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Conditions

Conditions

General Terms and Conditions with Customer Information

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kerstin Ursinus (hereinafter “Seller”) apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall also apply accordingly to contracts for the delivery of vouchers, unless expressly otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services in the shopping cart by clicking the button that concludes the order process. Furthermore, the Customer may also submit the offer by post, e-mail, fax, or telephone to the Seller.

2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. 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 result that the Customer is no longer bound by his declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent.

2.5 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller and sent to the Customer after sending his order together with these GTC in text form (e.g., e-mail, fax, or letter). In addition, the contract text will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected Customer account, provided that the Customer has created a Customer account in the Seller’s online shop before sending his order.

2.6 Before placing a binding order via the Seller’s online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

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

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred 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 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is made by dispatch to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises his right of withdrawal, if he 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 had announced the service to him within a reasonable period of time beforehand.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

by e-mail
by post

6) Retention of Title

If the Seller makes an advance delivery, he retains ownership of the delivered goods until full payment of all claims arising from the business relationship has been received. The Buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the Buyer hereby assigns to the Seller the claims arising from such resale in the amount of the invoice value of the goods subject to retention of title.

7) Liability for Defects (Warranty)

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

7.2 The Customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Certain products may be excluded from the voucher promotion, provided such restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.4 Several Promotional Vouchers can also be redeemed for one order.

8.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The balance of a Promotional Voucher will not be refunded, paid out in cash, or bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of his statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity, or the lack of power of representation of the respective holder.

9 If products are returned, the amount paid by voucher will only be refunded via voucher and not in cash.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Several Gift Vouchers can also be redeemed for one order.

9.5 Gift Vouchers can only be used to purchase goods, not to purchase further Gift Vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a Gift Voucher will not be refunded, paid out in cash, or bear interest.

9.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity, or the lack of power of representation of the respective holder.

9.9 If products are returned, the amount paid by voucher will only be refunded via voucher and not in cash.

10) Applicable Law

All legal relationships of the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.