General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions (hereinafter referred to as "GTC") of Daniela Wegele (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 Verbraucher in the sense of these AGB is each natural person, who locks a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 Der Customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
2.3 Der seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 Bei of the submission of an offer via the online order form of the seller, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.6 Vor binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Für the conclusion of the contract the German and the English language are available.
2.8 Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Verbrauchern is basically entitled to a right of withdrawal.
3.2 Nähere Information on the right of revocation results from the seller's revocation instruction.
4) Prices and terms of payment
4.1 Sofern from the product description of the salesman nothing else results, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) is/are communicated to the customer in the online shop of the seller.
4.5 Bei Selection of the payment method "IMMEDIATELY" the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. The customer can find more detailed information on the "IMMEDIATE" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 Bei Selection of a payment method offered via the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be notified to the Customer separately. Further information on Shopify Payments is available on the Internet at https://www.shopify.de/payments.
5) Delivery and shipping conditions
5.1 Die Goods are delivered by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing is decisive for the transaction.
5.2 Sendet the transport company returns the shipped goods to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable notice of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3 Selbstabholung is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 Ist the object of sale is defective, the provisions of the statutory liability for defects shall apply.
7.2 Der Customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Gutscheine, which are issued free of charge by the seller within the scope of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2 Einzelne Products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Aktionsgutscheine can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Pro Only one promotion voucher can be redeemed at a time.
8.5 Der The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.6 Reicht the value of the promotion voucher to cover the order is not sufficient, you can choose one of the other payment methods offered by the seller to settle the difference.
8.7 Das The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.8 Der Promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.9 Der Promotional voucher is intended only for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 Die The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 Der Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.