(The following T & Cs also contain legal information about your rights under the rules on contracts for distance sales and e-commerce).
2. Offers and specifications
3. Order process and contract
4. Price and shipping
5. Delivery, product availability
6. Payment Terms
7. Retention of title
8. Warranty for defects and warranty
10. Storage of contract
11. Data Protection
12. Jurisdiction, Applicable Law, Contract Language
1.1. For the business relationship between “Lenora Gewandungen, Nicole Busch, An St. Martin 47, 41517 Grevenbroich ” (hereinafter “Seller”) and the customer (hereinafter “Customer”) the following General Terms and Conditions are valid in current version at the time of the order.
1.2. You can contact our customer service for questions and complaints on weekdays from 13:00 to 17:00 at the telephone number [01577-4194151] and the email “firstname.lastname@example.org”.
1.3. A consumer in terms of this contract is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocat (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to them explicitly.
2.1. The presentation of products in our online shop is not a legally binding offer but is an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.
3.1. The customer can choose from the range of the seller and collect them not-bindingly with the “add to cart”-button in a so-called shopping bag. Then the customer can proceed to “Checkout” within the shopping cart by clicking the button at the end of the ordering process.
3.2. By click the “Buy”-button the customer makes a binding offer to purchase the goods in the shopping bag. Before submitting the order, the customer can change the data at any time and observe them. Required fields are marked with an asterisk ( * ) .
3.3. The seller then sends the customer an automatic confirmation by e-mail, in which the customer’s order is listed again and the customer can print it via the “Print” function (order confirmation). The automatic acknowledgment only documents that the customer’s order has been received by the seller and does not constitute an acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product within 2 days to the customer, hands over the order to a shipping company or confirmes the shipping within 2 days by sending a second e-mail with expressly order confirmation or the invoice.
3.4 . Should the seller provide advance payment, the contract is valid with the provision of banking information and payment request. If the payment is not received in time even after a second notice to a time of 10 calendar days after sending the order confirmation , the seller cancels the contract with the result that the order has lapsed and the seller has no longer a delivery obligation. The order is then done for the buyer and seller with no other consequences. Therefore, a reservation of an article in advance payments are for a maximum of 10 calendar days.
3.5. The contract for custom made products is accepted with the payment of the deposit. From this point onwards, the concept will be drawn up and made as desired.
4.1 . All prices that are listed on the seller’s website are inclusive of the applicable statutory tax.
4.2 . In addition to the prices the seller charges shipping costs for delivery. The shipping costs are communicated to the buyer clearly on a separate information page and in the order process.
4.3. In the case of custom-made products, the shipping costs will be communicated with the final invoice.
5.1. Unless payment in advance is agreed, delivery is made after receipt of the invoice amount.
5.2. Should not all ordered products be in stock, the seller is entitled to make partial deliveries at its own expense, as far as this is reasonable for the customer.
5.3. Should the delivery of the goods due to the fault of the buyer fail after three delivery attempts, the seller can withdraw from the contract. If necessary, payments will be refunded to the customer immediately.
5.4. If the ordered product is not available, because the seller is not supplied by its supplier with this product without any fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and may propose to supply of a comparable product. If no comparable product is available or if the customer does not wish to supply a comparable product, the seller will refund already received payments to the customer immediately.
5.5. Customers will be informed of delivery times and delivery restrictions (e.g., limiting supplies to certain countries) on a separate information page or within the product description.
6.1. The customer can choose from the available payment methods before completing the order process. Customers will be informed about the available payment methods on a separate information page.
6.2. Is the payment by invoice possible, the payment must be made within 30 days of receiving of the goods and the invoice. For all other forms of payment, prepayment shall be made without deduction.
6.3. Will third-parties be responsible for payment processing, e.g. Paypal, their terms and conditions apply.
6.4. If the date of payment is determined by the calendar, the customer will be in default with the observance of the date. In this case the customer has to pay the statutory default interests.
6.5. The customer’s obligation to pay default interest includes the assertion of further damage caused by delay.
6.6. A right to offset is only possible if the customer established his counterclaims legally or they are recognized by the seller. The customer can only exercise a lien, if the claims are from the same contractual relationship.
Until full payment is received the delivered goods remain the property of the seller.
8.1 . The warranty shall be governed by statutory provisions.
8.2 . A guarantee on the goods supplied by the seller only exists if it has been expressly stated. Customers will be informed of the guarantee terms before the initiation of the order process.
9.1. For the seller’s liability for damages the following exclusions or limitations are valid without prejudice to other statutory entitlement requirements.
9.2. The seller is fully liable if the damage is caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10.1. The customer can print the agreement text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer receives further a copy of the Terms and Conditions with revocation terms and in addition the instructions about shipping, delivery and payment. If you should have registered in our shop system, you can view your orders placed in your profile area. In addition, we save the contract , but do not make him available on the Internet.
11.1. The seller shall process personal data of the customer for appropriate purposes and according to legal regulations.
11.2. The for the purpose of ordering goods specified personal information (such as name, email address, address, payment data) are used by the seller for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. The customer has the right to get information free of charge on the personal data that have been stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
12.1. Jurisdiction and performance is the location of the seller, if the customer is a merchant, legal entity under public law or public law special fund.
12.2. Valid contract language is German.
12.3. European Commission on online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/.
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