Terms of Service
I. General Terms and Conditions
1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Webdots GmbH), via the website www.party365.com. Unless otherwise explicitly agreed in writing, the inclusion of any of your own terms will not be acknowledged.
(2) A consumer who falls within the meaning of the following provisions is any individual person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any individual, legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising their/its independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) The presentation of goods in the online shop www.party365.com is solely a non-binding invitation to you to order goods from us. The dispatch of the order therefore does not lead to the conclusion of the contract, but is your binding offer to conclude a purchase contract with us (Webdots GmbH). The contract - regarding the shipped goods - comes only with the delivery of the goods, which we inform you by mail.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the online‘shopping cart’. Via the corresponding button in the navigation bar, you can access your‘shopping cart’ and make changes there at any time.
After accessing the "CHECKOUT" page and entering your personal data as well as the payment and shipping options, all order data displayed in its entirety on the order summary page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Bank Transfer) as the payment method, you will either be directed to the order overview page in our online shop, or you will be redirected to the provider's website for immediate payment. If redirection to the respective instant payment system takes place (e.g. via PayPal), you will be able to appropriately select and input your data there.
Finally, you will be redirected back to our online shop’s order overview page. Before submitting the order, you have the opportunity to review all the information displayed. You can also change (also via the function "back" of the Internet browser), or cancel the purchase. By submitting the order via the button "BUY NOW" you declare acceptance of the offer which is legally binding, and by which the contract is concluded.
(4) Your queries for the creation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore need to ensure that the e-mail address you provide us with is correct; that the reception of the e-mails is technically ensured and, in particular; that no SPAM filters prevent any correspondence being received via e-mail.
3 Special agreements on offered payment methods
(1) SEPA direct debit (basic and / or company direct debit)
When paying by SEPA Core Direct Debit or by SEPA B2B Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The collection of the direct debit takes place within 10 days after the conclusion of the contract.
The pre-notification deadline is reduced to 5 days before the due date. You are required to ensure sufficient funds are available for the account on the due date. In the case of a return debit due to your fault, you must bear the applicable bank fee.
4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(1) We are fully liable for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase, and in all other legally regulated cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our customer information section (See Part II).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance you can regularly trust.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Telephone: +49 41319279189
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr .
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is English.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.
4. Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes. Deliveries to countries outside the European Union may incur additional costs, such as additional taxes and / or duties, such as customs duties.
5.2. The shipping costs are not included in the purchase price. They can be calculated via an appropriately designated button on our website or in the respective offer; will be shown separately in the course of the order process; and are to be borne by you in addition, unless free shipping delivery is promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
7. Legal Liability Right
7.1. There are statutory warranty rights.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
Right of Withdrawal
(A consumer is any individual person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed professional activity.)
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
- where you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods in a single order and these are delivered separately;
- where you or a third party named by you, other than the carrier, has or has taken possession of the last partial consignment or piece, provided that you have ordered a product that is delivered in multiple consignments or pieces;
In order to exercise your right of withdrawal, you must contact Webdots GmbH, Stadtkoppel 26, 21337 Lüneburg, Germany, Phone: +49 41319279189, Fax: +49 41319279612, by means of a clear statement (eg, a letter sent by post, Fax or e-mail) about your decision to withdraw from this contract. You can also use the attached withdrawal form template, however this is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
To simplify the return you can use our returns portal.
Consequences of the cancellation
If you withdraw from this Agreement, we will refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing an alternative delivery method than the most favorable standard delivery we offer), andwill be required to repay immediately or at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us).
The returns label must be created and printed out via our returns portal. For any shipments concerning customers outside of Germany, the shipping costs will not be reimbursed in the case of cancellation. This also applies to the return costs. For refunds on returns, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. Under no circumstances will you be charged for your refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earliest.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. To reiterate, the deadline is met if you send the goods before the deadline of fourteen days.
We bear the cost of returning the goods to you.
You only have to pay for a possible loss in the value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the condition, characteristics and functionality of the goods.
Exclusion / cessation reasons
The right of withdrawal does not exist for the following contracts:
- for the supply of goods which are not pre-fabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
- for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers or magazines with the exception of subscription contracts.
The right of revocation expires early in contracts:
- for the delivery of sealed goods that are not suitable for return for reasons concerning health or hygiene, if their seal has been removed after delivery; - for the delivery of goods, if, due to their nature, were inseparably mixed with other goods after delivery;
- for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery.