General Terms and Conditions of Thai Oase Gbr

1. Terms and Conditions of Thai Oase Gbr

1.1 The Thai Oase online shop is operated by Thai Oase Gbr, Große Freiheit 38-40, 22767 Hamburg.
1.2 All contracts concluded via the Thai Oase online shop are subject exclusively to these General Terms and Conditions (hereinafter referred to as T&Cs) of Thai Oase Gbr (hereinafter referred to as Thai Oase) in the version valid at the time the contract is concluded. The current version can be viewed at any time under the keyword "T&Cs". During the ordering process, the customer is given the option of viewing, printing and saving the T&Cs. By using the Thai Oase online shop and/or completing the order, the customer accepts the T&Cs.
1.3 We hereby object to any deviating or supplementary regulations of the customer; these are expressly not recognized and are not part of the contract. Anything else only applies if we have expressly agreed to deviating regulations of the customer in writing.
1.4 The range of goods in the Thai Oase online shop is aimed exclusively at adult consumers. A consumer within the meaning of the statutory provisions (Section 13 of the German Civil Code) is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Goods are only sold in commercially available quantities.

 

2. Offers and conclusion of contract

2.1 The languages ​​available for concluding the contract are German and English.
2.2 The presentation of the products in the Thai Oase online shop does not constitute a legally binding offer but merely a non-binding online catalogue with the invitation to the customer to submit an offer to conclude a purchase contract for the goods presented. Thai Oase points out that the colour of the product images presented in the online shop may differ from the colour of the delivered item due to the respective settings on the customer's screen.
2.3 In the Thai Oase online shop, the customer can select all displayed and available goods and add them to his shopping cart in the desired size and quantity. After the customer has added the goods to his personal shopping cart, he can check the correctness of his orders at any time and make changes or remove goods completely.
2.4 To complete the order, the customer can follow the ordering process from the shopping cart. After completing the ordering process and specifying the desired shipping and payment method, the customer can check the details of their online purchase in the Thai Oase online shop again on the order overview page and correct them if necessary. Before submitting the order, the customer can view and change the order data at any time. Changes can be made using the "Change" button or the "Back" function of the browser. The customer completes the order by clicking on the "Order with payment" button and agreeing to the General Terms and Conditions and the information on the right of withdrawal. By doing this, the customer makes a legally binding offer to conclude a purchase contract. With regard to the storage of order data in the Thai Oase online shop, we refer to our privacy policy .
2.5 After the customer has submitted a purchase offer, he will receive an order confirmation by email. Thai Oase thereby informs the customer that the order has been properly transmitted. However, this does not constitute acceptance of the offer and a contract has not yet been concluded. The purchase contract is only concluded when Thai Oase sends the customer another email after the order, confirming the delivery of the goods or dispatching the goods. With this shipping confirmation or the dispatch of the goods, the purchase contract is legally concluded.
2.6 If the customer's order includes several items, the purchase contract is only concluded for those goods that are expressly included or listed in the shipping notification. A purchase contract is not concluded for other goods. This can also affect goods that were listed in the Thai Oase online shop and could be ordered but are not available at the time the customer places the order.
2.7 Whether an order is accepted is at the sole discretion of Thai Oase. If an online order cannot be processed by Thai Oase, the customer will immediately receive a message by email. This assumes that the customer has entered their email details correctly.

 

3. Availability, delivery & shipping

3.1 Within Germany and to other European countries, parcel shipping is  handled via DHL.
3.2 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within 1 to 5 working days, depending on the country of delivery, in accordance with the provisions under 5. If the customer orders several products in one order for which different delivery times apply, the goods will be sent in one shipment, unless otherwise agreed. In this case, the delivery time for the item in the order with the longest delivery time applies to the entire shipment.
The delivery period begins on the day after the conclusion of the contract and ends on the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day will take the place of such a day.
3.3 Costs resulting from incorrect address information can be passed on to the customer. Thai Oase is not liable for possible delays or other customer disadvantages resulting from incorrect address information.
3.4 Thai Oase is entitled to make partial deliveries. The customer will not be charged any shipping costs for subsequent deliveries and partial deliveries.

 

4. Prices, payments

4.1 The prices stated at the time of the order apply. All prices include VAT. Shipping costs are calculated separately.
4.2 All additional costs, such as import sales tax or import duties, are to be borne by the customer. All payments and credits are processed in the currency underlying the purchase.
4.3 The Thai Oase Online Shop accepts the following payment methods:

• Credit card (VISA, MasterCard, American Express)
• PayPal
• Google Pay
• Apple Pay
• Amazon Pay

4.4 Thai Oase reserves the right to exclude certain payment methods in individual cases, in particular to protect against credit risk.
5. Shipping costs
There are no shipping costs for orders in the Thai Oase online shop.

6. Right of withdrawal and cancellation policy

6.1 If the customer has placed his order as a consumer, he is entitled to a statutory right of cancellation. Thai Oase informs about this in accordance with the statutory regulations as follows:

RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must

Thai Oase Gbr
Great Freedom 38-40
22767 Hamburg
Mail: team@thai-oase.com

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments that 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), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Sample cancellation form

At
Thai Oase Gbr
Great Freedom 38-40
22767 Hamburg
Mail: team@thai-oase.com


I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods* / the provision of the following service*
Ordered on* / received on*
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date
* Delete as appropriate.


6.2 Deviating from the statutory regulation, we treat the return of goods as a revocation, even if this was done without an express declaration of revocation, and the consequences of revocation explained above apply.
6.3 Returns are made via any shipping service provider, with the customer bearing the costs of the return. The customer is obliged to return the goods from the delivery country to which the goods were delivered.

7. Retention of title, offsetting, retention

7.1 The goods remain the property of Thai Oase until full payment has been made.
7.2 The customer is only entitled to a right of set-off if the counterclaims have been legally established by a court or are undisputed or have been recognized by Thai Oase.
7.3 The customer can only exercise a right of retention if his claims against Thai Oase and the claims of Thai Oase against the customer result from the same contractual relationship.

8. Warranty

The statutory warranty rights apply to all deliveries and defects in the purchased goods. The limitation period for statutory warranty claims is two (2) years and begins with the handover of the goods.

9. Data protection

The current data protection declaration of Thai Oase Gbr applies.

10. Choice of law and jurisdiction

10.1 All legal disputes arising from or in connection with the purchase contract are subject exclusively to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer, the law of the Federal Republic of Germany only applies if this does not conflict with mandatory legal provisions, in particular consumer protection regulations.
10.2 For customers who are merchants or who do not have a general place of jurisdiction in Germany, Hamburg is agreed as the place of jurisdiction for all disputes arising from contracts concluded with Thai Oase.
10.3 We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.