Terms of service

AGB`s in Englisch

Terms of Service
Table of Contents

1.     scope
2.     conclusion
3.     Withdrawal
4.     Prices and terms of payment
5.     Delivery and shipping conditions
6.     Retention of title
7.     Liability for defects (warranty)
8.     Applicable law
9.     Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Anja Gumbinger (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's Online shop completes goods. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
 

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form.

2.3 The 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 email), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or by asking the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, providing the relevant login data, provided the customer has created a customer account in the seller's online shop before sending his order.
 

2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the seller's online shop.

4.4 If payment in advance has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

4.6 If the payment method "SOFORT" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN procedure activated for participation in "SOFORT", have to be authorized accordingly during the payment process and the payment instruction to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.7 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.

5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of 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 he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3 In the case of collection by the seller, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 sales or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

contents
scope
conclusion
Withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Applicable law
Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions of Anja Gumbinger (hereinafter referred to as "Seller") apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of the Seller Online store presents displayed goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may also submit the offer by telephone, by fax, by e-mail, by post or by online contact form to the seller.

2.3 The seller may accept the offer of the customer within five days,

by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch 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.

2.4 When placing an offer via the online order form of the seller, the contract text is stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account, stating the corresponding login data, provided the customer has created a customer account in the seller's online shop before sending his order.

2.5 Before placing the order on the seller's online order form, the customer can identify 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. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal arises from the cancellation policy

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