Terms and Conditions (GTC)
Terms and Conditions (GTC) of Onlineshop-Asia
§1 Scope, definitions of terms, defense clause, general notes
1) The following terms and conditions apply to the business relationship between the operator of the online shop "Onlineshop-Asia" (hereinafter called "Provider") and its customers (hereinafter called Customer") in the current version at the time of order.
2) The terms and conditions can be found on our website at any time and then be read, printed or saved on a local computer.
§2 Conclusion of contract
1) The following provisions on the conclusion of the contract apply to orders in our online shop "www.onlineshop-asia.com".
2) In case of conclusion, the contract with Onlineshop-Asia, Sukhumvit Soi 67, 10110 Bangkok, Thailand is concluded.
3) The presentation of goods on Onlineshop-Asia does not bind the seller to conclude a sales contract but offers only a non-binding possibility to order goods.
4) Upon receipt of a completed order in our online shop is effective: The customer makes a binding contract offer.
A completed order comes about as follows:
a) The customer can make a binding order as guest (without registration) or as registered customer. In both cases, he must give accurate personal information for the proper processing of the order and its shipping.
b) Goods can first be placed in the cart without obligation and can be ordered afterwards.
c) Before ordering, selected goods can be collected in the cart, the order quantity can be changed, new products can be added, and goods already contained can be removed.
d) By sending the order the customer agrees to these terms and conditions and makes a binding offer for him to conclude a purchase contract according to the items in the basket and on the terms specified therein. During the checkout process, the customer will also be asked to accept the Terms and Conditions. Without this active recognition the ordering process can not be completed.
e) After submitting the order, the customer immediately receives a confirmation email created automatically. This does not constitute binding acceptance of the purchase contract by the provider.
f) A binding purchase contract for the seller only comes through a personal and explicit declaration of acceptance of the offer by the seller in the form of another email.
Before dispatching the binding order, the customer may at any time access already made information through the "Back" button integrated in the shop or the "Back" button of the Internet browser and if necessary amend or correct input errors or cancel the order process by closing the Internet browser.
5) The data of the purchase offer is stored by the provider. As a registered customer you can review your past orders in our customer area under "My Account" -> "orders" at any time. You can also view our terms and conditions at any time on our pages (left, penultimate block under "Conditions ...").
§3 Prices and shipping costs
1) For each order, we charge a fixed and unique flat shipping fee of 2,50 Euro (regardless of the quantity of ordered items) If necessary, the value will be converted into the selected foreign currency during the payment process. A sales tax is not collected by the seller due to the small business status.
2) All prices of products on "Onlineshop-Asia" already contain the costs of packing and handling.
3) taxes and other costs, such as any import duties which are not provided to the customer by the provider are not the responsibility of Onlineshop-Asia.
4) More information can be found on our pages left in the penultimate block under "Shipping and Delivery".
§4 Terms of payment / maturity
1) The customer has the option of paying in advance (bank transfer) or with Paypal. The customer agrees to pay according to the chosen payment method.
2) In case of paying advance (bank transfer) the customer has to pay the invoice within 2 weeks after receipt of the order confirmation to our German bank account, stating the invoice number or order number. If necessary, overdue bank charges (eg, by unfavorable currency conversion or chosen method of payment) will be fully borne by the customer.
3) If the customer is in default with the payment, default interest in the amount of 5 % above the base rate of the "Deutsche Bundesbank" (German Central Bank) may be required from the provider.
4) The customer may only offset through undisputed or legally established claims .
5) A so called right of retention can only be exercised by the customer if its counterclaim is based on the same contractual relationship.
§5 Reservation of Ownership
Goods, whether already delivered or not, remain owned by the provider until the full receipt of the respective accounts owned by the provider.
§6 Product Availability and Delivery
1) Usually all of our products are available in stock and ready to ship within one day, unless specified otherwise in the description of a product.
2) The provider does not guarantee a reservation of the ordered goods until full payment is received. Should any goods be no longer in stock until the full payment is received, the customer will be informed. The curomer then has the right to change the order or demand the refund of the full payment.
3) After the receipt of money on our German bank account or the positively confirmed Paypal or Sofort AG payment, the product will be promptly shipped, which means when possible on the next business day. The customer will receive a shipping confirmation with the appropriate shipping details.
4) If Onlineshop-Asia in exceptional cases might not be able to send ordered goods despite declaration of acceptance of the offer, the provider is entitled to to resign from the purchase contract. If this is the case, the customer will be informed immediately and promtly refunded any payments already made. Further claims of the customer are excluded.
5) If, after receipt of the full payment a timely delivery of the goods ( within the next 5 business days) should not be possible, the provider will inform the customer about it. The customer then has the right to withdraw from the purchase of the respective product(s) up to the date of actual shipment of the goods.
6) For delays in delivery despite timely shipping, beyond the provider's leverage, Onlineshop-Asia accepts no responsibility.
§7 Shipping, customs and import matters
We take responsibility for the export (out of Thailand) and the shipment of the goods to the destination country. In addition, we guarantee proper packaging and labelling of the consignment including the "CN22 Customs Declaration" to ensure proper customs clearance.
All customs and other import matters in the destination country are the sole responsibility of the recipient. (We have no influence on that.)
This applies in particular to delays in delivery in the destination country, import duties (import sales tax, customs duties, any additional fees of the deliverers, ...), as well as returns resulting from import regulations of the destination country or caused by inattentiveness of the recipient.
§8 Cancellation Policy
We operate our online shop in Thailand, which involves, among other things, much higher shipping costs for the provider. Therefore some formulations inevitably differ from the EU law / German law.
1) Right of revocation
a) The customer may revoke his contractual declaration within 2 weeks after receipt of the goods or the first partial delivery in writing (email) without giving reasons. A timely mailing of the revocation is sufficient in order to preserve the revocable period.
b) In case of a proposed revocation it is requested to previously inform the seller by email via the contact form. The provider will then send a confirmation and an explanation of how to proceed to the customer. The revocation must be sent to: firstname.lastname@example.org
2) Consequences of Cancellation
In case of an effective cancellation, the following applies:
a) If the reason for revocation lies in a fault of the provider (eg the goods received does not correspond to the order) the originally ordered goods will be sent to the customer again without further costs. If the shipment of the respective goods is no longer possible, the customer is refunded the full purchase price after examination of the facts. A return of the goods to the supplier is only requested with the consent of the provider. If the provider approves and requests a return of the goods, the costs incurred for returning will be paid by the provider in full.
b) If the delivered goods correspond to the order and an effective revocation is still carried out (for example because the goods have been ordered by mistake, references were not perceived in the description of the goods, the goods do not meet the expectations of the customer or the customer did not accept the goods consciously or not or has not picked them up on time at the post office), the return of goods is at the expense and risk of the customer. After the goods have been returned and were received by the provider again, the provider will refund only the real value of the goods (buying price).
c) If the returned goods do not arrive in full or in a deteriorated condition, the customer must make a corresponding compensation. This excludes signs of use and tear or deterioration, which simply refers to an adequate product testing (such as fitting). Adequate product testing and trying on the current item is meant as it would also be possible and customary in a retail store.
d) Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the sending of the revocation or the goods, for the provider with the receipt.
End of cancellation policy
§9 Screen Display
1) The images that are used to describe the goods are sample photos. These do not represent in any case the article true to life, but are illustrative.
2) Depending on the used screen and display settings, especially colors and sizes may appear differently.
§10 Data privacy and protection
1) Quantity-on-hand and usage data of the Customer will only be collected, processed or used, to the extent necessary for the execution of the contract.
The images, graphics and descriptions of individual contributions used on the website are protected by copyright. Any reproduction or use is not permitted without the express permission of Onlineshop-Asia.
§12 Severability Clause
If any provision of these terms and conditions is invalid, the validity of the remaining provisions shall not be affected thereby.
§13 Contract Language
German and English are both available as contract language.
State of the Terms: May 2014 (change / introduction of shipping charge: 26.04.2015. Paragraph 7 "Shipping, customs and import matters" has been added on March 28th 2019.)