Statement according to §5 TMG
Mob.: +49 (0) 151 275 051 76
Terms & Conditions
2. Our details
East of Eden Design is an online shop registered in Berlin, Germany.
East of Eden Design
Fiscal Code: 31/194/00553
You can contact us by sending an email to email@example.com
3. Your details and your visits to this website
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. Use of this website
By using this website and/or by placing any order through it, you undertake:
- To use the website exclusively to make legitimate enquiries or orders.
- Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order.
- To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. Service availability
Items offered over this website are only available for delivery to Europe.
6. How the contract is formed
To place an order, you must follow the online purchasing procedure and click on “Authorise payment”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). You will be informed via email once the order is being sent (the “Shipping Confirmation”).
7. Availability of items
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will give money back.
8. Refusal of order
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Subject to availability and unless there are any exceptional circumstances, we will endeavour to fulfil your order for item(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If our supply of the items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. Please ensure that items ordered can fit into your home, the areas for which it is intended or location for delivery. If the item(s) do not so fit, you can still accept delivery or you can return the items, but any return will be at your own cost (see further our Returns Policy). For the purpose of these Terms “delivery” or “delivered” shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.
10. Unable to deliver
If we are unable to deliver, your item(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.
11. Risk and title
The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.
12. Price and payment
The prices on the website include VAT but exclude delivery costs, which will be added to the total amount. Once you have finished shopping all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. Payment can be made by Visa, Mastercard and PayPal. Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
13. Return policy
Statutory right to cancel your purchase Right to cancel If you are contracting as a consumer, you have the right to cancel the Contract, within 14 days, without giving any reason. The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the items. To exercise this cancellation right, you must notify us of your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract. You may notify us by sending us an email to firstname.lastname@example.org.
The shipping expenses for returning an order are not covered by us, and must be paid by you, and must also be arranged by yourself. The items are your responsibility until they reach our warehouse. Please make sure you pack the return safely to prevent any damage to the products or boxes. Make sure the product’s original packaging is intact. Please keep receipts and tracking numbers as proof of sending the items back. Products should be shipped to our warehouse no later than 14 days from informing us about cancelation the Contract.
Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.
You will receive your refund within 14 days after we receive the notification. However the refund will not be paid before we have received the items at our warehouse which which is located at:
East of Eden Design
10407 Berlin, Germany
If the items are not received in their original packaging and in the same condition as you received it a deduction can be made in your refund similar to the decrease of the value of the items.
14. Liability and disclaimers
We do not guarantee that all the items available at the www.eastofeden.design are in stock at the time of your order. East of Eden Design cannot warrant that the content of the site is at all time free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. East of Eden Design may at any time change the content of the site. Though moyha.com strive to always display the correct texts, images and pricing on the site and web shop, errors can occur. If you have been charged the wrong amount when shopping from the web shop, we will give you the option of placing a new order with the correct price or canceling your order. If we are unable to get in touch with you, your order will be automatically cancelled. We cannot guarantee that colours in the website are fully equivalent to the items’ actual colours. This depends partly on the colour settings of your computer and monitor. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item.
15. Intellectual property
Copyright in the documents provided in this site (including logos, graphics, text, photos, icons, images and designs) are owned by East of Eden Design
16. Our right to vary these terms
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
17. Law and jurisdiction
The use of our website and the Contracts for the purchase of items through such website will be governed by German law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the German courts.