Terms and Conditions

General Terms and Conditions of Sale
1. Scope
The following general terms and conditions (GTC) regulate the contractual relationship between Chilli Manufaktura s.r.o. and consumers and entrepreneurs who purchase goods through our online shop. We do not accept any terms and conditions that conflict with or deviate from our terms and conditions. The contractual language is German.
If the customer enters into a business relationship with Chilli Manufaktura s.r.o. by using the website, he or she recognizes the GTC as the basis for the entire business relationship between the customer and Chilli Manufaktura s.r.o.
2. Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
If we can accept the offer or if certain products in the order are no longer available, you will be informed of this immediately.
In the event of typographical, printing or calculation errors on the website, Chilli Manufaktura s.r.o. is entitled to withdraw from the contract.
All offers are valid while stocks last. If our supplier does not deliver the ordered goods despite contractual obligations, we are also entitled to withdraw. In this case, you will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (Saturdays are not considered working days) or, if requested, offset against other goods. We may refuse to refund until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is earlier.
The instructions on the requirements and consequences of the right of withdrawal are in the following

Only the German language is available for the conclusion of the contract

Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

When the contract with us is concluded depends on the payment method you choose:

Prepayment

We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.

Credit card

When you place your order, you also send us your credit card details. After you have been identified as the legitimate cardholder, we ask your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

3. Right of withdrawal

Consumers generally have a right of withdrawal.

More information on the right of withdrawal can be found in the seller's cancellation policy.

The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4. Prices and payment terms

Unless the seller's product description states otherwise, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option(s) will be communicated to the customer in the seller's online shop.
If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
If payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5. Payment

The following payment methods are available in our shop:

Prepayment

If you select the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Paypal

You pay the invoice amount via the online provider Paypal. You must be registered there or first register, authenticate yourself with your access data and confirm the payment instruction to us (exception: guest access, if applicable).

Credit card

When you place your order, you also send us your credit card details. After you have been identified as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.

Google Pay

During the ordering process, you will be redirected to the website of the online provider Google. There you can enter your payment details and confirm the payment instruction to Google. After you place your order in the shop, we will ask Google to initiate the payment transaction and thereby accept your offer.

6. Delivery

The delivery of goods takes place by shipping 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 is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Chilli Manufaktura s.r.o. is obliged to provide the service. Any amounts already paid will be refunded immediately by Chilli Manufaktura s.r.o.
Chilli Manufaktura s.r.o. can also refuse to provide the service if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Any amounts already paid will be refunded immediately by Chilli Manufaktura s.r.o.
If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.

7. Retention of title

The delivered goods remain the property of Chilli Manufaktura s.r.o. until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
8. Limitation of liability

We exclude liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to give you ownership of it. Furthermore, we must provide you with the item free of material and legal defects.

9. Warranty

The warranty period is in accordance with the statutory provisions. This is 2 years and begins from the time of receipt of the goods.

Claims against Chilli Manufaktura s.r.o. arising from a manufacturer's guarantee that may go beyond warranty claims are excluded, to the extent permitted by law. The customer is only entitled to claims arising from a manufacturer's guarantee against the manufacturer who has promised the guarantee.

The warranty does not extend to normal wear and tear or wear and tear through use.
If there is a defect in the purchased item for which Chilli Manufaktura is responsible, Chilli Manufaktura s.r.o. is entitled, at its own discretion, to remedy the defect or to provide a replacement delivery. If Chilli Manufaktura s.r.o. is not willing or able to remedy the defect/provide a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which Chilli Manufaktura s.r.o. is responsible, or if the remedy of the defect/replacement delivery fails in any other way, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

If a warranty claim occurs for a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect that is subject to warranty, Chilli Manufaktura s.r.o. will charge the customer for the costs incurred.
Compensation for consequential damage (due to defects), as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
If a product is already defective upon delivery (warranty claim), Chilli Manufaktura s.r.o. will, at the customer's discretion and at Chilli Manufaktura s.r.o.'s expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. A warranty claim does not apply in the following cases in particular:
in the case of damage caused to the customer by misuse or improper use,
in the case of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
Chilli Manufaktura s.r.o. also provides no warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an expenditure which, in view of the product price and taking into account the content of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in the service - whereby in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer must be taken into account - the customer's claim is limited to the other type of subsequent performance. Chilli Manufaktura's right to refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.
The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a contractually compliant condition within a reasonable period of time.
In addition, claims against the manufacturer may also exist within the scope of a guarantee granted by the manufacturer, which are governed by the corresponding guarantee conditions.
The statutory warranty of Chilli Manufaktura s.r.o. ends two years after delivery of the goods. The period begins upon receipt of the goods.

10. Dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our email address in our imprint. We are neither obliged nor willing to participate in the dispute resolution process.

11. Final provisions

If individual provisions of this contract are or become invalid or void in whole or in part, this will not affect the validity of the contract as a whole, provided that one of the contracting parties is not unreasonably disadvantaged as a result. Changes or additions to this contract must be made in writing.