Terms and Conditions
We, CANDLECORNER24.DE, delivers the merchandise ordered by you, the customer, based exclusively on the following general terms and conditions (Published: 3rd of October, 2011):
I. Scope:
1. These general terms and conditions regulate the realisation of contracts, the rights and duties of CANDLECORNER24.DE and the customer, as well as the fulfillment of all concluded contracts between the customer and CANDLECORNER24.DE in the version that is valid, in every case, at the time of placing the order.
2. In relation to these general terms and conditions conflicting, or, from these general terms and conditions, deviant terms of business of the customer CANDLECORNER24.DE does not recognise, unless, CANDLECORNER24.DE has agreed expressly in writing to their validity before conclusion of the contract. Individual agreements (in written form) remain from the preceding regulation untouched.
II. Orders:
1. CANDLECORNER24.DE delivers the merchandise ordered by the customer. Orders may be placed by telephone, by telefax, by mail, on the Internet or by e-mail.
2. Should any information stated by CANDLECORNER24.DE prove to be inaccurate, for example, aspects of the product description or the price of the product, CANDLECORNER24.DE will inform the customer about these changes immediately who then can then choose to reconfirm the order. Otherwise, CANDLECORNER24.DE is entitled to withdraw from the contract.
III. Contract formation and conclusion:
The customer, when placing an order for merchandise, enters a binding contract offer. With the acceptance of this contract offer, CANDLECORNER24.DE enters a binding contract with the customer, without requiring to state an explanation for the acceptance of the contract to the customer who renounces this right in particular as stated in the terms of §151 S.1 German Civil Code.
IV. Informational obligations:
1. The customer is required to provide truthful, accurate, and correct information when placing an order. In the case that the information of the customer changes, the customer is required to inform CANDLECORNER24.DE about this change immediately.
2. In the event the customer makes misrepresentations pertaining to name, address, telephone number, bank connection or any other information that is necessary for the correct fulfilment of the contract, CANDLECORNER24.DE, as far as the contract has already been initiated, is entitled to withdraw from the contract. It is possible, that the thereby resultant expenses on behalf of CANDLECORNER24.DE, such as expenses caused by the dispatch of merchandise which has already taken place, may be charged to the customer.
3. It is the customer's responsibilty to ensure that he/she is accessible through the required contact information inevitably stated by him/her, and this is not prevented on the basis of forwarding, closure, or other reasons.
V: Cancellation policy:
Right of withdrawal:
It is your right to revoke your contract within one month, without stating any reason, in text form (e.g., letter, telefax, e-mail) or - if the merchandise has been dispatched to you before the deadline - also by return of the merchandise. This time period begins upon receipt of this cancellation policy in written form, however, not before arrival of the merchandise (in the case of multiple deliveries of goods of the same type, not before the arrival of the first part of the delivery) and also not before the fulfilment of our informational duties according to article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as our duties according to § 312g section 1 clause 1 BGB in connection with article 246 § 3 EGBGB. For the preservation of the cancellation period, the timely sending of the cancellation or the merchandise is sufficient.
The cancellation is to be directed to:
Candlecorner24.de; owner: Liane Preidel; Füllerstrasse 94; 60431 Frankfurt;
Telefax: +49-(0) 69-138 256 51 or e-mail:
Cancellation consequences:
In the case of an effective cancellation, the services rendered by both parties and, if applicable, related expenses (e.g., interest) are to be reimbursed. Are you unable to reimburse the received service as well as use (e.g., benefit of use) completely or in part, or only in a deteriorated condition, you must reimburse us with, in this respect, value compensation. For the deterioration of the merchandise and for benefits of use you must pay value compensation only, as far as the benefits of use or the deterioration on a contact with the case are to be led back which exceeds the audit of the properties and functionality. One understands the testing and trying out the respective product by "audit of the properties and the functionality" as you could and would do in a retail store and the like. In the case that, in spite of proper commissioning and use, the product proves to be defective, then, in spite of the resulting deterioration, you are not required to pay us value compensation. Merchandise which is able to be despatched as a parcel will be sent back to us at our own risk. The customer is required to bear the regular costs of the return if the delivered merchandise corresponds to the merchandise ordered by the customer and the total price of the merchandise do not exceed the amount of 40 euros - or above 40 euros if you have not produced the service in return or a by contract agreed upon partial payment at the time of the cancellation. Otherwise, the return of the merchandise is cost-free for you. Merchandise which is not able to be despatched as a parcel will be picked up at the customer. Liabilities pertaining to the allowance of payments must be fulfilled within 30 days. For the customer, this time period begins with the sending the cancellation policy or the merchandise, for us, with arrival of the cancellation policy or the merchandise.
Special notice:
With a service, your right of withdrawal expires prematurely if your contracting partner has begun with the execution of the service with your explicit approval before the end of the cancellation period, or if you have arranged this yourself.
End of the cancellation policy
VI. Delivery:
1. The delivery of the merchandise takes place directly from our warehouse at the customer's expense, usually through Deutsche Post AG or Hermes Versand.
2. The delivery is dependent upon the availability of the product. CANDLECORNER24.DE reserves the right, if necessary, to send an equivalent product as a replacement. All statements about delivery deadlines are non-binding. All events concerning delivery, which lie beyond the influence of CANDLECORNER24.DE, release CANDLECORNER24.DE from the observance of received liabilities of delivery, or allows CANDLECORNER24.DE completely or in part to withdraw from the contract.
3. CANDLECORNER24.DE endeavours to dispatch multiple orders, which have been placed on the same date, in a single shipment. Should this not be possible, the subsequent deliveries will be shipped to the customer free of forwarding costs.
VII. Prices:
1. All prices are ex-warehouse from CANDLECORNER24.DE. Invoices are due without cash discount or other deductions, in their entirety and promptly - at the latest, 14 days after the invoice date - as far as no other agreements have been made. Payments by installments are basically excluded. If the customer is behind with the payment, CANDLECORNER24.DE is entitled to receive interest for delay in payment at the rate of 5% above the respective valid European base interest rate (which is decisively to be based on information from the European Central Bank). In addition, costs for provable default damage can be asserted.
2. Exclusively, the payment methods and dispatch information stated in the contract offer are valid, excluded individual arrangements. Electronic payments are valid only after arrival of the payment, as a rule after the passing of two business days
3. CANDLECORNER24.DE reserves the right to refuse the delivery of merchandise per invoice without stating any reasons.
4. The customer is entitled to the right of compensation only if his counterclaims were legally ascertained, or these were recognised by CANDLECORNER24.DE. The customer can carry out a right of retention only if his counterclaim is based on the same contractual relationship.
5. With returns, the forwarding expenses up to a commodity value of 40€ are to the cost of the customer. From a commodity value above 40€, the forwarding expenses will be refunded to the customer by CANDLECORNER24.DE after arrangement.
Merchandise returned by freight collect will not be accepted.
VIII. Retention of title:
The merchandise remains up to the complete payment and settlement of any other claims against the customer, the property of CANDLECORNER24.DE. In case of garnishments or other interventions of third parties the customer is required to inform CANDLECORNER24.DE of these in written form immediately.
IX. Liability for defects:
1. If the delivered merchandise is defective, the legal regulations of the Federal Republic of Germany apply. The statute of limitation for legal shortage claims is 2 years, usable and wearing parts as well as incidents pertaining to the points described in IX.6 are excluded. In the transport with businesses CANDLECORNER24.DE with the subsequent service has the choice between the removal of the defect or the delivery of a shipment free of defects and the claims of the business customer pertaining to the defective product falls under the statute of limitations of one year.
2. CANDLECORNER24.DE do not support the manufacturer's guarantee. In this case claims are to be asserted directly to the manufacturer or an other third party.
3. Claims of the customer concerning guarantee are dependent of the fact that the customer reports the defects to CANDLECORNER24.DE within 14 days after delivery.
4. Errors or damages as a result of improper use, faulty installation or installation and commissioning, external effects (e.g., damages in transit, damages by dropping or shock), repair and modifications which were carried out by unauthorised third parties, lead to the exclusion of the liability for defects by CANDLECORNER24.DE.
5. The customer is required to permit CANDLECORNER24.DE the physical examination of the by him/her faultily designated object of delivery. The customer bears the risk of loss or damage on the way to or from CANDLECORNER24.DE within the scope of the fault removal.
6. CANDLECORNER24.DE, accepts no guarantee or claims for indemnification from the improper use of the candles and accessories. Please refer to the CANDLE CARE AND SAFETY TIPS as well as the tips to the USE of the candles.
X. Liability:
Any claims exceeding above and beyond the guarantee claims, in particular compensation claims, are excluded, as long as the damage was not deliberately caused or caused by rough negligence on the part of CANDLECORNER24.DE, or CANDLECORNER24.DE failed to fulfill an essential contractual obligation. For unforeseeable damages - except by intention - CANDLECORNER24.DE, as a general rule, is excluded from liability. These exclusions of liability are not valid in the case of an in writing assumed guarantee about the condition of the goods, in the case of malicious concealment of a defect, as well as for damages on account of an injury to life, body, or health, as well as in the case of a liability according to the product liability law of the Federal Republic of Germany.
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