Terms & Conditions
of
The English Tearoom
Owner: Lynn Hazlewood
Weißenburgstrasse 29
70180 Stuttgart
Tel: 0711 – 518 74 006
E-Mail: [email protected]
1. General provisions
All deliveries and services which we provide via our online shop are provided exclusively on the basis of these Terms and Conditions (hereinafter “T&C“).
They apply irrespective of whether the Customer is a consumer, entrepreneur or a businessman.
The version of the T&C valid at the time the contract is concluded applies.
Contractual conditions of our Customers which deviate from or are in opposition to these T&C do not apply. This applies even if we do not expressly reject them or perform our delivery or service in awareness of the contractual conditions which deviate from or are in opposition to our T&C.
For the purpose of these T&C, the term “Consumers” refers to natural persons placing an order which cannot be attributed to a commercial, self-employed or freelance activity.
For the purpose of these T&C, the term “Entrepreneurs” refers to natural or legal persons or partnerships with legal capacity placing an order for commercial, self-employed or freelance purposes.
The term “Customers” refers to consumers and to entrepreneurs.
Your contracting partner is
The English Tearoom
Owner: Lynn Hazlewood
Weißenburgstrasse 29
70180 Stuttgart
Tel: 0711 – 518 74 006
e-mail: [email protected]
VAT ID No. DE 275507155
2. Conclusion of the contract
Our offers in our online shop are non-binding. They are merely invitations to make an offer.
By placing an order in our online shop, our Customer is making a binding offer to purchase the relevant product or to book the relevant seminar.
We will send our Customer a confirmation of receipt without delay after receiving the order. This confirmation of receipt does not constitute acceptance of the offer. The offer shall only be deemed accepted by us once we have accepted the Customer’s offer by way of an order confirmation or by sending the goods. The contract with the Customer only comes into effect on acceptance by us.
We do not offer any products or services for purchase or procurement by minors. If you are under the age of 18, you will need to obtain the assistance of your parent or guardian.
3. Order process, language of the contract and saving and retrieving the contract text
Ordering goods and booking services (seminars) in return for payment via our online shop involves the following steps:
You can select the products you desire from our range and collect them in your “shopping cart” by clicking the button “Add to cart”. In the shopping cart overview, you can modify the order at any time and/or remove individual items from the shopping basket using the “Remove” button.
By clicking on the “Checkout” button, you move to the next order stage in which you must enter the invoice and delivery address. You have the option of setting up a user account with us. In order to do this, please provide your e-mail address and a password. You can then choose your preferred method of payment: advance payment, invoice, direct debit SEPA, credit card or PayPal.
In order to complete the registration process, you must confirm, by clicking on the “Read and accepted Privacy Policy” button that you have read and accepted the Privacy Policy.
In the next step, by clicking on the “Review order” button, you are shown an order summary listing the products contained in the shopping basket, the delivery/invoice address and the payment/postage information. You can modify your order in the shopping basket at any time by clicking on the “Back” button.
By clicking on the “Place Binding Order” button, you are submitting a legally binding offer to enter into a purchase contract or a contract for services (seminars). However, you can only submit an order if you put a tick in the box next to “I have read, understood and agree to The English Tearoom Terms and Conditions, Cancellation Policy and the Privacy Policy.” and thereby include our T&C in your offer.
You can view our T&Cs on our online shop website on the Internet at www.the-english-tearoom.de under “Terms and Conditions” and print them out. You can save the T&C by using the usual functions of your browser (normally “File” → “Save as“). We also send you our T&C again with the order confirmation by e-mail. You can print out and save the order confirmation as well as the T&C using your programmes.
We store your order data but you cannot see these directly. However, you can view the status of your order and manage and amend your data by accessing “Your account”, which is password-protected. You must register first in order to be able to use this facility.
We will confirm the receipt of your order via our online shop by e-mail without delay. This confirmation of receipt does not yet constitute legally binding acceptance of your offer by us. We only accept your offer once we send the goods to you or you receive an order confirmation from us. This can be sent by e-mail and does not need to be affixed with a signature. You will receive your order confirmation by 7 days after placing your order at the latest. You can print out this order confirmation at any time from your e-mail account or via a direct link from our shop. If you choose to pay by “PayPal”, the contract will take effect when you place your order or book the seminar and the payment is forwarded to us by the payment service provider. If you would like to make a non-binding offer for a product, you can do this by sending us an e-mail. On request, we will then send you a binding offer in writing (e.g. by e-mail) which you can accept within 7 days.
You are responsible for ensuring that the personal data you input during the registration process are correct and complete. You must treat your access data confidentially and ensure that they cannot be accessed by unauthorised third parties.
We wish to point out that if you choose to pay by way of “advance payment”, the goods will only be dispatched once the full amount has been credited to our account. Should your payment not reach us within seven calendar days of when the order confirmation is sent, despite being due and despite us sending you a further reminder, we are entitled to rescind the contract. This means that we are no longer under an obligation to deliver the goods.
The contract language is German.
4. Delivery period and reservation of self-supply
We do not assume a risk of procurement, not even for a purchase contract for generic goods. We only have an obligation to deliver goods we have in stock and from the goods ordered from our suppliers.
Our obligation to deliver shall lapse if our own suppliers do not supply us on time despite a congruent cover transaction, we are not responsible for the lack of availability, we have informed our Customers without delay and we have not assumed a risk of procurement. In this case, any advance payment already made shall be refunded without delay.
In the event of delays in delivery or performance caused by force majeure, strike, lock-out, official interventions, transport hindrances for which we are not responsible, shortages of raw materials or energy, operational disruptions for which we are not responsible such as fire, floods, earthquakes, damage to machinery or other hindrances for which we are not responsible, the period for delivery and performance shall be extended by a reasonable amount of time. We will inform our Customers of the beginning, end and, where possible, the expected duration of the hindrance without delay. Our Customers are entitled to rescind the contract if the hindrance to performance extends beyond four weeks after the performance and delivery date originally agreed. Further-reaching claims, especially for compensation, do not apply in such cases.
Should a seminar you have booked with us have to be cancelled owing to force majeure, because one of the instructors is unable to attend, for obstructions at the venue or owing to the fact that too few people have signed up (less than five people), you will be informed without delay. If the seminar must be cancelled because too few people have signed up, you will be informed no later than two weeks before the seminar. In such cases the seminar fees will be refunded.
5. Prices and postage fees
The prices shown in the offer at the time of the order or the prices published in our online shop at the time when you make your offer apply. Our prices always include the statutory value added tax applicable at the time when the contract is concluded. Unless otherwise agreed, our Customers pay the postage fees, costs of gift wrapping, customs duties and other charges.
Within Germany postage is free of charge where the order value is at least € 50.00. The postage fee for orders under € 50.00 is € 6. Shipment is carried out by the delivery service of DHL (GoGreen). If you cancel part of an order exceeding € 50.00 and the order value is reduced as a result to under € 50.00, the postage fee of € 6 will be charged subsequently.
Deliveries to Belgium, Bulgaria, Denmark (excluding the Faroe Islands, Greenland), Estonia, Finland (excluding the Aland Islands), France (excluding overseas territories and departments), Greece (excluding Mount Athos), Ireland, Italy (excluding Livigno and Campione d’Italia), Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands (excluding non-European territories), Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta and Melilla), the Czech Republic and Cyprus (excluding northern Cyprus) are free of postage charges where the order value is at least € 120.00. For orders under € 120.00 we charge a fixed fee of € 15.00 for postage irrespective of the order value.
We also deliver to Switzerland, Norway and Great Britain but wish to point out that separate taxes or customs duties are often incurred when importing goods into Switzerland, Norway and the UK. Deliveries to Switzerland, Norway and the UK are free of postage charges where the order value is at least € 150.00. For orders under € 150.00 we charge a fixed fee of € 20.00 for postage irrespective of the order value. This does not include any import taxes or customs duties which may be due. Where these are incurred they must be borne by the Customer, unless otherwise agreed.
Please contact us should you be interested in having a delivery made to any other country. You will be informed of the postage charges and all other conditions of delivery before your order is dispatched.
We can also send your order as a gift – attractively wrapped. Where possible, we can also post your order on a date of your choosing. This must be expressly agreed. If you would like to use our gift service, please send us an e-mail or call us. Unless otherwise agreed, the costs must be borne by the Customer.
6. Offsetting and right of retention
Our Customer is not entitled to any rights to offset or rights of retention unless the Customer’s counterclaim is undisputed or has been established with bindingly legal effect. However, our Customer is entitled to offset his claims against our claims if he is asserting claims for defects or claims arising from the same contractual relationship.
7. Shipment, insurance and transfer of risk
Unless expressly otherwise agreed, we will determine the most suitable method of shipment and choose the shipping company at our due discretion.
If the Customer is a Consumer, the risk of accidental deterioration, accidental damage or accidental loss of the goods supplied passes to the Consumer or to a recipient designated by him at the time when the goods are handed over to the carrier. In all other cases, the risk of accidental loss and accidental deterioration of the goods passes to our Customer on handover and, in the case of goods sent by post, when the goods are handed over to the carrier or other person or company instructed to deliver the goods.
We will insure the goods against the usual transportation risks at our cost.
8. Due dates and methods of payment
Unless otherwise agreed, our claims (purchase price, seminar fees) shall be due for payment when the contract is concluded.
We offer the following methods of payment: advance payment, invoice, credit card, direct debit SEPA or PayPal. However, we reserve the right not to offer certain methods of payment for certain orders and to refer to other methods of payment. The conditions for the various payment methods are as follows:
Advance payment requires the entire invoice amount without deductions to be paid into our account before we can arrange for the goods to be dispatched. The bank transfer must be in euros. After receipt of your order, we will send you an order confirmation containing the invoice amount and our account details. We will send your goods immediately after your payment has been credited to our account. This applies to goods sent to Germany and Europe.
Payment by invoice is only possible for regular Customers and requires the Customer to have ordered from us at least once or to order from us regularly. The invoice is due for payment 14 days after dispatch of the goods. The maximum order amount is € 250.00.
If you choose to pay by credit card, you can pay online either with Visa or MasterCard. Your credit card will be charged after the order has been placed and at the earliest immediately after the contract has been concluded. Only then do we send the request for payment to the credit card company. The goods will be dispatched after confirmation of collection of the payment.
Should you choose to pay by way of direct debit SEPA, we will only debit your account after first sending you prior information.
If you choose to pay by PayPal, we will send the goods immediately after receipt of the payment confirmation from PayPal. Payment by PayPal requires you to open an account on the PayPal website at www.paypal.com and, if you already have one, to log in and to make the payment.
All bank charges and other costs relating to the money transfer must be borne by our Customers.
In the event of default with payment, the statutory provisions apply.
9. Retention of title
We reserve the title in the goods supplied by us until the purchase price including the value added tax and the postage fee for the goods in question have been paid in full.
If the Customer is a regular Customer, he is entitled to sell the goods concerned in the ordinary course of business at his usual conditions. For such cases, the Customer hereby assigns us the claims arising from the onward sale up to the value of our invoice. We hereby accept this assignment. Our Customer is authorised to collect the claim even after the assignment. We can collect the claim assigned to us ourselves and require the Customer to inform his creditors of the assignment if the Customer falls into default with payment. We can request, at any time, that the Customer inform us of the assigned claims and their creditors and provide us with all information necessary to collect the claims and with all of the associated documents.
10. Liability for defects (purchase)
The statutory provisions on liability for defects apply in the case of Consumers.
If the Customer is an Entrepreneur, we can choose between remedying the defects and delivering goods free from defects. The Entrepreneur must also carefully inspect the goods immediately after receipt. The goods supplied shall be deemed approved by the Entrepreneur if we are not notified of a defect within three working days after the delivery, in the case of apparent defects, and in all other cases within three working days of when the defect was discovered.
The special provisions on liability under section 10 of these T&C also apply to the Customer’s compensation claims.
The statutory limitation periods apply.
11. Liability
We, our statutory representatives and vicarious agents shall be liable to you in all cases of contractual and non-contractual liability without limitation:
- for damage caused as a result of injury to life, body or health;
- for intent and gross negligence as well as fraud;
- in cases of liability under the Product Liability Act (Produkthaftungsgesetz);
- in the case of a warranty for quality or durability if we have extended such a warranty for the product supplied.
Only in the case of negligent breach of an essential contractual duty, fulfilment of which is fundamental to proper performance of the contract and on the fulfilment of which you as a Customer are regularly entitled to rely (so-called cardinal obligation (Kardinalpflicht)), our liability as well as the liability of our statutory representatives is restricted to reimbursement of the foreseeable and typical damage. In all other respects, our liability is excluded.
12. Copyright and other intellectual property rights
We wish to point out that we are the owners of all of rights of use under copyright law, trade mark rights and other intellectual property rights in the images, films, graphics and texts published in our online shop. Any use of this material requires our express consent.
13. Cancellation right
Customers who are Consumers have a cancellation right in accordance with the statutory provisions. Please take note of the following instructions regarding cancellation when purchasing goods and booking seminars:
13.1. Instructions regarding cancellation for the purchase of goods for the case of contracts concluded outside of our business premises and in the case of distance selling contracts
Cancellation instructions / Cancellation right
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you, or a third-party named by you who may not be the carrier, took receipt of the goods.
In order to exercise your cancellation right, you must inform us (The English Tearoom, Owner: Lynn Hazlewood, Weißenburgstr. 29, 70180 Stuttgart, Telephone: Tel: 0711 – 518 74 006; e-mail: [email protected]) by way of a clear declaration (e.g. in the form of a letter, sent by post, fax or e-mail) of your decision to revoke the contract. You can, but are not obliged to, use the attached template for a cancellation form for this purpose.
You shall be deemed to have observed the cancellation period if you send your declaration stating that you are exercising your cancellation right before expiry of the cancellation period.
Consequences of cancellation
Once you cancel this contract, we must refund you all payments received from you, including postage fees (with the exception of the additional costs which result from you having selected a type of delivery other than the cheapest standard delivery offered by us) without delay and within fourteen days of the day on which we receive your declaration cancelling the contract. For this refund we will use the same method of payment as you used for the original transaction, unless otherwise expressly agreed with us; under no circumstances will you be charged fees for this refund. We can refuse to refund you until we have received the goods or until you have furnished proof that you have sent the goods back, depending on which is the earlier.
You must send the goods back or hand them over without delay, and at the latest within fourteen days of the day on which you inform us that you are cancelling this contract, to The English Tearoom, Owner: Lynn Hazlewood, Weißenburgstr. 29, 70180 Stuttgart. The time limit shall be deemed observed if you send the goods before expiry of the fourteen-day period. You must bear the direct costs of returning the goods.
You must only pay for any loss in value of the goods if this loss in value results from you having handled them in an unnecessary manner in order to inspect their quality, characteristics and functionality.
13.2. Instructions regarding cancellation for the booking of seminars for the case of contracts concluded outside of our business premises and in the case of distance selling contracts
Cancellation instructions / Cancellation right
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the contract is concluded.
In order to exercise your cancellation right, you must send us (The English Tearoom, Owner: Lynn Hazlewood, Weißenburgstr. 29, 70180 Stuttgart, Telephone: Tel: 0711 – 518 74 006; e-mail: [email protected]) by way of a clear declaration (e.g. in the form of a letter, sent by post or e-mail) of your decision to revoke the contract. You can, but are not obliged to, use the attached template for a cancellation form for this purpose.
You shall be deemed to have observed the cancellation period if you send your declaration stating that you are exercising your cancellation right before expiry of the cancellation period.
Consequences of cancellation
Once you cancel this contract, we must refund you all payments received from you, including postage fees (with the exception of the additional costs which result from you having selected a type of delivery other than the cheapest standard delivery offered by us) without delay and within fourteen days of the day on which we receive your declaration cancelling the contract. For the refund we will use the same method of payment as you used for the original transaction, unless otherwise expressly agreed with us; under no circumstances will you be charged fees for this refund.
If you have asked for the services to commence during the cancellation period, you must pay us a reasonable amount to cover the part of the services provided up to the time when you informed us that you were exercising your right to cancel the contract in comparison to the total scope of the services provided for in the contract.
13.3. Exclusion of the cancellation right
The cancellation right does not apply to distance selling contracts where this is excluded in accordance with section 312g of the German Civil Code (Bürgerliches Gesetzbuch),
We wish to inform you that the cancellation right is excluded inter alia for the following distance selling contracts:
- contracts for the supply of goods which have not been prefabricated and for which an individual selection or determination by the Customer is decisive or which are clearly tailored to the personal requirements of the Customer,
- contracts for the supply of goods which can quickly spoil or which are close to expiry,
- contracts for the supply of sealed goods which are not suitable for return on grounds of health protection or hygiene, if the seal was removed after delivery,
- contracts for the supply of goods if these were combined with other goods after delivery in a manner which makes them inseparable owing to their composition,
- contracts for the provision of services in the fields of accommodation for purposes other than residential purposes, delivery of food and drinks as well as for the provision of other services in connection with leisure activities, if the contract provides for the service to be provided on a specific date or in a specific period. This does not apply to contracts for travel services in accordance with section 312g(2) second sentence of the German Civil Code.
14. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed your order as a Consumer and your usual place of residence is in another country at the time when you placed your order, the application of mandatory legal provisions of this country remain unaffected by the choice of law made in the first sentence.
If you are a businessman within the meaning of the German Commercial Code (Handelsgesetzbuch) or a body under public law or a special fund under public law, the exclusive place of jurisdiction, where permitted by statute, is Stuttgart. In these cases we are also entitled to file a claim against you before the court competent for the place where you have your registered office.
15. Reference to the EU Dispute Resolution Platform (ODR Platform)
For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr.
16. Reference in accordance with the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz)
The English Tearoom is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Latest Update: November 2022.