Terms of service

General Terms and Conditions with Customer Information

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Table of Contents

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1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Applicable Law

9. Place of Jurisdiction

10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of 
Primer Lugar H&S International Trading KG (hereinafter "Seller") 
apply to all contracts for the delivery of goods that a consumer or business 
(hereinafter "Customer") concludes with the Seller regarding the goods presented 
and offered by the Seller in its online shop. 
The inclusion of the Customer's own terms and conditions is expressly rejected, 
unless otherwise agreed.


1.2 For the purposes of these Terms and Conditions, a consumer is 
any natural person who enters into a legal transaction for purposes 
that are predominantly neither attributable to their commercial nor their 
independent professional activity. 
For the purposes of these Terms and Conditions, an entrepreneur is a natural 
or legal person or a partnership with legal capacity that, when entering into a 
legal transaction, acts in the exercise of their commercial or independent 
professional activity.

2) Conclusion of Contract

2.1
The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller but serve as an aid for the customer to submit a binding offer.

2.2
The customer may submit the offer via the seller’s online order form integrated into the online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer makes a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart by clicking the button that finalizes the order process.
The customer may also submit the offer to the seller by telephone, e-mail, or post. Offers transmitted to the seller in this manner, in particular to an e-mail address belonging to the seller, are binding and equivalent to the online order form.
For orders of larger quantities as described in the section “Shipping Conditions,” or for any other orders submitted to the seller’s designated e-mail addresses, the shipping and payment terms defined by the seller shall apply unless otherwise agreed.

2.3
The seller may accept the customer’s offer within five days by:

  • sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or

  • delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or

  • requesting payment from the customer after the order has been submitted.

If more than one of the above alternatives applies, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first.
The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends upon expiry of the fifth day following the dispatch of the offer.
If the seller does not accept the customer’s offer within the above-mentioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4
When submitting an offer via the seller’s online order form, the contract text will be stored by the seller after the contract has been concluded and transmitted to the customer in text form (e.g. by e-mail, fax, or letter) after the customer has sent their order.
Beyond this, the seller will not make the contract text accessible in any other way.
If the customer has created a user account in the seller’s online shop before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login data.

2.5
Before submitting the binding order via the seller’s online order form, the customer may identify possible input errors by carefully reading the information displayed on the screen.
An effective technical tool for better detecting input errors may be the browser’s magnification function, which allows the on-screen display to be enlarged.
The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the order process.

2.6
The languages available for concluding the contract are German and English.

2.7
Order processing and contact are generally carried out by e-mail and automated order handling. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address.
In particular, the customer must ensure that, when using spam filters, all e-mails sent by the seller or by third parties commissioned with order processing can be delivered.
E-mails or messages filtered out or undelivered due to technical reasons on the customer’s side do not release the customer from binding orders or other commitments.

 

3) Right of Withdrawal

3.1
Consumers are generally entitled to a right of withdrawal.

3.2
Further information on the right of withdrawal can be found in the seller’s withdrawal policy (cancellation policy).

3.3
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
The same applies to goods that can spoil quickly or whose expiration date would be quickly exceeded.

3.4
Furthermore, the right of withdrawal does not apply to contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return once their seal has been removed after delivery.

3.5
For digital content or download products not supplied on a physical data carrier, the right of withdrawal shall expire as soon as the entrepreneur has begun the execution of the contract after the consumer has

  • expressly agreed that the entrepreneur shall begin with the execution of the contract before the expiry of the withdrawal period, and

  • confirmed their awareness that they thereby lose their right of withdrawal upon commencement of the contract’s execution.

 

4) Prices and Payment Conditions

4.1
Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include the statutory value-added tax (VAT).
Any additional delivery and shipping costs that may arise will be specified separately in the respective product description.

4.2
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible, and which must be borne by the customer.
These include, for example, costs for money transfers by banks (transfer fees, exchange rate charges) or import duties or taxes (customs duties).
Such costs may also arise in connection with the transfer of funds if the delivery does not take place in a country outside the European Union but the customer makes the payment from a country outside the EU.

4.3
The available payment methods are communicated to the customer in the seller’s online shop.

4.4
If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.

4.5
When paying by means of a payment method offered by Shopify Payments, the payment processing will be carried out by the payment service provider Shopify International Limited, c/o Intertrust Ireland, 2nd Floor, 1–2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as “Shopify”).
The individual payment methods offered via Shopify will be communicated to the customer in the seller’s online shop.
Shopify may use other payment services to process payments; these may be subject to their own terms of service, which the customer may have to accept.

4.6
When selecting the payment method PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal user agreement, which can be viewed at www.paypal.com.
This requires, among other things, that the customer has or creates a PayPal account.

4.7
If payment by credit card is offered, the customer’s credit card will be charged immediately after order confirmation, unless otherwise specified in the payment process.

4.8
If the customer defaults on payment, the seller shall be entitled to charge interest on arrears at the statutory rate for the relevant country, as well as any additional costs incurred as a result of the default.

 

5) Delivery and Shipping Conditions

5.1
Goods shall be delivered to the delivery address specified by the customer, unless otherwise agreed.
When processing the transaction, the delivery address specified in the seller’s order processing shall be decisive.
However, if the customer selects PayPal as the payment method, the delivery address stored in the customer’s PayPal account at the time of payment shall be decisive.

5.2
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
This shall not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery, or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable prior notice of the delivery.
Furthermore, this shall not apply with regard to the costs of sending the goods if the customer effectively exercises their right of withdrawal.
In the event of the effective exercise of the right of withdrawal by the customer, the provisions made in the seller’s withdrawal policy shall apply to the return costs.

5.3
Self-collection is not possible for logistical reasons unless explicitly offered by the seller.

5.4
Deliveries shall generally take place through established logistics partners (for example DHL, UPS, FedEx, or comparable providers).
The seller reserves the right to determine the carrier and shipping method according to the nature of the goods and the destination country.
For larger quantities or palletized shipments, the seller may use freight forwarding services; corresponding conditions shall be communicated to the customer prior to dispatch.

5.5
Partial deliveries are permissible, provided that they are reasonable for the customer.
The seller reserves the right to divide orders into several shipments if required by stock levels or packaging requirements.
Any additional costs arising therefrom shall be borne by the seller, unless otherwise agreed.

5.6
Delivery times and availability information provided by the seller are approximate and non-binding, unless they have been expressly confirmed as binding in writing.
If the seller is unable to deliver the ordered goods through no fault of their own, because the supplier has failed to fulfill its contractual obligations despite a corresponding congruent covering transaction, the seller shall be entitled to withdraw from the contract.
In such a case, the customer will be informed immediately, and any payments already made will be refunded without delay.

5.7
For international shipments, the customer shall be responsible for compliance with all applicable import regulations, customs formalities, and local legal requirements in the destination country.
The seller assumes no liability for delays or complications resulting from customs procedures.

 

6) Retention of Title

6.1
The seller retains ownership of the delivered goods until full payment of the purchase price owed has been received.

6.2
If the customer acts as a business entity (entrepreneur) in accordance with §14 of the German Civil Code (BGB), the following shall additionally apply:

  • The seller retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship.

  • The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to the seller, in advance, all claims against third parties arising from such resale — in the amount of the respective final invoice value (including VAT).
    This assignment applies regardless of whether the goods have been resold without or after processing.
    The customer remains authorized to collect the receivables even after the assignment. However, this shall not affect the seller’s right to collect the receivables directly. The seller shall not exercise this right as long as the customer meets their payment obligations, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

  • The handling or transformation of the goods by the customer shall always be carried out on behalf of and for the account of the seller.
    If the goods are processed with items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the goods supplied by the seller relative to the other processed items at the time of processing.
    The same shall apply in the event of the combination or mixing of goods with items not belonging to the seller.
    If the combination or mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to the seller on a pro-rata basis, and the customer shall safeguard the sole ownership or co-ownership thus created for the seller.

  • The seller undertakes to release the securities to which it is entitled upon the customer’s request insofar as the realizable value of these securities exceeds the claims to be secured by more than 10%.
    The selection of the securities to be released shall be at the discretion of the seller.

 

7) Warranty (Liability for Defects)

7.1
If the goods are defective, the provisions of statutory liability for defects shall apply.

7.2
The customer is requested to report goods that have been delivered with obvious transport damage to the carrier and to inform the seller accordingly.
Failure to comply with this request has no effect on the customer’s statutory or contractual claims for defects.

8) Rights of the Data Subject

8.1 According to applicable data protection law, you have the following rights vis-à-vis the controller regarding the processing of your personal data (rights of access and intervention), which we inform you about below:

  • Right of access (Art. 15 GDPR):
    You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to such data and the following information: the purposes of processing, the categories of personal data concerned, the recipients or categories of recipients to whom your data have been or will be disclosed, the envisaged period for which the data will be stored or, if not possible, the criteria used to determine that period, the existence of the right to rectification, erasure, restriction of processing, objection to processing, the right to lodge a complaint with a supervisory authority, information about the source of your data if they were not collected from you, the existence of automated decision-making including profiling, and, where applicable, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing, and your right to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in case of transfers to third countries.

  • Right to rectification (Art. 16 GDPR):
    You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you and/or the completion of incomplete personal data stored by us.

  • Right to erasure (“right to be forgotten,” Art. 17 GDPR):
    You have the right to obtain the erasure of your personal data where one of the grounds listed in Art. 17(1) GDPR applies. However, this right does not apply, in particular, where the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.

  • Right to restriction of processing (Art. 18 GDPR):
    You have the right to obtain restriction of processing of your personal data where one of the following applies: the accuracy of the data is contested by you (for a period enabling us to verify it); the processing is unlawful but you oppose the erasure and request restriction instead; we no longer need the data for the purposes of processing, but you require them for the establishment, exercise or defence of legal claims; or you have objected to processing pending the verification whether our legitimate grounds override yours.

  • Right to notification (Art. 19 GDPR):
    Where you have exercised your right to rectification, erasure or restriction of processing, the controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

  • Right to data portability (Art. 20 GDPR):
    You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller, where technically feasible.

  • Right to withdraw consent (Art. 7(3) GDPR):
    You have the right to withdraw your consent to the processing of your data at any time with effect for the future. In the event of withdrawal, we will delete the relevant data immediately, provided that there is no legal basis for further processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

  • Right to lodge a complaint (Art. 77 GDPR):
    If you believe that the processing of your personal data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work, or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy.

8.2 Right to Object

If we process your personal data based on our overriding legitimate interests within the framework of a balancing of interests, you have the right, at any time and on grounds relating to your particular situation, to object to such processing with effect for the future.

If you exercise your right to object, we will cease processing the affected data. However, further processing remains reserved if we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or if the processing serves the establishment, exercise, or defence of legal claims.

If your personal data are processed by us for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes.

If you exercise your right to object, we will cease processing your personal data for direct marketing purposes immediately.


9) Duration of the Storage of Personal Data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing, and—where applicable—by the relevant statutory retention period (e.g., retention periods under commercial and tax law).

Where the processing of personal data is based on an explicit consent pursuant to Art. 6(1)(a) GDPR, such data are stored until the data subject withdraws their consent.

If statutory retention periods apply to data that are processed in the context of contractual or quasi-contractual obligations pursuant to Art. 6(1)(b) GDPR, such data will be routinely deleted after the retention periods have expired, provided they are no longer required for the fulfillment or initiation of a contract and/or there is no legitimate interest on our part in continued storage.

Where personal data are processed on the basis of Art. 6(1)(f) GDPR, such data will be stored until the data subject exercises their right to object under Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defence of legal claims.

Where personal data are processed for the purpose of direct marketing on the basis of Art. 6(1)(f) GDPR, such data will be stored until the data subject exercises their right to object under Art. 21(2) GDPR.

Unless otherwise stated within this privacy notice in relation to specific processing situations, stored personal data will otherwise be deleted once they are no longer necessary for the purposes for which they were collected or otherwise processed.

 

Shipping Conditions

  • Shipping to AT (Austria), DE (Germany), and other EU countries.

  • Shipping costs depend on the destination country and the weight of the shipment.

  • Orders are accepted in household quantities. For orders exceeding 20 kg in total weight, please contact service@mayakingdom.com directly.

  • Unless otherwise stated, sales abroad and any related claims of any kind are generally subject to Austrian law.