Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Granting of Rights of Use for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Redeeming Gift Certificates
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1These General Terms and Conditions (hereinafter “GTC”) of Claudia Nicoleta Grimm (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2These Terms and Conditions apply mutatis mutandis to contracts for the delivery of goods with digital elements, unless otherwise specified. In such cases, in addition to delivering the goods, the seller is obligated to provide digital content or digital services (hereinafter “digital products”) that are contained in or linked to the goods in such a way that the goods cannot perform their functions without them.
1.3These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.
1.4These Terms and Conditions apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. For the purposes of these Terms and Conditions, “digital content” refers to data that is created and provided in digital form.
1.5For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.6For the purposes of these Terms and Conditions, a “business entity” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
2) Conclusion of the Contract
2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.
2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process.
2.3The 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 email), in which case the date the customer receives the order confirmation is decisive, or
- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
- by requesting payment from the customer after the customer has placed an order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. 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 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with PayPal’s Terms of Service, which can be viewed at https://www.paypal.com
2.5When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and will send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the text of the contract available in any other way. If the customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.
2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7The contract may be concluded exclusively in German.
2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1Consumers generally have the right to cancel.
3.2Further information regarding the right of withdrawal can be found in the seller's notice of withdrawal.
4) Prices and Payment Terms
4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices. Value-added tax is not shown, as the seller is a small business within the meaning of the Value-Added Tax Act (UStG). Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2The customer will be informed of the payment option(s) in the seller's online store.
5) Delivery and Shipping Terms
5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the shipping address provided by the Customer, unless otherwise agreed. The shipping address specified in the Seller’s order processing system shall be decisive for the transaction.
5.2If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s notice of withdrawal shall apply to return shipping costs.
5.3If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.
5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.
5.5For logistical reasons, pickup is not possible.
5.6Digital content is provided to the customer as follows:
- by download
- by email
6) Granting of Rights of Use for Digital Content
6.1Unless otherwise specified in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive right, unlimited in terms of location and time, to use the provided content exclusively for private purposes.
6.2The disclosure of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the license covered by this Agreement to the third party.
6.3To the extent that the contract pertains to the one-time provision of digital content, the grant of rights shall not take effect until the customer has paid the full amount due. The seller may provisionally permit use of the content covered by the contract even prior to that time. Such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the seller delivers the goods in advance, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
8.2If the customer is acting as a business,
- The seller may choose the method of subsequent performance;
- For new goods, the statute of limitations for defects is one year from the date of delivery;
- For used goods, rights and claims arising from defects are excluded;
- The statute of limitations does not start over if a replacement is provided under the warranty for defects.
8.3The limitations on liability and shortened time limits set forth above do not apply
- for the customer's claims for damages and reimbursement of expenses,
- in the event that the seller fraudulently concealed the defect,
- for goods that, when used in the manner in which they are normally intended, were used in a structure and caused its defectiveness,
- regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.4Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
8.6If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.
9) Redeeming Gift Certificates
9.1Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.
9.2Gift certificates and any remaining balance on gift certificates may be redeemed until the end of the third year following the year in which the gift certificate was purchased. Any remaining balance will be credited to the customer’s account until the expiration date.
9.3Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.
9.4You can redeem multiple gift certificates with a single order.
9.5Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.
9.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
9.7The balance on a gift certificate cannot be redeemed for cash and does not accrue interest.
9.8The gift certificate is intended solely for use by the person named on it. The gift certificate may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective certificate holder.
10) Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
11) Alternative Dispute Resolution
11.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.