Contractual conditions in the context of purchase contracts, via this online shop between Jacqueline Passow-Delaye, Damaschkestr. 28, 10711 Berlin – hereinafter referred to as the “provider” – and the respective buyer – hereinafter referred to as the “customer”.
§ 1 Scope, Definitions
1. For the business relationship between the Webshop Provider (hereinafter “Provider”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating terms and conditions of the customer are not accepted, unless the provider expressly agrees to their validity.
2. A consumer is any natural person who concludes a legal transaction for purposes that can be attributed to neither his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 Conclusion of contract
1. The customer can select products from the assortment of the supplier and collect them via the button “add to cart” in a so-called shopping cart. With the button “order for a fee” he gives a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the “back button” in the browser on the page on which his data has been recorded. Input errors can be corrected here. By closing the internet browser, the order process can be aborted. However, the application can only be submitted and transmitted if the customer by clicking on the button “With your order, you confirm that our terms and conditions and our revocation have read and understood.” accepted these terms of contract and thereby included in its request. If you have chosen a payment method with immediate payment, the contract is concluded at the time of confirmation of the payment order. If you have selected the method of payment in advance, the contract is already concluded if you receive a payment request with the corresponding bank details before acceptance by us. With this payment request, we accept your offer.
2. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print out the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).
3. The provider saves the contract text and sends the order data to the customer by e-mail. The terms and conditions of the provider can be viewed by the customer at any time also at https://passowdelaye.com/terms-and-conditions/. Past orders can be seen in the customer area at https://passowdelaye.com/my-account/.
§ 3 delivery, shipping, payment
The deadline for delivery begins with payment in advance on the day after the payment order is sent to the transferring bank or other payment methods on the day following the conclusion of the contract and ends on the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 prices and shipping costs
1. The prices indicated on the website of the provider are final prices plus shipping costs.
2. All prices, which are indicated on the website of the offerer, are inclusive of the in each case valid legal value added tax.
3. The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer.
4. The goods are shipped via DHL. The shipping risk is borne by the provider if the customer is a consumer.
§ 6 Payment modalities
1. The customer can make the payment by the following methods: direct debit, Paypal or Paypalplus.
2. The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
4. Vouchers can only be redeemed in our online shop. There is no cash payment. Only one voucher can be redeemed per order. If there is a remaining balance after redemption of the voucher, this will be automatically credited to the customer account. The voucher and the remaining balance are redeemable until the end of the third year after the issue date. If the remaining balance is not redeemed until then, it expires. The coupon code must be entered in the spaces provided before completing the order. Subsequently, no offset with the voucher is possible. The voucher is not personal and therefore transferable.
5. Promotional vouchers are issued free of charge and have a limited validity period. These can be found in the respective voucher. Only in this period and only for the products in the action, the voucher can be redeemed in our online shop. There is no cash payment. Only one action coupon can be redeemed per order. The coupon code must be entered in the spaces provided before completing the order. Subsequently, no offset with the voucher is possible. The voucher is not personal and therefore transferable. In the case of a cancellation by the customer no refund of the action voucher.
§ 7 Warranty, Warranty
1. For all goods from our shop, the statutory warranty rights exist.
2. The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
3. An additional guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.
§ 8 Liability
1. Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In case of breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it is a claim for damages of the customer from injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 9 Information on data processing
§ 10 Code of Conduct
The seller has submitted to the test criteria of Geprüfter Webshop, which are available on the Internet at https://www.gepruefter-webshop.de/files/6214/5260/7929/Pruefkriterien_Stand_01.2016.pdf.
§ 11 Final provisions
1. The law of the Federal Republic of Germany applies to contracts between the supplier and the customer excluding the UN sales law. In the case of orders from foreign consumers, compulsory regulations or the protection afforded by judicial law of the respective country of residence remain valid and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
3. The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
4. The contract language is German.
These terms and conditions were created by www.gepruefter-webshop.de and are regularly checked for legal security. In case of a warning, Geprüfter Webshop assumes full liability for the created legal texts.
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