BlissfulCherry: Terms and Conditions
This Terms and Conditions was last modified on August 7, 2018.
General terms and conditions of business - BlissfulCherry
These BlissfulCherry Terms and Conditions and any other terms referred to in these terms, such as terms provided in the Privacy Policy and Medical Disclaimer ("Terms"), apply between you ("Customer") and BlissfulCherry LLC (referred to as "BlissfulCherry" or "we"), when you purchase products and/or accessories from the BlissfulCherry website ("Product").
Please carefully read these Terms. By ordering a Product, you, the Customer, are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, DO NOT PLACE AN ORDER.
Applicability
The following Terms and Conditions of Business shall be exclusively applicable unless expressly agreed to by BlissfulCherry, any terms and conditions by another contracting party which deviate from our own shall not be recognized. Deviations shall only be valid if they have been expressly acknowledged by BlissfulCherry. The General Terms and Conditions of BlissfulCherry shall also apply to all future business with the respective contracting party.
Purchase price
The purchase price shall be calculated on the basis of the adjoining price list (incl. packing and shipping). The due date of the purchase price shall likewise be specified according to the current price list. Insofar as payment terms which deviate from the price list are agreed upon, these must be confirmed in writing by BlissfulCherry.
Delivery
The merchandise shall be delivered to the business or private address of the customer pursuant to the particulars provided by the latter. The price risk shall pass from BlissfulCherry to the customer once the merchandise has been transferred to the shipping agent.
Warranty
The acceptance of the delivered merchandise shall be subject to examination for correctness and suitability. The customer shall be obliged to examine the delivered merchandise within a reasonable time for obvious discrepancies in quality and quantity. Notification of defects is deemed to have been given within a reasonable period if it is received by BlissfulCherry within 3 working days of delivery to the customer.
In the event of a warranty claim, BlissfulCherry shall be entitled to replace the merchandise at its discretion. BlissfulCherry reserves the right to negotiate alternative compromises for such warranty claims, which will only initiate upon written agreement between the customer and BlissfulCherry.
The customer can request a refund if and only if the product has not been used, and if there are clear physical and/or electrical defects with the part, or if the product received is drastically and consequentially different from the product intended to be ordered and received by the customer.
BlissfulCherry provides NO warranty for defects and the consequences thereof due to incorrect use of the merchandise, in particular if the method of use is contrary to the manufacturer's specifications.
In addition, under no circumstances may the Customer claim a refund or replacement for a product solely on the basis of personal preference upon receiving said product, so long as the product ordered matches the product information provided by BlissfulCherry before purchasing. Such product information is readily available not only on the BlissfulCherry site in order to initiate the purchase, but as well as in the description shown on the PayPal site before finalizing the purchase.
Upon using the product for the first time, any right for potential refund or replacement is immediately nullified by the customer indefinitely.
No product liability shall be accepted by BlissfulCherry, particularly claims for damages by a customer due to incorrect use of the merchandise by a customer or contrary to the manufacturer's specifications. The merchandise is used at the customer's risk. BlissfulCherry will NOT be liable for deliberate acts and gross negligence.
Miscellaneous
The place of jurisdiction for registered tradesmen for all disputes arising from this contract shall be the domicile of BlissfulCherry. However, the parties shall reserve the right to bring the case before another court of jurisdiction.
Customer may only offset amounts against claims which are undisputed and have been determined by court decision. Amendments or additional agreements must be in writing.
Purchasing Products
Every Customer guarantees that they are over 18 years of age when placing an order.
BlissfulCherry will make no effort to check Customer age, so it is the sole responsibility of the Customer to guarantee that they are older than 18 before placing an order.
Potential Customers agree that they will not purchase BlissfulCherry products if they are less than 18 years old. Doing so would be a violation of BlissfulCherry Terms.
Product Usage
Every Customer agrees to use BlissulCherry products as they were originally intended by the manufacturer.
General care and maintenance of the products are the sole responsibility of the customer.
Limitation Of Liability
In no event shall BlissfulCherry be liable for any direct, indirect, punitive, incidental, special consequential damages, to the property or life, whatsoever arising out of or connected with the use or misuse of the Products.
By purchasing and using the Products, you waive and release any claim for damages or injury against BlissfulCherry for any claims or fines imposed upon you for the use of the Product.
Severability
Should any clause of these Terms and Conditions of Business or contract be or become invalid, this shall not affect the validity of the remainder of the clauses. In this case the parties shall replace the invalid clause with another clause which closely reflects the economic purpose of the original.
