawal as a consumer, you must inform us (DARADO GmbH, Höhenstr 13/1, 71292 Friolzheim, phone number: +49 (7044) 9589796 by means of a clear declaration (e.g. a letter sent by post, or e-mail to email@example.com) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must refund all payments we have received from you, less delivery costs, immediately and at the latest within fourteen days from the day on which we received the returned product from you. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We will not bear any costs for the return of the goods.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
- Retention of title
11.1 The goods do not become the property of the customer until payment has been made in full.
11.2 In the case of purchase on account, DARADO retains ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled.
- Service, complaints and claims
The satisfaction of our customers is very important to us. Therefore, we always try to process your requests as quickly as possible and get back to you after receiving your input. In case of service requests or complaints, please contact our customer service:
- Disclaimer for hyperlinks
On DARADO online store can be referred via hyperlinks to other Internet sites. DARADO has no influence whatsoever on the content of these external websites, does not adopt them as its own and accepts no liability for their content. As soon as DARADO becomes aware of illegal contents, DARADO will delete the corresponding hyperlinks on DARADO online Shop.
- Data security
In the course of your registration on DARADO online Shop you will be asked to transmit personal data. This is data that DARADO needs to process the contracts concluded on DARADO online Shop. All personal data will be treated confidentially by DARADO and in accordance with the relevant legal regulations, in particular those of the General Data Protection Regulation (EU-DSGVO) and the Federal Data Protection Act (BDSG). To secure your data in online payment transactions, DARADO protects them with state-of-the-art encryption techniques. All data used by you to place an order is transmitted to DARADO in encrypted form.
- Image rights
All rights of use of picture material on DARADO online store belong to DARADO or our partners. The use of the picture material – in whatever form – is not permitted, unless there is an explicit permission from DARADO.
- Final provisions
16.1 For legal disputes arising from or in connection with the purchase contract, the law of the Federal Republic of Germany is exclusively applicable, excluding the UN Convention on Contracts for the International Sale of Goods.
16.2 DARADO reserves the right to adapt these GTC for future transactions. Excluded from this are unreasonable changes, in particular to essential contractual components, such as the main services owed, which would be the subject of an amendment contract.
Status: February 2021
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