General Terms and Conditions
The following regulates the contractual conditions within the framework of purchase contracts concluded via this online shop between Petra Roth, Querstraße 6, 56479 Westernohe and the respective buyer.
§ 1 Scope of application, definitions
The following General Terms and Conditions apply to the business relationship between the webshop seller (hereinafter ‘seller’) and the buyer (hereinafter ‘customer’) in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, Section 14 BGB.
§ 2 Conclusion of contract
Where goods are referred to below, this also includes digital products (digital content or digital services) and goods with digital elements, if offered.
1. The presentation of the goods in the online shop does not constitute a legally binding offer, but merely an invitation to the customer to submit an offer. The customer can select goods from the seller's range and collect them in a so-called shopping basket using the button relating to the shopping basket. By clicking the button required to conclude the purchase contract, the customer submits a binding request to purchase the goods in the shopping basket. The customer can change and view the data at any time before submitting the order. The customer can return to the page on which their data was entered at any time before placing a binding order by pressing the ‘Back’ button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the Internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
2. Confirmation of receipt of the customer's order is sent together with acceptance of the order immediately after it has been sent by means of an automated e-mail. The purchase contract is concluded with this e-mail confirmation. If the customer has selected a payment method with immediate payment (e.g. PayPal / PayPal Plus / PayPal Express, Amazon-Payments, Sofortüberweisung), the contract is concluded at the time of confirmation of the payment instruction by the customer. If the customer has selected the prepayment payment method, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller's declaration of acceptance. We accept your offer with this request for payment.
3. With the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but at the latest upon delivery of the goods, the customer will be sent the contract text and any guarantee conditions on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations. The customer can also view the seller's current GTC at any time at https://steinzauber.de/products/pages/terms/. Past orders can be viewed in the customer area under Login -> Your account -> Purchases and reviews.
§ 3 Production of goods according to customer specifications
We do not produce goods according to customer specifications.
§ 4 Start of delivery period, delivery, provision of digital content
1. The delivery period for payment in advance begins on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after the contract is concluded and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
2. Delivery shall be made to the delivery address specified by the customer.
3. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful dispatch. 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 service offered, unless the seller had given him reasonable advance notice.
§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
1. The prices stated on the seller's website include the applicable statutory value added tax. If the web shop's offers are aimed exclusively at other entrepreneurs, the prices are exclusive of the applicable statutory VAT.
2. Any shipping and delivery costs incurred are shown during the order process and - unless otherwise stated - are to be borne by the customer. The following applies to consumers:
2a The goods are dispatched by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer. The following applies to entrepreneurs:
2b The goods are dispatched by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer as soon as the seller has handed over the item to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.
§ 7 Payment methods
1. During the order process, the customer is shown the available payment options. These may be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. The customer receives further information during the order process. The seller can determine the available payment options at their own discretion.
2. Payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. The following applies to consumers: 2a point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay the seller default interest in the amount of 5 percentage points above the respective base interest rate. The following applies to entrepreneurs:
2b In the event of default, the customer shall pay the seller default interest in the amount of 9 percentage points above the base interest rate.
3. The customer's obligation to pay default interest does not exclude the seller from claiming further damages caused by default.
§ 8 Warranty for material defects, guarantee
1. The statutory warranty rights apply to all of the seller's goods. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
2. The warranty period for newly manufactured goods delivered by the Seller to entrepreneurs is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.
3. An additional guarantee only exists for the goods delivered by the seller if this was expressly stated in the order confirmation for the respective item. The scope of any guarantee can be found in the respective guarantee provisions.
§ 9 Liability
1. Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 10 Right of cancellation
If the customer is a consumer, they have a statutory right of cancellation. Further information on the right of cancellation can be found in the cancellation policy.
§ 11 Information on data processing
Data protection is particularly important to us. You will therefore find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
has submitted to the Code of Conduct of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/verhaltenscodex/.
§ Section 13 Force majeure
1. ‘Force majeure’ means the occurrence of an event that prevents a party from fulfilling one or more of its contractual obligations under the contract if and as long as the party affected by the impediment proves that it is an external event that has no operational connection, that cannot be averted even with the utmost care that can reasonably be expected and that does not fall within the sphere of risk of only the affected party.
2. In the absence of proof to the contrary, the following (non-exhaustive) events are presumed to be cases of ‘force majeure’: - war, large-scale military mobilisation, hostilities, attack, acts of foreign enemies, civil war, riot, insurrection, acts of terrorism, sabotage or piracy; - currency and trade restrictions, embargo, sanctions; - pandemic, epidemic, or infectious diseases, taking into account the risk level of at least ‘moderate’ as determined by the Robert Koch Institute or natural disaster or extreme natural event; - explosion, fire, destruction of equipment, prolonged breakdown of means of transport, telecommunications, information systems or energy; - general industrial unrest such as boycotts, strikes and lockouts, occupation of factories and buildings.
3. In cases of force majeure, the affected party shall be released from the obligation to deliver or take delivery or to provide the service for the duration and to the extent of the impact, provided that this is communicated immediately. If the notification is not made immediately, the exemption shall take effect from the time at which the notification reaches the other party. The exemption from the obligation to deliver or accept shall apply for as long as the asserted obstacle prevents the fulfilment of the contract by the party concerned. Buyers are obliged to inform the Seller immediately, but at the latest within 14 days, if an order remains unanswered and/or unprocessed, but if the Buyer wishes to continue with the order. This information must be provided in writing by e-mail or letter, in any case in such a way as to ensure that the seller receives the information letter.
4. Unless otherwise agreed, the contract may be cancelled by either party if the duration of the impediment exceeds 120 days. In the event of cancellation, the services rendered up to that point shall be reimbursed.
5. The affected party shall take all appropriate and reasonable measures to eliminate the force majeure situation and to mitigate the negative consequences of the force majeure that have occurred or threaten to occur for the other party.
6. If the subject matter of the contract is a service to be provided by the affected party, the latter shall be entitled to redefine the provision of the service. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.
7. If the subject matter of the contract is an event, the organiser is entitled to redefine the time and location of the event. If the participant is unable to accept the new offer, for whatever reason, he shall be entitled to an alternative date. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract can be cancelled by either party and any services already received must be returned
§ 14 Final provisions
1. The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory provisions or the protection granted by the law of the respective country of residence shall remain in force and shall 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 registered office of the provider.
3. The contractual language is German.
Copyright notice:
These GTC were created by the contract lawyers of TISKO Consulting GmbH ( www.gepruefter-webshop.de ) and are subject to copyright protection. Any use other than the contractual agreement or the copying and unauthorised use of the texts is not permitted and constitutes a copyright infringement that will be prosecuted.