Terms and Conditions (TC)

for Riu-Shop operated by

Fantastic Designment GmbH
Weidenstraße 1
68165 Mannheim
Germany
Phone +49 (0)621 40041988
Fax +49 (0)621 40041989
EMail: mail(at)riu-shop.de

Managing Director: Michael Rasch
Register court: Mannheim
Companies' Register: B 700210
Tax identification number in accordance with § 27 a German VAT Act (UstG): DE 113547284

hereinafter "Riu-Shop"

Contents
01. Scope
02. Contractual language, Conclusion of the contract, Steps to complete the order, Storage of the contractual text
03. Customer groups and ordering process
04. Delivery and shipping terms
05. Terms of payment
06. Prices, shipping costs, taxes and customs
07. Reimbursement when exercising the right of cancellation
08. Consumer's right of cancellation
09. Company's right of cancellation
10. Reservation of ownership
11. Warranty
12. Transport damage and returns
13. Liability
14. Data protection
15. Waste management and environmental protection
16. Vouchers
17. Final provisions

TC 01 | Scope
German law is applicable to all purchases in Riu-Shop. The following TC apply to all contracts entered into between customers and Riu-Shop via the online shop. Within the scope of these TC "Customers" can be both consumer in accordance with § 13 of the German Civil Code (BGB) as well as company in accordance with § 14 of the German Civil Code (BGB). Consumer is any natural person who concludes a legal transaction for a purpose, which cannot be attributed to their commercial or independent professional activities. Company is a natural or legal person or a partnership with a legal personality who or which when entering into a legal transaction acts in exercise of his or its trade, business or profession.

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TC 02 | Contractual language, Conclusion of the contract, Steps to complete the order, Storage of the contractual text
The contractual language is German. The presentation of the goods on the Internet is not a binding contractual offer from Riu-Shop. The contract between the customer and Riu-Shop becomes effective only after the customer has placed an order and Riu-Shop has accepted it. Confirmation of the receipt of an order does not constitute its acceptance. In the event of its acceptance, Riu-Shop will send an order confirmation by email or fax. The dispatch of the ordered goods to the client is deemed to be an express declaration of acceptance.

The contractual text is not stored by Riu-Shop and can therefore not be retrieved by the customer after completion of the order. The order details and cancellation policy can be found in textual form in the order confirmation, which can be printed upon receipt of the email. Riu-Shop stores its customers' order data. Should the customer lose their order records, they may contact Riu-Shop by post, email, fax or phone. Riu-Shop will be pleased to send the customer a copy of their order data.

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TC 03 | Customer groups and ordering process
Riu-Shop distinguishes three customer groups.

Riu Class Program
Customers in possession of a Riu Class card log in to "Riu Class" by clicking "Log in". Here you can insert your customary Riu Class login data. On the following page simply enter your Riu Class card number and corresponding password and click "Log in".

Riu PartnerClub members
Travel agencies or their staff who are in possession of a Riu PartnerClub card log in to "Riu PartnerClub" by clicking "Log in". Here you can insert your customary Riu PartnerClub login data. On the following page simply enter your Riu PartnerClub code and corresponding password and click "Log in".

End customers
Customers who do not participate in any Riu Program can access the shop by clicking "Log in" (Note: by choosing this option it is not possible to redeem Riu points). There are two options on the following page. If you have already shopped with us (as of 1st October 2015) insert your existing access data in "Log in now" and click "Log in". If you are a new customer to Riu-Shop, open a Riu-Shop account by completing the form, answering the security question and then click "Register".

Ordering process
As a Riu-Shop customer you can place your orders using the following steps: after selecting your items, click on the "Add to Shopping Cart" button and your items will be added to your shopping cart with no obligation to purchase. All items that have been added to your cart can be reviewed by clicking the "Shopping Cart" button. You can remove items or change the quantity in your Shopping Cart. When you decide to confirm and buy the articles in your Shopping Cart, proceed with the ordering process by clicking "Checkout". Customers who at this point have not yet signed in, registered or logged in, will be prompted to do so. (Please note the details about the different customer groups indicated above in Point 03.)

You have now successfully logged in and clicked the “Checkout” button in your Shopping Cart. Depending on which customer group you are in as described in Point 03 above, you will now be asked whether to be taken either to a checkout option page (to redeem or not points), or directly to the Checkout area. In this Checkout area you can still update your order once again if you so wish (e.g. to add an alternative delivery address).

If you are a member of a Riu Program please note at this stage that you cannot change your customer address or billing address directly through us at Riu-Shop. You will have to make the changes directly through Riu Hotels & Resorts.

Before your order is finally sent, click the "Next" button to see the Order preview. All details (especially billing and delivery address, items, price and quantity) of your intended order can once again be viewed here.

By clicking the "Buy now" button your binding order will be sent. This now forms the binding conclusion of a purchase contract on your part as a Riu-Shop customer. Information on the moment of conclusion of the contract can be found in Point 02.

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TC 04 | Delivery and shipping terms
Riu-Shop delivers the goods as soon as possible after receipt of the order. Possible exceptions to this may result from personalised, customer-specific goods, are stated on the respective product pages, or arise owing to a particular payment method (see Terms of payment in Point 05). For shipping within the EU and Switzerland delivery times are 5-7 days and for countries outside the EU delivery times in rare cases can be 14-21 days. Personal collection from Riu-Shop is not possible or provided for.

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TC 05 | Terms of payment
Payment for deliveries within Germany can be by redemption of points, by the German Sofort method, by PayPal or credit card (Visa, MasterCard or American Express). The range of payment methods available in EU countries and Switzerland or outside the EU may differ.

When paying via the redemption of points the availability of points in the corresponding Riu points account will be manually requested from Riu Hotels und Resorts following confirmation of the order. Upon approval and the transfer of the points, the order will be reprocessed and the merchandise shipped to the customer. The process for the partial redemption of points is the same as for the full redemption of points plus the transaction of the corresponding selected payment method for the remaining balance.

When paying by the German Sofort method the customer will automatically be taken to the Sofort GmbH payment form after order confirmation. Directly after the transfer the customer will receive confirmation of payment and Riu-Shop immediately receives a credit transfer. The merchandise is immediately shipped to the customer.

When paying by credit card the customer will automatically be taken to the SIX Payment Services GmbH Saferpay payment form after the order confirmation. Directly after payment the customer will receive confirmation of payment and Riu-Shop immediately receives a confirmation of payment receipt. The merchandise is immediately shipped to the customer. Payment will be charged on credit cards once the goods have been sent to the customer.

If payment is made via PayPal, the goods will be shipped 1-2 days at the latest after placing the payment order with PayPal.

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TC 06 | Prices, shipping costs, taxes and customs
The prices are valid at the time of placing your order. All prices are in euros and are, without exception, gross prices (i.e. they include current VAT rate of 19%). Other price components are additional shipping costs. There is no minimum order value. The delivery and shipping costs, whose total is determined by the specifications provided in conjunction with the relevant presentation of the goods, shall be payable as from the location of the Riu-Shop establishment. Should delivery be to a client outside the Federal Republic of Germany, the delivery and shipping costs will increase in accordance with the weight or volume weight.

For shipments to countries outside the EU and Switzerland there may be further costs (e.g. taxes, import/export duties and/or customs' duties that will be charged to the customer).

In the customs’ declarations or customs' documents for packages outside the EU and Switzerland, the value of the items included in the delivery according to the product type will be specified. We reserve the right to supply this information to customs in order to simplify the process for you as customers and also because we are obliged to do so by law. Customs may open any packages for their controls – we have no influence over this.

If the order is for a gift, we will mark the package with the word "Gift". However, the prices of the items will still be shown on the customs’ declarations or documents. We are currently not able to describe or declare the contents in any other way.

Import/export/customs' duties will be levied as soon as the package reaches your country and are always due as of the first notification from the sender or when delivered. These separate charges for import, export or customs clearance are always payable by you and cannot be pre-paid during the ordering process.

Likewise, we have no influence on these charges and are unable to calculate or state the amount beforehand. Customs' regulations differ considerably from country to country. For more information please contact your local customs' authorities.

In some countries customs' authorities require special proof of identification from importers of goods before the shipment will be released. As the importer of goods you or the receiver of the shipment may be requested for details of an identification number (e.g. national ID number, CPF or tax ID number).

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TC 07 | Reimbursement when exercising the right of cancellation
In the event that you as the consumer wish to make use of your right of cancellation (see Cancellation Policy in Point 08) we use the same payment method that you used for the original transaction to effect the reimbursement.

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TC 08 | Consumer's right of cancellation
Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activities.


CANCELLATION POLICY

Right of cancellation
You have the right to cancel the contract within fourteen days without the need to specify a reason. The cancellation period is 14 days from the day on which you or a third party, who is not the carrier, ...

... took possession of one or more consignments of the goods, as part of a single order and the goods were delivered in one single shipment, or ...

... took possession of the last of the consignments of the goods that were delivered separately as part of one single order, or ...

... took possession of the last partial shipment or the last consignment of the order when you ordered multiple goods that were delivered in multiple partial shipments or consignments.

In order to exercise your right of cancellation, you should notify us by regular post, fax or email at Fantastic Designment GmbH - Riu-Shop -, Weidenstraße 1, 68165 Mannheim, Germany, Phone +49 (0)621 40041988, Fax +49 (0)621 40041989, Email widerruf(at)riu-shop.de, clearly stating your decision to cancel this contract. You can use the "Model Withdrawal Form" although this is not obligatory. To comply with the cancellation period, you must communicate your wish to exercise your right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you cancel this contract we will reimburse you all payments that we have received from you including shipping costs (with the exception of any additional costs that may have been the result of you choosing delivery by another method other than the cost-effective standard delivery offered by us), promptly and at the latest within fourteen days from notification of cancellation. The refund will be made using the same payment method that you used for the original transaction, unless expressly agreed otherwise. On no account will you be charged any fees for this refund.

We have the right to refuse reimbursement until we have received the returned goods, or until you have provided proof that these have been dispatched, whichever event is earlier. You must send back or release to us the goods immediately and in all instances at the latest within fourteen days of the date you notified us of your cancellation of the contract. You will be deemed to have met this time limit if you dispatch the goods before the expiry of the returns period of fourteen days. You are responsible for the direct costs of returning the goods.

You will only have to pay for any diminished value of the goods if this diminished value results from the handling of the goods other than that which is necessary to ascertain the condition, properties and functionality of the goods. We hope that you will appreciate that there is no right of cancellation for deliveries made outside the European Union.

The right of cancellation shall not apply to distance contracts concerning the delivery of goods that are not prefabricated and whose production to the consumer's specific preference or stipulation is significant or clearly tailored or customised to the consumer's personal requirements.

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TC 09 | Company's right of cancellation
If the customer is engaged in business in the sense understood in § 14 of the German Civil Code (BGB) and in concluding the contract were exercising your commercial or independent activity, you have no right to cancellation.

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TC 10 | Reservation of ownership
The goods shall remain the full property of Riu-Shop until full payment has been made.

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TC 11 | Warranty
If there is any defect in the purchased goods, the warranty will take effect in accordance with legal provisions. The period of limitation for statutory claims for defects is two years for consumers commencing with the delivery date, that is the date of receipt by the customer. Company warranty periods are limited to one year. For consumers and companies, the preceding liability restrictions and statute of limitation are not applicable for claims for damages and compensation for expenses that the customer may assert are due to defects according to Point 12 and statutory regulations.

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TC 12 | Transport damage and returns
If goods are delivered with visible damage to the packaging or content, you are asked to make a complaint to the carrier or cargo service as well as contact Riu-Shop by phone, email, fax or regular post so that Riu-Shop can assert its rights against the carrier or cargo service. You are further requested to effect the returns to us in the original packaging. This will assist us with, for example, the resale of the goods. Non-compliance with the above points does not affect your right to cancellation. Furthermore, failure to lodge a complaint or contact us does not affect the customer's statutory or contractual warranty and liability claims.

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TC 13 | Liability
Riu-Shop is liable for damages and reimbursement of costs in accordance with legal provisions.

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TC 14 | Data protection
For full details on Data protection please see the notes on the specific "Data protection" link.

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TC 15 | Waste management and environmental protection
As part of the delivery package some items or devices have batteries that, for example, are used to make clocks work. Some devices have batteries or rechargeable batteries built into them. In connection with the distribution of theses batteries or rechargeable batteries Riu-Shop would like to point out the following in accordance with the Battery Act ...

Batteries and rechargeable batteries do not belong in with domestic waste and should not be disposed of by these means. The end user is in effect legally required to return all used batteries, thereby guaranteeing that your waste batteries are correctly disposed of. You can also send your used batteries back to Riu-Shop, ensuring correct postage is applied.

Our take-back obligation is limited exclusively to old batteries that we supply or have supplied from our range. Batteries are marked with a crossed-out dustbin. Batteries that contain more than 0.0005% of mercury, more than 0.002% of cadmium or more than 0.004% of lead have the chemical name of the respective harmful substance under the dustbin symbol – "Cd" for cadmium, "Pb" for lead and "Hg" for mercury.

If customers are returning lithium batteries or lithium rechargeable batteries they are asked to insulate the contact surfaces marked with + and – with sticky tape or similar, to avoid the risk of fire.

In accordance with the German Electrical and Electronic Equipment Act (ElektroG) old devices should not be disposed of in with domestic waste. This regulation applies to all electronic and electrical devices, no matter how old they are. This also includes bulbs, fluorescent tubes and energy-saving lamps. These devices are clearly marked with the crossed-out dustbin symbol. The symbol is on the device or the packaging. Local authorities accept returns of such devices free of charge. They can be taken to collection points, or they can be picked up. As a rule, already-existing collection systems (e.g. recycling points) are used.

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TC 16 | Vouchers
You can only redeem vouchers for RIU Hotels & Resorts o at www.riu-shop.de. Redeeming your voucher occurs during the last step of your order. Enter the voucher code in the corresponding field and click "Redeem". The voucher value will be directly deducted from the purchase total. The minimum order value must be 10.00 euros above the voucher value.

Special offer vouchers are obtained during marketing campaigns. These can only be used for a limited time and they cannot be extended or exchanged for cash. You may only redeem one voucher per order. A combination with vouchers from other special offers is not possible.

Some of our special offer vouchers are limited to a specific individual, product group or single item. These offers are only valid whilst stocks last. There is no entitlement to a refund, discount, replacement item or replacement voucher.

Special offer vouchers can be both a set discount and also a percentage discount on the price.

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TC 17 | Final provisions
The law of the Federal republic of Germany shall apply. The provisions of the laws of the states in which the customers who are consumers have their normal place of residence shall continue to apply. In dealings with consumers domiciled within the European Union, the relevant laws of that country may also be applicable, provided that they concern consumers' legal provisions.

The validity of the agreement of the United Nations regarding contracts for the international sale of goods (CISG) is precluded, including cross-border deliveries.

The place of jurisdiction for all litigation is Mannheim, whether the customer is a merchant, a legal entity under public law or public special-funds. If the end consumer is not domiciled in Germany or another country in the European Union, the place of jurisdiction shall be Mannheim. In all other cases the legal court of jurisdiction applies.

Version October 2015

 

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