Our Terms and Conditions

General Terms and Conditions of Treasure Media S.L.
Online Shop (Date: 13th April 2017)

1. Scope and Contractual Partner
(1) For the business relationship between

II.

III. Treasure Medial S.L.,

IV.   C. Llorenc Vicens 3,4, 07002 Palma de Mallorca,

V.  NIF: B57958845,
VAT ID: ES57958845

VI.  (hereinafter referred to as „Treasure“, „we“ or „us“)

VII.

VIII.  and the customer (hereinafter referred to as „you“), regarding orders in the CAVANCE-Online Shop under https://www.cavance.de (hereinafter referred to as „Online Shop“), the following general terms and conditions (hereinafter referred to as „GTC“) shall apply in the version current at the time of order.
(1)  The GTC shall provide for the particulars of the contractual relationship and contain important customer information according to statutory provisions. You may retrieve, store and/or print the GTC during the order process provided via a link in the Online Shop. Furthermore, you shall receive the GTC in its version relevant for the order together with the acceptance of the order and at the time of delivery on a permanent data device (as pdf-file attached to an email).
(2)  The customer service of Treasure shall be available for you under the following contact details:

IX.  Treasure Media S.L. 

C. Llorcen Vicens 3,4
07002 Palma de Mallorca
Email: customerservice@cavance.com

(1)  The range of goods in the Online Shop shall be only addressed to customers of full age, naming a delivery address in a country mentioned in Section 4 (3). Customer in the meaning of statutory law is any natural person who enters into a legal transaction for purposes that predominantly lie outside its trade, business or profession.

2.  Order Processing
(1)  The offering of goods in the Online Shop shall merely constitute an invitation to you making an offer to enter into a purchase contract for the presented goods.
(2)  You may choose products of the range of Treasure products and collect them in a so called shopping cart by clicking on the respective button “Add to Shopping Cart”. By clicking the button “Buy now” you make an offer to purchase the goods which are in your shopping cart (hereinafter referred to as “Order”).
(3)  Before placing the Order you can view and amend the details of your Order at any time by clicking on the button “Shopping Cart” or on the links referring to the relevant order details.
(4)  After placing the Order, you shall receive an automatically generated confirmation of receipt of the Order reflecting the content of the Order. This confirmation of the Order shall not constitute an acceptance of the Order; it merely documents the fact, that the Order has been received by Treasure.
(5)  The contract shall be only concluded, when Treasure expressly accepts your Order. Treasure accepts the Order by sending a shipping notification by email (see also Section 3 (3)).
(6)  In the event that the Order comprises more than a single product, the contract concluded shall only comprise products expressly mentioned in the shipping notification.
(7)  Section 2 (6) shall also apply in the event that you have paid or instructed the payment of the purchase price, due to the respective payment method chosen by you, even before conclusion of contract. If, for any reason, no contract is concluded, Treasure shall notify you of this by email (if any part of the Order has been accepted, Treasure will notify you of this in the shipping notification), and refund your pre-payment without delay.
(8)  Your statutory right to cancellation (see Section 7) shall remain unaffected by the preceding provisions.
(9)  The GTC exist in different languages. Only the German version of the GTC shall be applicable to the contract.
(10)  Treasure shall be entitled to save a copy of the wording of the contract (consisting of the Order, any acknowledgement of receipt, these GTC, the shipping notification and the contract confirmation) in compliance with data privacy law, and forward it to you by email.
(11)  You agree that you will receive an electronic invoice. Electronic invoices shall be sent to you as pdf-file attached to an email.

3.  Delivery, Delivery Times and Product Availability
(1)  Unless otherwise agreed, the goods shall only be delivered after payment and to a delivery address provided by you, which is within a country mentioned in Section 4 (3).
(2)  Treasure shall inform you about the delivery times during the order process as well as in the shipping notification. Unless provided otherwise, the delivery time for standard shipping shall be between 2 and 3 work days (“Usual Delivery Time”) after receiving the payment according to Section 3 (1). Deliveries to addresses outside of Spain may exceed the Usual Delivery Time. Further information regarding the shipping options, deployed shipping companies and the process of delivery shall be available at the information pages of the Online Shop. Any information regarding the availability, shipping or delivery of goods are only estimated and approximate values.
(3)  After the goods have been handed over to the shipping company, you shall receive an confirmation of shipping including the shipping number by which you are able to trace the shipping.
(4)  In the event a mandatory delivery time cannot be met due to reasons, Treasure is not responsible for (unavailability of goods e.g. due to Force Majeure), Treasure shall notify you immediately about the delay indicating the new estimated delivery time. If the new estimated delivery time is not acceptable for you or the goods cannot be delivered within the new estimated delivery time or become generally unavailable, both parties of the contract shall have the right to withdraw from the contract; any equivalent provided by you beforehand shall be refunded by Treasure without undue delay. Statutory rights of the contracting parties shall remain unaffected by the previous provisions.

4.  Prices and Shipping Charges
(1)  All of the prices listed in Treasure’s Online Shop shall include the currently applicable statutory value-added tax, but shall not include any charges for delivery.
(2)  Treasure shall notify you about the respective shipping charges as well as any additional costs, e.g. for gift wrapping in the order form right before the Order is placed. You shall bear the shipping charges so notified as well as any additional charges.
(3)  Deliveries to non-EU-States may lead to additional charges and duties. Further information can be found for example at http://ec.europa.eu/taxation_customs/ customs/customs_duties/index_de.htm as well as especially for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.

5.  Payment
(1)  Treasure shall merely accept payment methods expressly offered within the order process.
(2)  Basically, Treasure shall offer the following payment methods: payment in advance, credit card and PayPal. Please consider, that we can merely accept payments of bank accounts within the European Union (EU). Possible payment transaction costs shall be borne by you.
(3)  In the event of a payment via credit card, your credit card shall be charged at the time Treasure is shipping the Order.
(4)  Treasure shall be entitled to exclude payment methods in particular cases to secure the reliability risk.
(5)  In the event you are in default, Treasure shall be entitled to demand standardised fines for damage caused by delay up to EUR 5.00 per warning. You shall not be obliged to pay the full standardised fine for damage caused by delay, if you can proof that the actual damage is below EUR 5.00 or has not occurred at all.

6.  Reservation of Title
The delivered goods shall remain in the exclusive property of Treasure until full payment.

7.  Right of Cancellation in Consumer Contracts
(1)  In general, consumers have a statutory right of cancellation in case of distance contracts. Deviation from statutory law shall only be allowed for the benefit of the consumer.
(2)  The right of cancellation shall not apply for contracts inter alia regarding
a.  the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery, and
b.  the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer.
(3)  Treasure informs you as follows on the right of cancellation according to statutory provisions:

Instruction on Right of Cancellation

I. Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.
The time period for cancellation is fourteen days from the day on which you acquire, or a third party named by you (who is not the carrier), acquires physical possession of the goods.

To exercise your right of cancellation, you shall inform us about your decision to cancel this contract by a clear declaration (e.g. by a letter sent by mail or email), directed to:

Treasure Media S.L.
C. Llorenc Vicens 3,4
07002 Palma de Mallorca

In the Event of cancellation by email: customerservice@cavance.com

You may use the attached cancellation form, without being obliged to do so.
To exercise your right of cancellation within the cancellation period, it is sufficient for you to send a notice concerning your exercise of the right of cancellation before that period has expired.

II. Effects of Cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the economical standard delivery offered by us), without undue delay and in any event no later than fourteen days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement.
You shall send back the goods or hand the goods over immediately but in any event within fourteen days counting from the day after you have informed us about the cancellation, to

Treasure Media S.L.
C. Llorenc Vicens 3,4
07002 Palma de Mallorca

We shall bear the shipping costs for returning the goods.

You are only liable for any diminished value of the goods, if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. We may reduce your refund to cover the diminished value.

III. Model Cancellation Form
(If you like to cancel the contract, please complete this form and send it back)

Treasure Media S.L.
C. Llorenc Vicens 3,4
07002 Palma de Mallorca

Hereby, I/we(*) cancel the contract concluded by me/us(*) over the purchase of the following goods (*)/ the provision of the following services: (*)

__________________________________________

Ordered on (*)/received on: (*)

__________________________________________

Name of the customer(s)

__________________________________________

Address of the customer(s)

__________________________________________

__________________________________________

__________________________________________

Signature of the customer(s) (only needed for cancellation by mail)

__________________________________________

Date

__________________________________________

(*) Please delete inapplicable.

 

8.  Warranties
(1)  In the event of defects you shall be entitled to demand remedy from Treasure. In the event, however, such remedy does not meet the warranties, you may withdraw from this contract or reduce the purchase price.
(2)  Furthermore, the statutory provisions shall apply regarding defects on purchased goods. The statutory right of cancellation according to Section 7 shall remain unaffected. Damages shall be only compensated by Treasure according to the provisions of Section 9.

9.  Liability
(1)  Treasure shall be liable for damages due to gross negligence or intentional behaviour without limitation. Treasure shall be only liable for slight negligence in the event of damages of life, limb or health or a violation of a substantial contractual obligation (an obligation, the fulfilment of which you may rely on regarding the purpose of the contract).
(2)  In the event of a violation of a substantial contractual obligation through slight negligence, the liability of Treasure for damages shall be limited to foreseeable and typically damages. Furthermore, any liability of Treasure shall be excluded.
(3)  The preceding limitation of liability shall also apply to statutory representatives and vicarious agents of Treasure.
(4)  The preceding limitation of liability shall not apply, if Treasure has concealed defects fraudulently or has guaranteed expressly the quality of goods. The same shall apply with regard to your claims in connection with the Product Liability Act.

10.  Intellectual Property Rights
Any images, logos, texts, pictures or videos used or published in the Online Shop remain, unless otherwise agreed, in the exclusive intellectual property of Treasure, and shall not be reproduced, copied or used in any other way, unless allowed by Treasure expressively and in writing.

11.  Choice of Law and Jurisdiction, Consumer Arbitration
(1)  The law of Spain shall apply to contracts between Treasure and you as well as to the present GTC. The United Nations convention on the international sale of goods shall be excluded. Statutory law regarding the limitation of choice of law and the applicability of mandatory provisions, especially of the state in which the customer has his regular residence, shall remain unaffected.
(2)  The place of jurisdiction shall be determined according to statutory law.
(3)  Treasure shall not participate in any alternative dispute resolution of any consumer arbitration facility.