Terms & Conditions
TERMS & CONDITIONS
1.1 Contract Partner
Your contract partner is Hello-Bottle LDA, located at Rua Guiomar Torrezão N 21, 2765-227 Estoril, Portugal, hereafter referred to as "Pearl Jars."
1.2 Validity of the General Terms and Conditions (GTC)
These General Terms and Conditions shall become part of the contract entered into by you with Pearl Jars by your consent. These GTC are valid from 25.07.2021.
2. Conclusion of Contract and Invoicing
2.1 Offers and Responsibility
Pearl Jars is responsible for the articles, motives, and design of the Web Shop. The offers in the Web Shop are a non-binding invitation to the customer to order and purchase.
2.2 Contract Formation
By submitting the completed online order form, the customer makes a binding offer to enter into a purchase contract. The contract will become effective upon acceptance of the order, at the latest when Pearl Jars ships the ordered product. Pearl Jars reserves the right to refuse acceptance of the order due to lack of availability of the ordered goods.
2.3 Deviation in Product Characteristics
In the performance of the contract, Pearl Jars expressly reserves the right to deviate from descriptions, representations, and information in electronic documents, brochures, catalogs, or other written documents with regard to color, dimensions, weight, design, and other similar characteristics if these are considered reasonable. Reasonable variations include small air bubbles in the glass, small printing errors, seam deviations in the glass, etc.
The customer agrees that invoices can also be created and transmitted electronically.
3. Cancellation Policy
3.1 Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party appointed by you, other than the carrier, have taken possession of the goods.
3.2 Exercise of Right of Withdrawal
To exercise your right of withdrawal, you must inform us (Hello-Bottle LDA, Rua Guiomar Torrezão N 21, 2765-227 Estoril, Portugal, e-mail: firstname.lastname@example.org) by a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract.
3.3 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs, without delay and not later than fourteen days from the date on which we receive notification of withdrawal from this contract. You must return or deliver the goods to us without undue delay and in any event not later than fourteen days from the day on which you notify us of the revocation of this contract.
4. Prices and Terms of Payment
Unless otherwise stated, only the respective prices indicated on the website, including statutory value-added tax, will apply when ordering through Pearl Jars’ online store. Additional costs such as packaging, shipping, and insurance costs will not be included in the prices and will be borne by the customer.
4.2 Terms of Payment
An obligation of the buyer to pay the purchase price in full arises upon conclusion of the contract. A payment will be considered due if the amount has been received by Pearl Jars or credited to Pearl Jars’ account on the due date.
5. Delivery/Shipping, Transfer of Risk, and Retention of Title
The goods will be shipped in between 2-4 days.
Goods sold by Pearl Jars constitute a debt to be collected. However, at the customer’s request, we will provide the shipping service in exchange for a separate payment. Delivery shall be made by a shipping service provider freely chosen by Pearl Jars. The Buyer will pay a flat delivery fee, which will depend on the value of the order and the delivery location. Current shipping prices are available at https://www.pearljars.com/.
6.1 Information and Descriptions
Information, illustrations, drawings, technical data, descriptions of weights, dimensions, and services contained in brochures, catalogs, circulars, advertisements, or price lists are for information purposes only. Pearl Jars shall not assume any warranty as to their correctness. Only the information contained in the order confirmation (shipping confirmation) shall be decisive with regard to the type and scope of the goods delivered.
6.2 Liability for Defects
Liability for defects shall be in accordance with statutory provisions. If the goods delivered by Pearl Jars are defective, the customer may demand the elimination of the defect (rectification) or the delivery of a defect-free item (replacement) as supplementary performance at his discretion.
7. Damages and Product Liability
Claims for damages by the customer against Pearl Jars, as well as Pearl Jars’ legal representatives and vicarious agents, shall be excluded. Liability for damages resulting from injury to life, limb, or health that are based on a breach of duty for which Pearl Jars or a legal representative or vicarious agent of Pearl Jars are liable shall be excluded. In addition, the limitation of liability shall not apply to other damages resulting from an intentional or grossly negligent breach of duty by Pearl Jars or a legal representative or vicarious agent of Pearl Jars. In addition, the limitation does not apply to damages resulting from a breach of material contractual obligations (cardinal obligations) if Pearl Jars or a legal representative or agent of Pearl Jars is liable for such a breach. Material contractual obligations are obligations whose fulfillment is a prerequisite for the proper performance of the contract and in respect of which the contractual partner may regularly rely. Pearl Jars shall only be liable for its own content on the Website. To the extent that Pearl Jars provides access to other websites via links, Pearl Jars shall not be responsible for the content contained therein.
8. Data Protection
9. Formal Requirements
Declarations and notices from you to us – with the exception of notifications of defects and declarations regarding data protection – must be in text form, i.e., including the original signature or secure electronic signature, in order to be legally effective and must be addressed to Hello-Bottle LDA. The contractual, ordering, and commercial language shall be Portuguese or English.
10. Other Provisions
The service provider is not entitled to assign their claims under the contract.
Should any provision of these General Terms and Conditions be or become invalid or contradict legal regulations, the validity of the remaining provisions shall not be affected. The two contracting parties shall replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the case of a loophole in the contract.
12. Reference to the Online Dispute Resolution Platform
Pearl Jars draws the customer’s attention to the fact that the European Commission has established an online dispute resolution platform (ODR platform) for the out-of-court settlement and resolution of disputes relating to online purchases. The OS platform can be found at the following link: http://ec.europa.eu/consumers/