Terms of Service
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Prices and terms of payment
Delivery and shipping conditions
Grant of rights of use for digital content
Retention of title
Liability for defects (warranty)
Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of Alina Rupprecht (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of Seller's resale Online store presents illustrated goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 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 within the meaning 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.
1.4 Digital content in the sense of these terms and conditions are all data not on a physical data medium, which are manufactured in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop 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 in 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.
2.3 The seller can 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 more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer 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 will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be retrieved by the customer via his password-protected user account with the corresponding login details.
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 thereby 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 The contract is concluded in German and English.
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 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 are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
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 statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATE"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have a PIN / TAN online banking account enabled to participate in "IMMEDIATE", legitimize himself during the payment process and have the payment order vis-à-vis "IMMEDIATE". to confirm. The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be charged. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/.
4.7 If the payment method credit card via Wirecard is selected, the payment is processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns his payment claim. Wirecard Bank AG collects the invoice amount from the customer's credit card account. In the event of assignment, only Wirecard Bank AG can be made debt-discharging. The credit card will be charged immediately after sending the customer order via the online shop of the seller. The seller remains responsible for general customer inquiries even if the payment method credit card via Wirecard is selected. For example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits. Reference is made to the information provided by Wirecard Bank AG pursuant to Article 13 DSGVO in connection with the processing of credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is not possible for logistical reasons.
5.4 Digital Content shall be provided to the Customer solely in electronic form as follows:
- by download
6) Grant of rights of use for digital content
6.1 Unless the content description in the Seller's online shop reveals otherwise, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Any transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only if the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
7) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.