(Called follow "Seller") mysugarcase offers on the operated on the website of "mysugarcase.de" online shop products from mysugarcase for sale. Following Terms and Conditions apply on this online store contract.
1.1 The Terms apply to all business between the seller and buyer. (§ 13 BGB). Customers are consumers who complete their order for purposes which can be attributed mostly neither commercial nor its independent professional activity.
1.2 The General Terms and Conditions of MySugarcasae shall apply exclusively
1.3 Only individual agreements with the customer shall prevail over these Conditions. The arrangements are recorded in writing.
1.4 Any additional or deviating conditions to these General Terms and Conditions of Delivery and Payment which are agreed between the seller and the customer for the execution of a contract, shall be stipulated in writing in the contract. This shall also apply with regard to the waiver of this requirement of written form.
1.5 Any rights beyond these General Terms and Conditions of Delivery and Payment which are due to the seller according to statutory regulations shall remain unaffected.
2. CONCLUSION OF CONTRACT
2.1 All offers are subject to confirmation and nonbinding
2.2 An order will not become binding until it has been confirmed in writing by the seller in a confirmation of order, or until the seller delivers the products. Any confirmation of order created electronically which does not bear a signature and name shall be deemed to constitute written form. The silence of the seller with regard to offers, orders, requests or other declarations of the customer does not imply approval unless expressly agreed otherwise in writing. Where the confirmation of order contains obvious mistakes or clerical or computational errors, it shall be nonbinding for the seller.
2.3 Before submitting the order, the customer can check, change, or cancel the purchase by using the "back" button in his Internet browser, the data entered, the selected payment method and the products retrieved. The customer is requested to check his information before submitting an order carefully.
2.4 The seller can accept it within 7 calendar days by sending an order confirmation or by delivery of the ordered products in this property. After the 7-day period the offer is rejected.
2.5 The seller is entitled to limit the order to a household amount.
2.6 Following the conclusion of the contract, the seller sends the customer an confirmation notification. In the contract you will find the order and the terms and conditions listed again.
2.7 The seller will not save the contract in a visible form for the customer. The customer should therefore keep all documents.
2.8 Illustrations, drawings and information on weight, dimension, performance and consumption, as well as any other product descriptions in the documentation appertaining to the offer shall only apply by way of approximation, unless expressly stipulated as binding.
2.9 Product improvements by the seller may occur changes in the design and the materials of the products. The seller reserves the appropriate modifications, considering the interests of the seller to the customer. Reasonable are changes when the value of the product is not impaired and the exterior "look and feel" of the product only slightly deviate from the image.
3.1 The delivery time within Germany and USA is approx. 5-7 working days after receipt of full payment. Within Europe, about 7-10 days and in the rest of the world about 10-24 business days.
3.2 Agreements on special delivery periods and dates shall be subject to written form. All delivery periods and dates are nonbinding unless expressly declared binding.
3.3 If additional costs are incurred owing to faulty or incomplete information of the buyer concerning the address data then these shall be borne by the customer.
3.4 If the seller has concluded an outline agreement with the customer regarding future deliveries with fixed delivery dates, and if the customer does not call forward the products in time, the seller – following the ineffectual expiry of a reasonable extension of the period – shall be entitled to deliver and invoice the products, withdraw from the agreement or, if the customer has acted culpably, demand damages instead of the performance.
4. PACKAGING AND SHIPPING COSTS
For delivery and packaging no costs will be charged for the shipping in Germany and USA, irrespective of the number and weight of the item.
European Union (EU) 5.90€
Non EU - Europe 20.90 €
Rest of the world 39.90€
USA, Canada 22.90€ - for free shipping please go to www.mysugarcase.us
Shipment outside the EU might be subject to import or customs duties and the height of this amount is calculated by the country of delivery. The customer is responsible for these costs. For more information please contact the customs office of your country.
5. PRICES, PAYMENT
5.1 All prices are inclusive the VAT of 19%. They are stated in euros (€).
5.2 For delivery, the following payment methods are possible: Credit card and PayPal
Within 14 days, you may return all items purchased in the mysugarcase Online Shop without stating any reasons to the following address:
mysugarcase, Abt. RETOURE, Rosenweg 3, 31655 Stadthagen
Please also note that items must be returned in a condition appropriate for having been checked normally by customers and that they must still have the original tags on them. We reserve the right to demand compensation for items returned in poor condition due to additional usage. The costs of return will be borne by the customer.
Please follow the legal instructions of withdrawal according to Item below
6.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of partial deliveries, the last of the goods.
To exercise the right to withdraw, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, but it is not obligatory.
Address the withdrawal to: Email info(at)mysugarcase.com
or by post: mysugarcase, Abt. RETOURE, Rosenweg 3, 31655 Stadthagen, Germany
You can also exercise your right of withdrawal by returning the goods without comment. Provided that deviating circumstances do not arise, returning the goods without comment will be understood as a statement of withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (The costs of return will borne by customer), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us at:
mysugarcase, Abt. RETOURE, Rosenweg 3, 31655 Stadthagen Germany
The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The following model withdrawal form complies with all statutory information requirements. It is not necessary to state your withdrawal separately, e.g. by using the form below. It is enough to return the goods without comment.
6.3 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Send to: mysugarcase, Abt. RETOURE, Rosenweg 3, 31655 Stadthagen,Germany, E-mail: info(at)mysugarcase.com
US order please send back to: Lyn Pharma Inc., 9770 Research Dr. Irvine, CA 92618, Email info(at)mysugarcase.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods (*)/for
the provision of the following service(*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) delete inapplicable
End of revocation
7.1 If the customer noticed an obvious damage to the goods delivered, the recipient is asked to indicate the damage promptly to the Seller. The warranty rights of the customer remain unaffected.
7.2 Unless expressly agreed otherwise, the statutory warranty periods shall apply.
7.3 The customer has in case of a defects the option to either gets a replaced or repaired product. The customer has to grant the seller a reasonable deadline. Subsequent Performance is deemed to have failed if a defect cannot be remedied after at least two subsequent improvements.
7.4 This stipulation shall also apply if the subsequent performance fails, if the customer cannot be reasonably expected to accept it or if it is delayed beyond reasonable deadlines for reasons for which the seller can be held responsible
7.5 Claims for damages and expenses made only in accordance with point 8 below.
7.6 If the seller delivers the customer a new product in the way of subsequent performance, the customer must return the defective product at the expense of the seller within 14 days to the seller.
7.7 No complaints due to defects shall arise from natural wear and tear, improper handling, improperly executed or unauthorized modifications or repairs of the products by customers or third parties. This stipulation shall also apply to defects for which the customer can be held responsible or which can be traced back to a technical cause other than the original defect.
7.8 Warranties, which go beyond this paragraph, does the seller not accept. In particular, the seller makes no warranties.
8.1 Incidentally, regardless of the legal grounds, MySugarcase is liable only in the case of willful intent and gross negligence on the part of mysugarcase.
8.2 In case of a simple negligence, the seller is liable only for breaches of fundamental contractual duties and only for compensation of typical damages foreseeable for the contract with maximum compensation up to the net invoice value of the respective defective delivery.
8.3 The limitation under paragraph 8.2 does not apply to damages resulting from injury to life, limb or health. Furthermore, it does not apply to fraudulent concealment or when the seller exceptionally assumed guarantee for the quality of the product or if the customer claims under the Product Liability Act has.
8.4 If the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
All above texts, photos, logos, images, graphics and computer applications are the intellectual property of the seller or of their respective companies. It is prohibited to reproduce the above-mentioned elements in whole or in part without permission of the copyright holder for commercial purposes, distribute, make available to the public elsewhere or edit, provided that the respective rights holder has not agreed in writing beforehand.
11. USE OF ONLINE STORES
The seller is entitled to exclude the customer from using the online shops and other orders when it ordered goods in not a good reason, the purchase price is not paid or other contractual obligations (see. Section 8.2 accordingly) injured.
On 24 May the CFI43 upheld the Commission decision of April 2014 concerning the payment provision in an agreement between the German system for the collection and recycling of packaging waste called Duales System Deutschland (DSD) and its clients. This originally industry-led system serves to meet recycling requirements in the form of quotas laid down in the German packaging ordinance implementing EC Directive 94/62 on packaging and packaging waste. Manufacturers and retailers, who have the legal obligation to take back sales packaging, conclude a contract with DSD which guarantees to install a collection and recycling service in such a way that the companies are exempted from their legal obligations. The contract also regulates the use of the Green Dot trademark on the packaging and determines the fee to be paid by DSD's clients. The Commission found that DSD had abused its dominant position by obliging its clients to pay for all packaging brought on to the German market that bears the Green Dot trademark, whether DSD actually provides its exemption service or not. Whenever the client intends to use the services of competitors for parts of its packaging, the provision leads to a double payment situation for the clients or forces them to introduce costly double-packaging lines, given that DSD requires the packaging exempted by its system to be marked with the Green Dot. The CFI found that the Commission rightly concluded that there was a mismatch between the service provided by DSD and the fee due by its clients, and recognised that selective marking as required by DSD to avoid the double-payment situation leads to significant additional costs for manufacturers and distributors of sales packaging and therefore has the effect of dissuading them from using competing systems. Given the practical functioning of the collection and recovery system operated by DSD, CFI disagreed with DSD's description of the function of the Green Dot. The CFI confirmed that the decision does not adversely affect the essential function of the Green Dot as a trademark. The CFI found that the remedy ordered by the Commission was proportionate and did not constitute an imposition of a compulsory licence.
13. Contract Language / Law / VALIDITY Conditions
13.1 The contract language is German.
13.2 The law of the Federal Republic of Germany, excluding the CISG.
Last updated: 04.12.2019