Terms and conditions
General business terms and conditions with customer information
(The following terms and conditions contain legal information about your rights under the rules of contracts for long distance and electronic business transactions.)
- 1. Applicability
- 2. Offers and service descriptions
- 3. Ordering process and conclusion of the contract
- 4. Prices and shipping costs
- 5. Delivery, availability of goods
- 6. Terms of payment
- 7. Reservation of ownership
- 8. Material defects warranty and guarantee
- 9. Liability
- 10. Storage of the contract text
- 11. Place of jurisdiction, applicable law, contract language
1.1. For the business relationship between 5 Targets Ltd, Lordou Vyronos 61-63, 6023 Larnaca, Cyrpus (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") is subject to the following terms and conditions in its version valid at the time of the order.'
1.2. You can contact our customer service for questions, reclamations and complaints by telephone or via our contact form.
1.3. Consumer (in the sense of these Terms and Conditions) is every person which concludes a legal transaction for a purpose which can not be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the customer are not accepted, unless the seller explicitly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The representation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in the catalogs and on the websites of the seller do not have the character of a promise or guarantee. Service descriptions in the catalogs and on the websites of the seller do not have the character of a promise or a guarantee.
2.2. All offers are valid "while stocks last", unless it is stated otherwise in the products description. Errors and omissions are possible.
3. Ordering process and conclusion of the contract
3.1. The customer can select products from the assortment of the seller without obligation and put them in the shopping cart via the [in the cart] button.
3.2. Afterwards, the customer can complete the ordering process via the [to the checkout] button within the shopping cart.
3.3. Via the button [Buy], the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and review the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by an E-Mail, in which the customer's order is listed again and the customer can print out the order confirmation via the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does no constitute acceptance of the application. The purchase contract is not concluded until the seller has sent the ordered product to the customer (within 2 working days) or confirmed the shipment of the ordered product to the customer (within 2 working days) with a second e-mail, express order confirmation or delivered the invoice.
3.5. If the seller allows advance payments, the contract is concluded with the provision of the customers banking information and request for payment. If seller has not recieved the payment within 10 calendar days after the order confirmation has been sent, the seller will cancel the contract and the order will be void (the seller is not obliged to deliver the item). The order is then concluded for the buyer and the seller without further consequences for either side. This means that the item which should be paid in advance will be reserved for 10 calendar days at most.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the statutory taxes.
5. Delivery, availability of goods
5.1. If there are no available copies of the product selected by customer at the time of ordering, the seller will inform the customer of this in the order confirmation E-mail. If the product is permanently unavailable, the seller will also inform the customer of it. In this case a contract can not be concluded.
5.2. If the product ordered by the customer is only temporarily unavailable, the seller will immediately notify the customer about it in the order confirmation E-mail. In the case of a delivery delay which is longer than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to terminate the contract. If that happens the seller will immediately refund any payments the customer has already made. If payment has been made in advance, delivery will be made upon receipt of the invoice amount.
6. Terms of payment
6.1. The customer can choose between the available payment methods before the completion of the ordering process.
6.2. If a third party is in charge of the payment processing, e.g. Paypal their general terms and conditions of business apply.
6.3. Since the due date of the payment is determined in accordance with the calendar, any failure by customer to meet the payment deadline will be threated by default. In this case, the customer has to pay default interest which is 5 percentage points (5%) above the base interest rate.
6.4. The obligation of the customer to pay interest on arrears does not mean that seller can not assert further damages caused by the delay of the payment.
6.5. A right to the compensation is entitled to the customer only if his counterclaims are legally established or recognized by the seller. The customer can only exercise a right of retention if the claims are coming from the same contractual relationship.
7. Reservation of ownership
7.1. The delivered products remain the property of the seller until full payment has been received.
8. Material defects warranty and guarantee
8.1. The warranty is determined by legal regulations.
9.1. The following exclusions and liability disclaimers apply to seller’s liability for damages regardless of the other statutory requirements.
9.2. The seller will be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for any slight negligent breach of essential obligations whose violation jeopardizes the attainment of the contract or for the breach of duties whose fulfilment makes the proper execution of the contract possible and on whose compliance the customer regularly relies. In this case, the seller is only liable for the foreseeable, contract-predicted damage. The seller is not liable for the slightly negligent violation of obligations (other than those specified in the preceding sentences).
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. The liability according to the product liability law remains unaffected. The liability according to the the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or is limited, this also counts to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The seller will store the contract text of the order. The terms and conditions are available online. The customer can print the agreement text before submitting the order to the seller, by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the specified E-Mail address. In addition, the customer will receive a copy of the terms and conditions with his order.
11. Place of jurisdiction, applicable law, contract language
11.1. Place of jurisdiction and place of fulfilment is the registered office of the seller, if the purchaser is a merchant, a legal entity under public law or a special fund.
11.2. The law of the Republic of Cyprus applies. This does not apply if mandatory consumer protection rules conflict with such an application.
11.3. The contract language is English.
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