XianCha Tea e. K.
VAT No.: DE352690113
Represented by Ilya Averyanov
Listed in the commercial register of the local court Charlottenburg
Commercial register number - Part B of the commercial register - 60085
(1) The following business terms are applicable to all the contracts, which you conclude with XianCha Tea e. K. via the www.xianchatea.com website. The inclusion, if necessary, of your own conditions is ruled out, unless otherwise agreed upon.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to their commercial or independent professional activities. The term "business entity" refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of its independent professional or commercial activity.
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, XianCha Tea e. K. provides you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) By clicking the "purchase” button on the checkout page to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) XianCha Tea e. K. supplies you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
- Credit / Debit Cards
Right of retention, proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
(3) If you are a business entity, the following conditions also apply:
a) XianCha Tea retains ownership of the goods until all the claims arising from the ongoing business relationship have been fully settled. The subject to retention of title of the goods may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business entity, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by XianCha Tea e. K. and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfillment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product.
Protection of minors
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.
The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
We use PDP and UPS for the majority of our shipping. We may use other couriers for special deliveries. Here is a list of the main shipping options available and their delivery times. These times are from the date of dispatch (not the date of order) and are estimates provided by the shipping services. These are working days, which don't include weekends. Due to COVID-19 disruption, the delivery times may be delayed. Unfortunately, we have no influence over such disruptions.
The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing to enter into dispute resolution proceedings before the consumer arbitration board.