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Terms and Conditions

1. Scope of Application
  • The offer on the website www.lobstercharms.com is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Lobster Charms between Lobster Charms Limited (hereinafter: the Seller) and consumers (hereinafter: the Buyer). Buyers are natural persons with whom a contractual relationship may be concluded without a commercial or selfemployed professional activity being attributed to them.
  • The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.
2. Conclusion of Contract
  • The Seller shall be entitled to limit the order to a quantity that is usual in commercial practice.
  • After entry of all order data and before the order is finally placed, the Buyer shall be shown a list of all items in the order and shall be granted the opportunity to correct any possible errors that had been made in entering data.
  • The text of the contract shall be saved by the Seller and shall be sent to the Buyer together with the legally effective General Terms and Conditions, following the conclusion of the contract.
3. Prices and Payment Conditions
  • The price offered at the time of the order shall be binding. The price does not contain statutory value-added tax (VAT) insofar as due. In this case the Buyer shall bear the incurred customs and import duties. In the case of special offers the price offered shall be limited to the term of the special offer.
  • Payment for the goods shall be made via our secure payment gateway, Paypal.
  • The Buyer shall only have the right to offset counterclaims insofar as his/her counterclaims are undisputed or which have become res judicata. A customer shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.
4. Passing of Risk
  • The risk of accidental loss or deterioration of the sold goods shall be transferred to the Buyer upon delivery.
  • This risk shall also be deemed transferred if the Buyer has failed to take delivery when tendered by the Seller.
5. Delivery and Shipping Charges
  • The Seller delivers to most countries at the sellers discretion. For handling an order the invoice and delivery address must be within the same country.
  • Delivery times shall only be deemed agreed insofar as they are stipulated in writing. The delivery time shall begin when the order is received. The dispatch time shall be approximately 5 working days.
  • The Seller shall only deliver as long as goods are in stock.
  • The respective dispatch costs that are incurred shall be shown before order confirmation.
  • If the goods cannot be delivered because of any reasons for which the Seller is not responsible, additional delivery costs shall be charged. In this case the Buyer shall bear the costs of sending the goods back and forward.
6. Reservation of Title
  • The delivered goods shall remain the property of the Seller until complete payment of the purchase price.
  • The Buyer must treat the goods carefully.
  • The Buyer may neither pledge the goods nor transfer titles to such goods by way of security. The Buyer shall notify the Seller in writing without undue delay in the event of pledges or confiscation of goods or any other disposals by third parties.
7. Warranty
  • In the case of defects the Buyer shall be entitled to choose supplementary performance by rectification or replacement. The Seller shall be entitled to refuse the chosen option for supplementary performance if it is only possible with disproportional costs and the other option does not present any major disadvantages for the Buyer.
  • If the supplementary performance is unsuccessful, the Buyer shall in principle be entitled to choose cancellation of the contract (revocation). However, in the case of minor defects the Buyer shall not have the right to cancel the contract.
  • According to law wrong deliveries and error in quantities are also deemed to constitute defects.
8. Liability
  • In the case of minor negligent violation of obligations the Seller's liability shall be restricted to foreseeable, direct average damage which is typical for such contracts. This shall also apply in the case of minor negligent violation of obligations by the Seller's legal representatives or vicarious agents.
  • The preceding liability restrictions shall not apply to product liability claimed by the Buyer. Furthermore, the liability restrictions shall not apply to bodily injury or damage to health or the death of the Buyer which is attributable to the Seller.
9. Revocation Right
  • The Buyer shall not be entitled to revoke his/her contractual statement or return the goods other than returning of damaged goods for replacement. Damaged goods shall be sent to: Lobster Charms 1 Hamlin Street Highlands North Johannesburg 2192 Gauteng South Africa
  • The Sellers sole obligation is to replace damaged goods and ship the replacement goods to the Buyer at the Seller's cost. The Seller has no obligation to re-imburse the Buyer for damaged goods.
10. Storage of Data
  • The Buyer has been informed in detail about the type, scope, place and purpose of collecting, processing and using personal data necessary for fulfilling orders as well as his/her right of revocation regarding the use of his/her anonymised user profile for advertising, market research purposes and for designing the service to meet requirements.
  • The Buyer explicitly agrees to the collection, processing and use of personal data. He/she has the right to revoke his/her consent at any time in the future.
11. Jurisdication
The law of the Republic of South Africa shall apply with exemption of the UN convention on the Sale of International Goods which expressively shall not apply. This choice of law shall only apply insofar as this does not deprive the consumer of the protection provided by mandatory legislation of the country of her/his ordinary residence.

12. Written form
Changes or additions to the contract, as well as possible supplementary stipulations – especially to this written form requirement - are valid only in written form.

13. Separability Clause
Should one or several provisions of these General Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof. In such a case the completely or partially invalid provision shall be replaced, in accordance with the common agreement of both parties to the contract, by a legally valid provision which comes as close as possible to the intended commercial purpose of the invalid or ineffective provision.