General terms and conditions with customer information
- Prices and payment terms
- Delivery and shipping conditions
- Liability (warranty)
- Special conditions for the processing of goods according to certain customer specifications
- Special conditions for assembly/installation services
- Dissolution of action vouchers
- Replacement of gift certificates
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Desiree Tielmann (hereinafter referred to as "seller") shall apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as "customer") with the seller in respect of the goods presented by the seller in his online shop. This contradicts the inclusion of the customer's own conditions unless otherwise agreed.
1.2For contracts for the delivery of vouchers, these Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly provided for.
1.3For the purposes of this Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes which cannot be attributed to his or her professional or self-employed activities. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a legal person who, when entering into a legal activity, acts in the exercise of his professional or self-employed activity.
2) Contract conclusion
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller but serve to make a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer, by clicking the button that completes the ordering process, makes a legally binding contract offer for the goods contained in the shopping cart.
2.3The seller can accept the customer's offer within five days,
- by submitting to the customer a written order confirmation or a text order confirmation (fax or e-mail), in so far as access to the order confirmation is relevant to the customer; or
- by supplying the ordered goods to the customer, in so far as the access of the goods to the customer is relevant; or
- by requesting the customer to pay upon delivery of his order.
Where several of the abovementioned alternatives exist, the contract shall be concluded at the time when one of the abovementioned alternatives occurs first. The time limit for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
2.5If the payment method "Amazon Payments" is selected, payment processing is effected via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), in accordance with the Amazon Payments Europe usage agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method in the context of the online ordering process, he also grants a payment order to Amazon by clicking on the button that closes the order process. In this case, the seller already declares the acceptance of the customer's offer at the time when the customer triggers the payment transaction by clicking on the button closing the order process.
2.6When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the conclusion of the contract and will be sent to the customer after sending his order in text form (e.g. B. Email, fax or letter). The seller does not make available the text of the contract in excess of that. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.7Before placing the order via 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 the better recognition of input errors can be the magnification function of the browser, with the aid of which the representation on the screen is increased. The customer can correct his entries via the usual keyboard and mouse functions in the context of the electronic ordering process until he clicks on the button closing the ordering process.
2.8Only the German language is available for the conclusion of the contract.
2.9The order processing and contact is usually done by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by the customer for the order processing 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 has to ensure that all e-mails sent by the seller or by the latter with the order processing can be sent to third parties.
3) Right of withdrawal
3.1In principle, consumers are entitled to a right of withdrawal.
3.2Further information on the right of revocation shall be obtained from the revocation of the seller.
4) Prices and payment terms
4.1Unless otherwise indicated in the product description of the seller, the prices quoted are total prices, which include the statutory sales tax. If applicable, additional delivery and delivery costs are indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller does not have to represent and which are to be borne by the customer. These include, for example, the costs of the transfer of funds by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or import duties. Taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not carried out in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option/s is/will be communicated to the customer in the online shop of the seller.
4.4If advance payment is agreed upon by bank transfer, the payment is due immediately after conclusion of the contract, provided that the parties have not agreed on a later due date.
4.5If the payment method "SOFORT" is selected, payment processing will be effected via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that is free of charge for participation in "SOFORT", will be able to legitimize himself during the payment process and confirm the payment order against "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the bank account of the customer is charged. For more information on the payment method "SOFORT", the customer can access the Internet at https://www.klarna.com/sofort/.
4.6If a payment method is selected via the payment service "Shopify Payments", payment processing is effected via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the online shop of the seller. In order to process payments, Stripe can use other payment services, for which it may be special payment terms and conditions to which the customer may be subject shall be drawn up separately. More information on Shopify Payments can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7When selecting a RatePAY payment method offered by the seller (e.g. B RatePAY invoice, RatePAY advance, RatePAY direct debit, RatePAY instalment payment) is settled via the service provider RatePAY GmbH, Franklinstrasse 28-29, 10587 Berlin (hereinafter RatePAY). What RatePAY payment methods the seller offers in detail is communicated to the customer on the seller's website. When using a RatePAY payment method against the customer, the seller assigns to RatePAY, using the payment method instalment payment (if offered), to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. Payments with debt-free effect can only be made to RatePAY, when using the payment method, payment of instalments (if offered) to Wirecard Bank AG. However, the seller remains responsible for general customer requests (e.g. B the goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credits). The use of a RatePAY payment method offered by the seller requires a successful credit assessment by RatePAY. The seller reserves the right to refuse the customer the chosen payment method in the event of a negative credit assessment and to offer him an alternative payment method. The general terms and conditions of RatePAY, available under https://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis which the customer can call during the ordering process.
4.8In the case of a payment method offered by the payment service "Klarna", the payment is made via Klarna Bank AB (publ), Sweden paragraph 46, 111 34 Stockholm, Sweden (Klarna). Further information and the terms and conditions of Klarna can be found in the payment information of the seller, which can be found at the following internet address:
5) Delivery and dispatch conditions
5.1The delivery of goods shall be effected by dispatch to the address of delivery specified by the customer, unless otherwise agreed. The address of delivery indicated in the seller's order processing shall be decisive for the settlement of the transaction.
5.2If the delivery of the goods fails for reasons which the customer has to represent, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs of the shipment if the customer effectively exercises his right of withdrawal. For the costs of the return, in the effective exercise of the right of withdrawal by the customer, the rules adopted in the seller's statement of withdrawal shall apply.
5.3For logistical reasons, self-collection is not possible.
5.4"8201; vouchers are left to the customer as follows:
6) Reservation of title
If the seller enters into a supply, he retains ownership of the delivered goods until the full payment of the purchase price due.
7) Liability for defects (warranty)
7.1If the goods are defective, the rules of legal liability apply.
7.2Exceptions to this rule shall apply to second-hand goods: claims for defects shall be excluded if the defect does not occur until one year after delivery of the goods. Deficiencies occurring within one year of delivery of the goods may be claimed within the legal limitation period. However, the limitation of liability to one year shall not apply:
- for items which have been used for a building in accordance with their usual use and which have caused it to be defective;
- for claims for damages and expenses of the customer; and
- in case the seller has fraudulently concealed the defect.
7.3If the customer acts as a consumer, he shall be asked to record the goods delivered with obvious transport damage to the customer and to inform the seller accordingly. If the customer does not meet this, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1If, in addition to the delivery of goods, the seller owes to the seller the processing of the goods in accordance with certain specifications of the customer, the customer has to provide the seller with all the contents necessary for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and to grant him the right of use for this purpose. The customer is solely responsible for the acquisition and acquisition of rights to this content. The customer declares and assumes the responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that the rights of third parties are not infringed, in particular copyright, trademark and personal rights.
8.2The Customer shall release the Seller from claims of third parties which may be asserted in connection with an infringement of their rights by the Seller in accordance with the contractual use of the contents of the Customer. The customer shall also assume the appropriate costs of the necessary legal defense, including all legal and attorney fees, in legal terms. This shall not apply if the legal breach is not to be represented by the customer. The customer is obligated to provide the Seller without delay, truthfully and completely, in the event of a use by third parties, all the information required for the examination of the claims and a defence.
8.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose is contrary to legal or official prohibitions or to the good mores. This applies in particular to the omission of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangling and/or violence-glorying content.
9) Special conditions for assembly and installation services
If, according to the contents of the contract, the seller owes not only the delivery of goods, but also the installation or the installation of the goods at the customer and if necessary appropriate preparatory measures (e.g. For example, the following shall apply:
9.1The seller shall perform his/her services at his/her own personal choice or by qualified personnel selected by him. The Seller may also serve the services of third parties (subcontractors) who are acting on his behalf. Unless otherwise provided by the seller's performance description, the customer has no right to choose a particular person to carry out the requested service.
9.2The customer shall provide the seller with the information required for the provision of the service due in full and in accordance with the truthfulness of the contract, provided that the contents of the contract do not fall within the obligation of the seller.
9.3After the contract has been concluded, the seller will contact the customer in order to make an appointment with the customer for the performance due. The customer shall ensure that the seller or the customer is responsible. shall have access to the client's facilities at the agreed date by the staff responsible for the appointment.
9.4The risk of accidental loss and accidental deterioration of the goods sold shall not pass until the completion of the assembly work and the delivery to the customer.
10) Redemption of action vouchers
10.1Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the online shop of the seller and only within the specified period.
10.2Promotional vouchers can only be redeemed by consumers.
10.3Individual products may be excluded from the voucher action, provided that a corresponding restriction arises from the content of the promotional voucher.
10.4Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent settlement is not possible.
10.5Only one action voucher can be redeemed for each order.
10.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance shall not be reimbursed by the seller.
10.7If 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.
10.8The balance of a promotional voucher is not disbursed in cash or interest.
10.9The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of revocation.
10.10The action voucher is transferable. The seller can, with a liberating effect, make a contribution to the respective owner who redeemes the promotional voucher in the seller's online shop. This shall not apply if the seller is aware of or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of representative authority of the respective owner.
11) Redemption of gift vouchers
11.1Vouchers which can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, provided that the voucher does not give any other information.
11.2Gift vouchers and the remaining balance of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer until the expiration date.
11.3Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent settlement is not possible.
11.4In the case of an order, several gift vouchers can also be redeemed.
11.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
11.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7The credit of a gift voucher is not disbursed in cash or interest.
11.8The gift certificate is intended for use only by the person named on it. A transfer of the gift certificate to third parties is excluded. The Seller is entitled, but not obliged, to examine the material eligibility of the respective voucher holder.
12) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws relating to the international purchase of movable goods. In the case of consumers, this choice of law shall apply only in so far as the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
13) Alternative Dispute Resolution
13.1The EU Commission is providing a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising out of online purchase or service contracts, in which a consumer is involved.
13.2The seller is neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration body.