Terms & Conditions

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of BUTTERFLY Saudi Arabia, represented by the Sport Waves Trading Est. (hereinafter referred to as “the Seller”).

Updated: 26.11.19

1. General information 

1. The following General Terms and Conditions apply to all business relationships between the Seller and the Customer. In each case, the respectively valid version at the time of the conclusion of the contract is decisive.

2. Consumers within the meaning of the General Terms and Conditions are natural persons who conclude a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

Entrepreneurs within the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships with legal capacity who exercise their commercial or independent professional activity when concluding a legal transaction. Customers within the meaning of these General Terms and Conditions are both Consumers and Entrepreneurs.

3. Individual contractual agreements shall take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract, unless their validity is expressly agreed.

2. Conclusion of contract

1. The offers of the Seller are always non-binding, unless otherwise stated in the offer. The ordered goods may differ slightly from the goods shown on the Internet due to the technical representation options, in particular, this may lead to deviations in terms of colour.

2. The Customer can make the order in writing, by fax, by email or via the online form on the website. The Customer's order represents a binding offer to conclude a purchase contract for the ordered goods. By clicking on the “Confirm purchase" button within the order process on the website butterflyshop-ksa.com, the Customer makes a binding offer for the goods contained in the shopping cart. The receipt of the offer will be confirmed to the Customer immediately by email. The confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is not created simply with the confirmation of receipt, but rather only with the sending of a contract confirmation or the delivery of the goods. The receipt of a telephone order, unless otherwise agreed, does not constitute a binding acceptance by the Seller. The telephone order shall also be accepted by a written contract confirmation.

3. The Seller is entitled to accept the contract offer in the order within two working days. It is deemed equivalent to acceptance if the Seller delivers the ordered goods within this period. The Seller is entitled to refuse acceptance of the order, without stating reasons for doing so.

4. Delivery times and dates are subject to the correct and timely delivery by our suppliers. If this does not happen, we shall inform the Customer immediately about the unavailability and reimburse any consideration rendered. The Customer shall be informed of the respective availability in the course of the product presentation.

5. If the Customer orders the goods by electronic means, the contract text shall be sent to the Customer together with the legally valid General Terms and Conditions during the ordering process and/or by email after conclusion of the contract.

3. Retention of title and withdrawal

1. For Consumers, the Seller reserves ownership of the goods until full payment of the purchase price. For Entrepreneurs, the Seller reserves ownership of the goods until full settlement of all claims from an ongoing business relationship. 

2. The Entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount which he acquires through the resale to a third party. The Seller accepts the assignment. After the assignment, the Entrepreneur is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Entrepreneur does not meet his payment obligations properly and is in default of payment. 

3.The Seller undertakes to release the collateral due to it on request from the Customer to the extent that the realizable value of the collateral exceeds the Seller's claim to be secured by more than 10%. The choice of collateral to be released is the responsibility of the Seller. 

4. Remuneration 

1. The price currently quoted in the online shop is binding. VAT in the statutory amount is included in the price.

2. In the case of distance contracts, additional shipping costs are incurred in accordance with to point 6 of these General Terms and Conditions

5. Payment options and shipping costs

1. Customers can pay the price by cash in advance, Bank transfer, PayPal, or credit card.

The Seller reserves the right to exclude certain payment methods.

2. When paying by cash in advance, the shipment shall only be made when the invoice amount is fully credited to the account of the Seller.

Further information about shipping can be obtained during the ordering process. 

6. Delivery

1. Delivery is worldwide. Non-delivery can be denied due to valid reasons.

2. The delivery time is between 2 and 3 days within Saudi Arabia . For orders from countries outside Saudi Arabia, the delivery time is 7 to 14 days.

3. The delivery period begins in the case of cash in advance on the day after the payment order has been issued to the company that executes the payment, and for other payment methods the day after conclusion of the contract. It ends at the end of the last day of the deadline. If this last day of the period falls on a Saturday or other public holiday at the place of delivery, the next working day shall take its place.

4. If the goods are not in stock when ordered, the Seller shall immediately order the goods, inform the Customer immediately and inform the Customer of the expected delivery date. These goods shall be marked accordingly on the website. With regard to the reservation of proper self-delivery, the Seller refers to points 2.4 and 2.5 of these General Terms and Conditions.

5. The Seller is entitled to partial delivery, as far as a partial delivery is feasible for the Customer under consideration of its interests. The Customer shall not be charged any

extra costs as a result of this. The Customer shall only incur additional costs if partial deliveries are explicitly requested by him.

6. BUTTERFLY Saudi Arabia does not deliver any selection or sample shipments.

7. Transfer of risk

1. For Consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the Consumer during the sale of the goods when the goods are handed over.

2. In the case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the Entrepreneur when the goods are handed over, when the goods are dispatched to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

3. It is deemed equivalent to a handover if the Customer is in default with the acceptance.

8. Limitations of liability 

1. For slightly negligent breaches of duty, the liability is limited to predictable, contract typical, immediate and average damage for the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the Seller. The Seller is not liable for a violation of minor contractual obligations through slight negligence. The Seller is, however, liable for the violation of material contractual legal positions of the Customer. Material contractual legal positions are those which the contract has to grant to the Customer according to the content and purpose of the contract. The Seller is also liable for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the Customer may rely.

The above limitations of liability do not apply to claims of the Customer arising from warranties and/or product liability. Furthermore, the limitations of liability shall not apply in the case of fraudulent intent, in the event of a breach of material contractual obligations or bodily injury or damage to health attributable to the Seller or in the event of loss of life of the Customer.

2.The Seller is liable only for its own content on the website of its online shop. Insofar as links to other websites make it possible, the Seller is not responsible for the third-party content contained therein. The Seller does not take ownership of the third-party content. If the Seller becomes aware of illegal content on external websites, the Seller shall immediately block access to these pages if this is technically possible.

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9. Final provisions

1.The law of the Saudi Arabia shall apply.

2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the court having jurisdiction at the registered office of the Seller, unless an exclusive court of jurisdiction exists. However, the Seller is also entitled to file claims against the merchant at its place of residence or business.