1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (“GTC”) of Sonja Theresa Elisabeth Baumann & Erik Günter Scheffler GbR (hereinafter “seller”) apply to all contracts for the delivery of goods and vouchers that a consumer or entrepreneur (“customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby expressly rejected, unless something else has been individually agreed.

 

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but only serve to enable the customer to submit a binding offer.

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2.2 The customer can submit the offer via the online sales module integrated into the seller's online shop. After placing the selected goods in the shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process.

 

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form, whereby receipt of the order confirmation by the customer is decisive, or

• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after the order has been placed.

If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 is deemed to be 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 the "PayPal" payment method, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

 

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. 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 by the customer via his password-protected user account by providing the corresponding login data.

 

2.6 Before submitting a binding 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 better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

 

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

 

2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for 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 must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

 

3) RIGHT OF WITHDRAWAL

3.1 Consumers are generally entitled to a 14-day right of withdrawal.

 

3.2 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

 

4) PRICES AND PAYMENT TERMS

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax.

 

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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 payment option(s) will be communicated to the customer in the seller's online shop.

 

4.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

 

5) DELIVERY AND SHIPPING TERMS

5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

 

5.2 Self collection is not possible.

 

6) RESERVATION OF TITLE

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

7) GOVERNING LAW

7.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies 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.

 

7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

 

8) ALTERNATIVE DISPUTE RESOLUTION

8.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

 

8.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.