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Terms and Conditions

TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the product(s) (“Product(s)””) listed on our website www.holigos.eu (“Site”) to you.

Please read these Terms of Sale carefully before ordering any Product(s) from our Site. These Terms of Sale tell you who we are, how we will provide Product(s) to you, how you and we may end the contract, what to do if there is a problem and other important information. When ordering Product(s) on our Site, you agree to the Terms of Sale.

  1. INFORMATION ABOUT US
    • holigos.eu is a website operated by Glycom GmbH (“we”, “our”, “us”) having its registered office at beck businesscenter, Ericusspitze 4, DE-20457 Hamburg and is registered in Germany under company number HRB 152255. Our VAT number is 48/725/02411.
    • You can contact our Customer Service Team by sending an e-mail to info@holigos.eu.
  2. CONTRACTUAL PARTNER/ CONCLUSION OF THE CONTRACT
    • The contract for the order and purchase of the Product(s) offered on our Site is concluded between you and Glycom GmbH.
    • The presentation of our Product(s) on this Site does not constitute a legally binding offer on our part. This is merely a request for an offer from your side, under the conditions stated on our Site for the respective Product(s).
    • You have the possibility to put the Product(s) you have selected into the shopping cart without any obligation to purchase this Product(s) by clicking the “Add to Cart”. You can view your shopping cart at any time via the “Cart”. In the shopping cart you can correct your entries at any time before the binding order. For this purpose, you can use the correction aids provided and explained there.
    • The “Checkout” takes you to the next step, where you can enter your address, shipping and payment details.
    • In the final part of the ordering process, you submit a legally binding offer to purchase the Product(s) contained in the shopping cart by clicking on the “Complete order”. We will then send you an order confirmation, but this does not yet constitute a binding acceptance on our part.
    • The contract is only concluded by an e-mail sent separately by us, in which we expressly accept your offer.
    • Unfortunately, we can't stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery, cancel the order, or return the Product(s) to us in accordance with the return policy as set out below in Clause 7.
    • You must keep the contact details we hold for you, whether provided for a one-time purchase or when signing up for an account, up-to-date so that we can contact you if necessary about your order or the delivery of the Product(s).
  3. AVAILABILITY
    • All orders for Product(s) are subject to the availability of the Product(s) and the materials for making the Product(s). We will inform you without undue delay after receiving your order if, for any reason, the Product(s) you have ordered is not available or is subject to any delay.
    • If we are unable to supply you with a Product(s), for example, because it is out of stock or because of an error in the price (see Clause 4), we will inform you of this by email and we will not process and not confirm your order. If you have already paid for the Product(s) we will refund you the full amount as soon as possible.
  4. PRICES OF PRODUCT(S)
    • The price of any Product(s) will be as quoted on our Site, except in cases of obvious error.
    • The price of any Product(s) may change from time to time, but changes will not affect any order we have accepted.
    • The price of a Product(s) includes VAT (where it applies) but excludes any delivery costs, which, where applicable, will be added to the price of the Product(s)s and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our shipping page.
  5. HOW TO PAY
    • We accept payment with the payment methods listed on our Site.
    • By submitting an order to us through our Site, you are confirming that the payment details provided on your order are valid and correct.
  6. DELIVERY
    • You can find out more about our Product delivery by reading the information on the shipping page
    • Your delivery date will be as set out in a delivery confirmation sent by email. If for the respective Product no delivery date is specified in our online shop or anywhere else, it is up to thirty (30) days.
    • The delivery date is calculated from the date of our acceptance of your order. Please refer to the shipping page to find out more about our dispatch and delivery process.
    • You can review the current status of your order at any time by logging into your account on our Site.
  7. CANCELLATION, RETURNS AND REFUND POLICY
    • We hope you will be pleased with everything you have bought from us but if you are unhappy with your Product(s), you can return it to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
    • Please be aware that you have no right of cancellation for orders, if you have unsealed the Products after delivery, meaning that you have opened the sealed packaging by removing or breaking the sticker, whereby the Product(s) will not be suitable for return for reasons of health protection or hygiene.

Right to cancel your order

  • According to EU legislation, you have a legal right to change your mind and cancel the order, cf. the contract between you and us, within 14 days of delivery of your Product(s) without giving a reason. We have decided to extend your legal right and consequently, you may cancel any order within 30 days of delivery of your Product(s) without giving a reason.
  • The cancellation period will expire 30 days from the day on which you acquire, or a third party other than the carrier indicated by you, acquires physical possession of the Product(s). If you have ordered multiple Products in one order, the cancellation period will expire 30 days from the day on which you acquire, or a third party other than the carrier indicated by you, acquires physical possession of the last Product that makes up your order.
  • To exercise the right to cancel your order, you must inform us of your decision to do so by making a clear statement. Please do so by sending an e-mail giving notice of cancellation to our Customer Service Team at info@holigos.eu.
  • To meet the cancellation deadline under Clause 7.3, it is sufficient for you to send your communication concerning the exercise of your right to cancel your order before the cancellation period has expired.

Effects of cancellation of your order

  • If you exercise your right to cancel your order, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under Clause 10). If the Product(s) corresponds to the ordered Product(s) you will be responsible for paying the immediate costs of the return shipment.
  • We will make the reimbursement without undue delay, and in any event not later than:

(a) 14 days after the date on which we have received the Product(s) back from you or

(b) (if earlier than (a)) 14 days after the day you provide evidence that you have returned the Product(s),

(c) if there were no Product(s) supplied, 14 days after the day on which we are informed about your decision to cancel the order.

  • We will make the 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 the reimbursement.
  • We may withhold reimbursement until we have received the Product(s) back or you have supplied evidence of having sent back the Product(s), whichever is the earliest.

Faulty or mis-described Product(s)

  • If you are returning the Product(s) to us because they are faulty or mis-described, we will refund: the price of the Product(s) in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Product(s) to us in person). As a consumer, you will always have legal rights in relation to Product(s) that are faulty or not as described. These legal rights are not affected by the returns policy in this Clause 7 or any of the other general provisions of these Terms and Conditions of Sale.
  • We will refund you through the payment method used by you to pay.

How to return the Product(s)

  • If you change your mind and exercise your right to cancel under Clause 7.3 above after delivery, then the Product(s) must be returned to us. Please contact our Customer Service Team to arrange a return by sending an e-mail to info@holigos.eu.
  • If you exercise your right to return the Product(s) under Clause 11, because the Product(s) is faulty, was not delivered as described or you otherwise have a legal right to return the Product(s) as a result of something we have done wrong after dispatch of the Product(s), the Product(s) must be returned to us. Please contact our Customer Service Team to arrange a return by sending an e-mail to info@holigos.eu.
  • You must take care when opening the packaging that the Product(s) were delivered in and carefully re-pack the Product(s) in the original packaging prior to returning the Product(s) to us.
  1. YOUR INFORMATION
  2. OUR LIABILITY TO YOU
    • We are under a legal duty to supply Product(s) that is in conformity with our contract with you.
    • We are liable without limitation for (i) damages from injury to life, body or health caused intentionally or as a result of negligence on our part, our legal representatives or assistants in performance; (ii) damages caused by wilful misconduct or with gross negligence by us, our legal representatives and executive staff; (iii) damages caused by wilful misconduct by our other assistants in performance not mentioned in Clause 2 (ii); (iv) damages caused by the absence of guaranteed characteristics; (v) claims under the Product Liability Act; (vi) claims under a guarantee.
    • We are liable for damages resulting from the breach of material contractual obligations by us, our legal representatives, executive staff or assistants in performance; material contractual obligations are such duties whose fulfilment is a basic condition for contract performance, whose breach jeopardizes the achievement of the purpose of the contract and the fulfilment of which the contracting partner may regularly expect, so called cardinal duties. If the breach occurred through negligence of us, our legal representatives, executive staff or other assistants in performance our ensuing liability shall be limited to the amount which was foreseeable at the time the respective contract was concluded.
    • Any liability not expressly provided for above shall be disclaimed.
  3. EVENTS OUTSIDE OUR CONTROL
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
  4. RESOLVING DISPUTES
    • If you have a dispute with us relating to our contract with you, please contact our Customer Service Team by sending an e-mail to info@holigos.eu.
    • In the unlikely event that we are not able to resolve the dispute in the aforementioned way, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr. You will also always have the option of resolving the dispute using court action.
  5. UPDATING THESE TERMS OF SALE
    • We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. When these Terms of Sale are revised we will provide you the revised Terms of Sale in the form permitted by law no later than two months before their proposed date of application. The amendment is deemed to have been approved by you if you have not objected to the amendment before the proposed date for the amendments to take effect. We will specifically inform you in the offer about such deemed approval. We will then base the further business relationship on the amended version of the Terms of Sale. Any order of Product(s) by you will be governed by the terms and conditions available on our Site at the time you place the order.
  6. APPLICABLE LAW

These Terms of Sale are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to principles of conflicts of laws and without regard to the UN Convention on the Sale of Goods. This means that a contract for the purchase of Product(s) made through our Site and any dispute or claim arising out of or in connection with it will be governed by German law. For consumers, this choice of law shall apply only to the extent that mandatory provisions of the law of the country in which she/he has his/her habitual residence are not deprived.

  1. CONTACTING YOU
    • If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  2. CONTACT US
    • If you have any queries about these Terms and Conditions of Sale, please contact our Customer Service Team by sending an e-mail to info@holigos.eu.

 

Effective Date: These Terms and Conditions of Sale are effective as of 4 December 2018

 

 

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