T&C's of Online Sales

General Terms and Conditions for Online Sales
I. Subject and scope
1. (1) These General Terms and Conditions for Online Sales (hereinafter referred to as “General Terms”) apply to all purchase orders you place on the Small Potato LTD online store located at https://agnesspel.com (hereinafter referred to as “Website”) and your subsequent agreement with Small Potato LTD, The Core, Ebene, Cybercity, Mauritius (hereinafter referred to as “Small Potato ”).

2. (2) These General Terms shall apply exclusively. We do not accept any conflicting or deviating terms and conditions unless this has been agreed in the individual case with a legal representative of Small Potato LTD in writing. Our General Terms shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Small Potato LTD.

3. (3) These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers have been made where necessary.

II. Order process and conclusion of the purchase agreement
1. (1) The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.

2. (2) By clicking the “Buy now” button, you send us a binding offer for the conclusion of a purchase agreement with Small Potato LTD regarding the product specified in your shopping cart (hereinafter referred to as “Order”).

3. (3) If you place an order through our Website, the ordering process comprises four steps:
1. You select the desired goods...
2. You fill in your details or opt for Guest Checkout. You click the button to proceed to payment.
3. You agree to the terms and conditions of online sales.
4. On the “Checkout” page, you select the preferred method of payment and confirm.

your acceptance of the conditions that shall apply to the purchase. Here, you can return to the cart by clicking the “previous page button of your browser”. By clicking “Buy now”, your Order becomes binding and non-refundable.

4. (4) With our order confirmation and/or delivery, we will send you a copy of the corresponding Order, including the corresponding invoice, to your email address.

II. Prices, delivery costs, taxes and duties
1. (1) All prices quoted on our Website are in Mauritian Rupees net, inclusive of taxes for sales in the Republic of Mauritius and excluding charges that may apply to the particular case.

2. (2) In the event of obvious errors on the Website or made in connection with your Purchase, Small Potato LTD reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the product/package at the correct price or cancelling your Order.

III. Payment conditions
1. (1) You can select one of the payments methods described on the Website. Small Potato LTD reserves the right to exclude or include particular payment methods at any time.

2. (2) Your credit card payment will be executed by our payment service provider PayPal using their discrete secure infrastructure. PayPal reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.

3. (3) If you choose “Prepayment” as the payment method, we will send you an invoice including our banking details by email. You shall be obligated to pay the amount due without delay in full, including any bank charges for Small Potato LTD. Our acceptance of your order, in this case, will be subject to receipt of your payment.

4. (4) If your prepayment has not to be made within 14 days upon receipt of the invoice, Small Potato LTD will have the right to rescind the contract; the right of Small Potato LTD to raise claims for damages on such grounds shall not be affected thereby.

5. (5) In the event of any payment delay, Small Potato LTD shall have the right to charge default interest in the amount of 5% above the base interest rate of the Mauritius Central Bank valid at the time. In addition, you shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.

6. (6) You may not set off any amounts due whatsoever from Small Potato LTD against amounts due to Small Potato LTD unless expressly allowed by mandatory Consumer protection law.

IV. Right of withdrawal
1. (1) By purchasing from the Website you waive your right of withdrawal because Small Potato LTD will start the delivery without delay after the purchase agreement comes into effect.

2. (3) By clicking the “Pay Now” button you expressly consent that Small Potato LTD will immediately start with the fulfilment of the purchase agreement and that you thereby waive your right of withdrawal.

V. Use of personal information
1. (1) By completing the purchase form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an order on behalf of an organization, you ensure that you have the authority to do so.

2. (2) Small Potato LTD is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your purchase.

3. (3) In case of online payments, you are required to enter your payment details. Online payment information related to your order is processed by Small Potato LTD’s payment service provider PayPal. Small Potato LTD does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.

4. (4) By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.

VI. Data protection
1. (1) Small Potato LTD shall comply with the provisions of the Mauritius Data Protection Act and take all reasonable measures to keep your personal information confidential and secure.

2. (2) Small Potato LTD will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfil the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the purchase.

3. (3) Small Potato LTD will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.

VII. Miscellaneous
1. (1) Small Potato LTD reserves the right to amend these General Terms after prior written notification. Changes shall apply to your existing purchase agreements only, subject to the conditions that Small Potato LTD has informed you about the intended changes in writing.

2. (2) These General Terms of Online purchase shall be governed by Mauritian law, to the exclusion of its conflict of law rules.
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