Conditions
Terms and Conditions with customer information
Content
- 1. Scope
- 2. Conclusion of contract
- 3. Right of withdrawal
- 4. Prices and terms of payment
- 5. Delivery and shipping conditions
- 6. Retention of title
- 7. Liability for defects (warranty)
- 8. Redemption of action vouchers
- 9. Redemption of gift vouchers
- 10. Applicable law
1) Scope
1.1 These General Terms and Conditions (hereafter referred to as "Terms and Conditions") of Kerstin Ursinus (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods displayed by the Seller in his online shop and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.3 Consumers 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 the 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 and / or services 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 with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer may also submit the offer by post, by e-mail, by fax, by telephone 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. 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 The deadline for the acceptance of the offer begins on the day following the dispatch of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer.
2.5 When submitting an offer via the online order form of the seller, the contract text will be 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.
2.6 Prior to the binding submission of the order via the online order form of the seller, the customer can correct his entries continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window 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 contacting are usually carried out by 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 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 applicable, additional delivery and shipping costs are specified 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, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg 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 customer has various payment options available, which are specified in the online shop of the seller.
4.4 If advance payment has been agreed, the payment is due immediately upon conclusion of the contract.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place 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, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.
5.3 Pickup is not possible for logistical reasons.
5.4 Vouchers will be given to the customer as follows:
- by email
- postal
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of action vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers") can only be redeemed in the vendor's online shop and only during the specified period.
8.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
8.3 Action vouchers can only be redeemed before the end of the order process. Subsequent offsetting is not possible.
8.4 When ordering, several action vouchers can be redeemed.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
8.7 The balance of an action voucher is neither paid in cash nor interest.
8.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of withdrawal.
8.9 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of purchase of the voucher. Remaining credits 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 When placing an order, several gift vouchers can be redeemed.
9.5 Gift Certificates can only be used to purchase goods and not for the purchase of additional Gift Certificates.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.7 The credit of a Gift Certificate will not be paid in cash or interest.
9.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
10) 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 granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.