§ 1 SCOPE, CONTRACT LANGUAGE
(1) These Terms and Conditions (GTC) apply to the contracts concluded between you and us (Monika Starke, Fritz-Hartmann-Str. 2, 91083 Baiersdorf, VAT ID number DE316923110, see imprint) via this online shop. (2) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
§ 2 APPLICABLE LAW, MANDATORY CONSUMER PROTECTION REGULATIONS
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
- you have your habitual residence in Germany, or
- Your habitual residence is in a country that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of the goods and services in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). (2) By clicking on the “Order with obligation to pay” button in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet constitute acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail or ship the goods. Please check the SPAM folder of your e-mail inbox regularly. (3) You can select goods for purchase and/or services for booking in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the further ordering process. After selecting an item in the shopping cart and specifying all required order and address data in the following step, pressing the “Next” button opens a page in which the essential article information including costs incurred is summarized again. Until this time, you can correct your entries or refrain from the contractual declaration. A binding offer within the meaning of paragraph 2 is only made by subsequently pressing the button “Order with obligation to pay”.
§ 4 CORRECTION NOTICE
As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services completely. If you have stored goods or services there, clicking on the “Continue” buttons will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, data or the desired quantity) by clicking on “Edit” in the respective field. If you want to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of § 3 (2) of these GTC.
§ 5 STORAGE OF THE CONTRACT TEXT
The contractual provisions with information on the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with acceptance of the contract offer or with the notification thereof. A storage of the contractual provisions by us does not take place.
§ 6 COLLECTION, STORAGE AND PROCESSING OF YOUR PERSONAL DATA
(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data every time, but you can simply log in to your customer account before or as part of an order with your e-mail address and the password you freely chose when registering. (2) In order to carry out and process an order, we need the following data from you:
- First and last name
- E-mail address
- Mailing address
(3) If you wish to create a customer account, we require the data mentioned in paragraph 2 from you as well as a password of your choice. (4) We use the data provided by you without your separate consent exclusively for the fulfilment and processing of your order(s), for example for the delivery of goods to the address specified by you. When paying by bank transfer, we also use your bank details for payment processing. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the option of giving this consent before declaring your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time. (5) The data provided by you will remain stored in your customer account until you delete it yourself. In addition, or in the case in which you only order or book as a guest without creating a customer account, we only store your data within the framework of our tax and commercial obligations. (6) If your personal information changes, you are responsible for updating it. All changes can be made online after logging in to “My Account”.
§ 7 TERMS OF PAYMENT
The purchase price is due immediately with the order. The payment of the goods is made by credit card (we use the transmission method “SSL” to encrypt your personal data), by bank transfer or via our payment service provider.
§ 8 RETENTION OF TITLE
The goods remain our property until full payment has been made. If you are in arrears with payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
§ 9 TERMS OF DELIVERY
We deliver the goods in accordance with the agreements made with you. Shipping costs incurred are listed in the product description and will be shown separately by us on the invoice.
§ 10 RIGHT OF WITHDRAWAL
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the annex. A consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity.
§ 11 WARRANTY FOR PURCHASES OF GOODS
(1) Insofar as the goods purchased and delivered in our online shop are defective, you are entitled within the framework of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. (2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims due to defects that we have fraudulently concealed shall become statute-barred within the regular limitation period. (3) You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee with regard to the sold item in individual cases.
§ 12 LIMITATION OF LIABILITY
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply in the event of injury to life, body and health. Liability under the Product Liability Act remains unaffected. (2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 13 FINAL PROVISIONS
(1) The terms and conditions written here are complete and conclusive. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the respectively agreed content of the contract. (2) If you had your domicile or habitual residence in Germany at the time of conclusion of the contract and either moved from Germany at the time the action is brought by us or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of our company in (3) We would like to point out that in addition to the ordinary legal recourse, you also have the possibility of an out-of-court settlement of have disputes pursuant to Regulation (EU) No 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr Our e-mail address is: According to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. (4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
CONSUMER INFORMATION AND CANCELLATION POLICY
If you order goods when visiting our online shop, we would like to draw your attention to the following: (1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In case of contradictions, the German text takes precedence. (2) The essential characteristics of the goods and services offered by us as well as the validity period of limited offers can be found in the individual product descriptions within the framework of our Internet offer. (3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail or send the goods for dispatch. Only then is the purchase contract between you and us concluded. (4) Any input errors when placing your order can be detected during the final confirmation before checkout and corrected at any time with the help of the deletion and change function before sending the order. (5) If the goods ordered by you are not available, we reserve the right not to provide the service, whereby we will inform you of this immediately before the conclusion of the contract. (6) The prices quoted by us are final prices including taxes. The shipping costs are shown separately for the respective products as well as for the order overview. (7) The purchase price is due immediately with the order. The payment of the goods takes place via our payment service provider. (8) We would like to point out that, in addition to ordinary legal recourse, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr Our e-mail address is: email@example.com In accordance with § 36 VSBG, we would like to point out that we are not obliged or willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. (9) The data required for the execution of the contract between you and us will be stored by us and will be accessible to you at any time. In this respect, we refer to the regulation of data protection in our data protection declaration. (10) In all other respects, we refer to our General Terms and Conditions. (11) As a consumer, you have a right of withdrawal in accordance with the specifications that can be viewed under this link .