General Terms and Conditions
Your contract partner is
Rua Guiomar Torrezão N 21
hereafter referred to as “Pearl Jars”. 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 Validity of the General Terms and Conditions (GTC)
These GTC apply to all products offered by Pearl Jars in the online store. By placing an order online, the customer agrees to these GTC and is bound by them. The version valid at the time of conclusion of the contract must be authorized. Deviations, contradictory or supplementary GTC shall not become the subject of the contract, even if Pearl Jars is aware of such deviations, contradictory or supplementary GTC, unless Pearl Jars expressly agrees to their application.
- Liability, conclusion of contract and invoicing
The responsibility for the articles, motives and the design of the Web Shop shall lie with Pearl Jars.
The offers in the Web Shop are a non-binding invitation to the customer to order and purchase. All offers are subject to change.
By submitting the completed online order form, the customer makes a binding offer to enter into a purchase contract. Receipt of this order will be confirmed immediately to the customer, but confirmation of receipt does not constitute binding acceptance of the order. The contract will only become effective upon acceptance of the order, at the latest when Pearl Jars ships the ordered product. Pearl Jars shall have the right to refuse acceptance of the order due to lack of availability of the ordered goods.
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 to the customer. By reasonable, Pearl Jars comprise the usual variations due to technical production processes, such as: small air bubbles in the glass, small printing errors, seam deviations in the glass .
The customer agrees that invoices can also be created and transmitted to him/her electronically.
- Cancellation policy – start of the cancellation policy
Consumers have the following right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The period of withdrawal is fourteen days from the day on which you or a third party appointed by you, other than the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Hello-Bottle LDA, Rua Guiomar Torrezão N 21, 2765-227 Estoril, Portugal, e-mail: email@example.com) by a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including the costs of delivery (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and not later than fourteen days from the date on which we receive notification of withdrawal from this contract. For this refund, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier. You must return or deliver the goods to us (Hello-Bottle LDA, EN 9010 Edifício E , Tocadelos -Cabeço de Montachique 2670-770 Loures Portugal) 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. The deadline shall be deemed to have been met if you send the goods back before the expiry of the fourteen-day period. The direct costs of returning the goods are borne by you. You only have to pay for any loss of value of the goods if such loss of value is due to handling of the goods that is not necessary to check the condition, properties and functioning of the goods.
End of cancellation policy
- 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. Prices are valid in EURO. Discounts, rebates, etc. require express agreement.
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.
The customer can generally pay the price in Paypal, instant bank transfer, credit card, direct debit.
We reserve the right to exclude individual payment methods. This may depend, for example, on the value of the order and the region to which the goods are shipped. If payment is made in advance, the goods will not be sent to the customer until the invoice amount has been paid in full.
Pearl Jars is entitled to use the services of trusted third parties for the processing of the payment transaction. This means, in particular, that Pearl Jars shall be entitled to assign its receivables to a collection agency in the event of non-payment by the customer and to transmit to that agency any personal data necessary for the processing of the payment. If a third party is involved in the payment processing process, payment shall only be deemed to have been made to Pearl Jars when the full amount has been delivered to that third party in accordance with the contract.
- Interest on late payment, reminder and collection fees
If the payment deadline is exceeded, the buyer will be charged late payment interest in the amount of 5% per year. Pearl Jars reserves the right to prove and claim higher default damages from the entrepreneurs.
- Delivery/Shipping, Transfer of Risk and Retention of Title
Delivery must be made within 21 days (3 weeks) of receipt of the order. Normally, however, goods will be shipped to the customer within 7 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/.
Delivery is normally made within the European Union. Pearl Jars reserves the right to deliver Pearl Jars to countries outside the European Union. Any import duties will be borne by the customer.
If delivery of the goods is not possible within three weeks, Pearl Jars shall inform the buyer at the latest after the expiry of the deadline. The buyer shall then have the right to terminate the contract, which he shall notify in writing or by e-mail.
The goods shall remain the property of Pearl Jars until full payment of the purchase price and all other costs and expenses.
Until transfer of ownership to the customer, the customer undertakes to treat the goods with care.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods. The same applies in the case of a sale by delivery to a place other than the place of performance. Delivery is the same if the customer is in default of acceptance.
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.
Liability for defects shall be in accordance with statutory provisions. If the goods delivered by Pearl Jars are defective, the customer may, within the scope of the statutory provisions, demand the elimination of the defect (rectification) or the delivery of a defect-free item (replacement) as supplementary performance at his discretion. Pearl Jars may refuse the type of supplementary performance chosen by the customer if it is impossible or only possible at disproportionate cost. If the legal requirements are met, the customer shall be entitled to withdraw from the contract, reduce the purchase price or claim damages.
Any shipping costs incurred in case of return due to defects will be borne by Pearl Jars. However, the customer undertakes to avoid unnecessary costs by selecting the appropriate shipping method.
Pearl Jars shall not assume any guarantee of constant and uninterrupted availability of the online offer.
- 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.
- Data Protection
Protecting your privacy is very important to us. In the following we will inform you in detail about how we handle your data. Collection and processing of your data: In principle, you can visit our website without providing any personal information. If you wish to make purchases, subscribe to our newsletter or use certain functions of our website, personal data will be collected. Data input: In order for you to place an order in the store and for us to process your order, we request the following data from you:
First name, last name, e-mail address, street and house number, postal code, city, country. We need the email address to contact you quickly in case of questions and information related to your order.
Your contractual data is transmitted encrypted over the Internet. We protect our website and other systems through technical and organizational measures against the loss, destruction, access, modification or distribution of your data by unauthorized persons. Right to information: You have the right to free information about your stored data and, if applicable, the right to correct, block or delete such data, insofar as this is legally possible. Information on data protection: If you have any questions concerning the collection, processing or use of your personal data, please contact our data protection officer at Hello-Bottle LDA, in writing at the address of the data protection department or at firstname.lastname@example.org.
End of data protection statement
- 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.
- Other provisions
The service provider is not entitled to assign his 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.
- 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/odr/. Our email address is: email@example.com.