Terms and conditions
General Terms of Business with Customer Information
Index
1. Field of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery- and Shipping Terms
6. Reservation of Ownership
7. Warranty
8. Liabilities
9. Release from Liabilities concerning Violation of Third Party Rights
10. Applicable Law
1) Field of Application
1.1 These General Terms and Conditions (thereafter called „AGB“) of Elke Jansen (thereafter called „seller“) apply to all contracts concluded between the seller and the consumer or enterpriser (thereafter called „customer“) relating to the goods or services offered by the seller’s online-shop. The customer’s own terms and conditions are herewith vetoed unless something else was agreed on.
Index
1. Field of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery- and Shipping Terms
6. Reservation of Ownership
7. Warranty
8. Liabilities
9. Release from Liabilities concerning Violation of Third Party Rights
10. Applicable Law
1) Field of Application
1.1 These General Terms and Conditions (thereafter called „AGB“) of Elke Jansen (thereafter called „seller“) apply to all contracts concluded between the seller and the consumer or enterpriser (thereafter called „customer“) relating to the goods or services offered by the seller’s online-shop. The customer’s own terms and conditions are herewith vetoed unless something else was agreed on.
1.2 A consumer in terms of the AGB is any natural person that enters into a legal transaction not ascribed to any commercial or professional activities. An enterpriser in terms of the AGB is any legally responsible natural or juristical person or private company that enters into a legal transaction to the benefit of their freelance or commercial activities.
2) Conclusion of Contract
2.1 The product descriptions given on the seller’s online-shop do not constitute a firm offer on part of the seller but only serve as information to enable the customer to make a firm offer.
2.2 The customer can use the integrated online-shop order form provided by the seller. In this case the customer enters into a legally binding contract after placing the chosen goods or services into the virtual shopping basket and running through the electronic ordering process and by finally clicking the confirmation button for the goods contained in the shopping basket. Alternatively the customer can also submit his offer to the seller by means of telephone, fax order, e-mail, or by postal services.
2.3 The seller can accept the customer’s offer within five days,
2.1 The product descriptions given on the seller’s online-shop do not constitute a firm offer on part of the seller but only serve as information to enable the customer to make a firm offer.
2.2 The customer can use the integrated online-shop order form provided by the seller. In this case the customer enters into a legally binding contract after placing the chosen goods or services into the virtual shopping basket and running through the electronic ordering process and by finally clicking the confirmation button for the goods contained in the shopping basket. Alternatively the customer can also submit his offer to the seller by means of telephone, fax order, e-mail, or by postal services.
2.3 The seller can accept the customer’s offer within five days,
- by giving a written order confirmation or an order confirmation in text via fax or e-mail provided the customer remains accessible by these means, or
- by delivering the ordered goods to the customer provided access to the customer is ensured, or,
- by requesting payment in advance after receipt of the offer.
Exist several alternatives, the contract will come into force the moment one of the aforementioned alternatives occur first.
If the seller does not confirm the customer’s offer within the aforementioned deadline, it will be considered a refusal of the offer and the customer is no longer bound to his declaration of intent.
2.4 If the customer selects the option „PayPal Express“ for payment, he automatically submits a payment order to his payment services provider when pressing the final button to finish the ordering process. In this case the seller accepts the customer’s offer at the moment in which the customer activates the final button to close the order (other than outlined in paragraph 2.3).
2.5 The time limit for accepting the offer begins the day after the offer was sent off by the customer and ends with the completion of the fifth day following the dispatch of the offer.
2.6 When making an offer using the online-order form provided by the seller, the terms of contract are being saved by the seller and then sent in a written form together with the AGB to the customer after dispatch of his order. Additionally the text of the contract is archived on the seller’s website and can be called up by the customer at any time without charge. For doing this the customer uses his password protected customer account by entering the corresponding login-data, provided the customer has set up a customer account with the seller’s online-shop.
2.7 The customer can, at any time, correct his input via the usual keyboard and mouse functions before finalizing the order. Additionally all input will be shown again in a separate window for confirmation and can be corrected using the conventional keyboard and mouse functions before sending off the firm order.
2.8 Contract conclusion is done in German language only.
2.9 The order processing and contact establishment is normally done via e-mail and automated order handling. The customer has to make sure that the e-mail address he has given with the order is correct and that the seller’s e-mails can be received by him. Even if the customer uses SPAM filters he has to make sure that he is able to receive all e-mails that the seller or a third party entrusted by the seller with the order handling, send to him.
2.10 When ordering alcoholic beverages the customer has to declare with his order that he is of legal age and that he commits himself to make sure that either he himself or an authorized person of full age accept the goods.
- by delivering the ordered goods to the customer provided access to the customer is ensured, or,
- by requesting payment in advance after receipt of the offer.
Exist several alternatives, the contract will come into force the moment one of the aforementioned alternatives occur first.
If the seller does not confirm the customer’s offer within the aforementioned deadline, it will be considered a refusal of the offer and the customer is no longer bound to his declaration of intent.
2.4 If the customer selects the option „PayPal Express“ for payment, he automatically submits a payment order to his payment services provider when pressing the final button to finish the ordering process. In this case the seller accepts the customer’s offer at the moment in which the customer activates the final button to close the order (other than outlined in paragraph 2.3).
2.5 The time limit for accepting the offer begins the day after the offer was sent off by the customer and ends with the completion of the fifth day following the dispatch of the offer.
2.6 When making an offer using the online-order form provided by the seller, the terms of contract are being saved by the seller and then sent in a written form together with the AGB to the customer after dispatch of his order. Additionally the text of the contract is archived on the seller’s website and can be called up by the customer at any time without charge. For doing this the customer uses his password protected customer account by entering the corresponding login-data, provided the customer has set up a customer account with the seller’s online-shop.
2.7 The customer can, at any time, correct his input via the usual keyboard and mouse functions before finalizing the order. Additionally all input will be shown again in a separate window for confirmation and can be corrected using the conventional keyboard and mouse functions before sending off the firm order.
2.8 Contract conclusion is done in German language only.
2.9 The order processing and contact establishment is normally done via e-mail and automated order handling. The customer has to make sure that the e-mail address he has given with the order is correct and that the seller’s e-mails can be received by him. Even if the customer uses SPAM filters he has to make sure that he is able to receive all e-mails that the seller or a third party entrusted by the seller with the order handling, send to him.
2.10 When ordering alcoholic beverages the customer has to declare with his order that he is of legal age and that he commits himself to make sure that either he himself or an authorized person of full age accept the goods.
3) Right of Withdrawal
Basically customers have the right of withdrawal. For more information on this subject, please see the seller’s cancellation policy.
4) Prices and Terms of Payment
4.1 If not stated otherwise, the prices given by the seller are the final prices including VAT. Information on eventual additional costs for delivery and dispatch are provided separately in the product description.
4.2 In the case of delivery outside the European Union additional charges may occur which are not to be borne by the seller and which have to be paid by the customer. These can, for instance, be charges for money transfers raised by credit institutions (for instance transfer charges, exchange rate charges) or import taxes etc.
4.3 The customer has several payment options at his disposal, all of which are specified on the seller’s online-shop site.
4.4 If advance payment is agreed, the payment has to be affected immediately after conclusion of the contract.
4.5 When selecting the option “delivery on account“, the purchase price due net has to be paid within 14 (fourteen) days on receipt of invoice unless otherwise agreed. The seller reserves the right to carry out a credit check and to refuse this kind of payment in case of negative report.
4.6 When choosing SEPA-payment the invoice amount is payable after issuing a SEPA- debit mandate but not before the deadline for the advance notification has expired. Direct debit takes place after the ordered goods have left the seller’s warehouse but not before the deadline for the advance notification has expired. Advance notification is any kind of information given by the seller to the customer informing him about the debit payment via SEPA (e.g. invoice, policy, contract). Should the debit withdrawal on account of insufficient funds or incorrect banking details not be possible or should the customer unjustifiably object to the debiting, the customer has to bear the banking charges in this respect as far as he is accountable for it.
5) Delivery and Shipping Terms
5.1 Goods are forwarded to the address supplied by the customer unless something different was agreed to. For this transaction the delivery address the seller supplies has to be correct. In case of PayPal payment the delivery address given by the customer at the time of payment is relevant.
5.2 If the forwarding agent has to return the goods to the seller because delivery to the customer was not possible, the customer has to bear the costs incurred. This does not apply if the customer is not at fault for the circumstances leading to non-delivery or if he was temporarily unable to receive the goods. This does not apply, however, if the seller has given an adequate prior notification of delivery to the customer before delivery.
5.3 On principle the risk of accidental ruin or accidental impairment of the goods sold is passed over to the customer at the point of handing over the goods to the customer or an authorized person.
If the customer acts as an enterpriser, the risk of accidental ruin or impairment is passed over to the person transporting the goods at the seller’s place of business when selling by dispatch.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or inadequately performed delivery by the supplier. This applies only if the seller is not at fault causing the non-delivery and if he has carried out the business transaction with due care. The seller will undertake every possible effort to obtain the goods. In the case of non-availability or partial availability the customer will immediately be informed and moneys be refunded.
5.5 Collection of goods by the customer is not possible for reasons of logistics.
6) Reservation of Ownership
6.1 Towards the consumer the seller reserves the right to claim ownership on the goods up to such time the full invoice amount for the delivered goods has been settled.
6.2 Towards the enterpriser the seller reserves the right to claim ownership on the delivered goods until all claims resulting from the current business relation have been settled.
6.3 If the customer acts as an enterpriser he is entitled to resell the goods in question in an orderly business manner. The customer transfers to the seller in advance all claims towards third parties resulting out of this business transaction amounting to the sum of the invoice in question including VAT. This transfer of claim is valid irrespectively if the goods re-sold were further processed or not. Even after the transfer of claims the customer is entitled to the collection of debts. The seller’s entitlement to collect the debt himself is unaffected by this. The seller, however, will not collect the debt himself for as long as the customer honors his payment obligations towards the seller, does not delay payments, or does not enter into insolvency proceedings.
7) Warranty
Should the purchased goods be defective, legal regulations apply. Exception to this are objects that have been used for a building construction but which were designed to be used in a different way and thus have caused a damage:
7.1 For the seller
- a minor defect does not generally constitute a claim
- the seller can offer a supplementary performance of his choice
- the status of limitation for defects on new goods is one year from the point of passing on the risk.
- defects on used articles are principally exempt from all rights and claims.
- the limitation of claim is not renewed when a replacement delivery has been made.
7.2 For the consumer the limitation of claim for defects
- of new goods is two years beginning from the day of delivery to the customer
- of used goods is one year beginning from the day of delivery to the customer provided the restriction as outlined in paragraph 7.3 does not apply.
7.3 For both, enterprisers and consumers, apply the aforementioned liabilities and limitation of claims as outlined in paragraph 7.1 and 7.2 provided they are not related to any damage- and reimbursement claims that the customer is entitled to claim under the legal regulations act outlined in paragraph 8.
7.4 In addition the legal limitation of claims for the right of recourse according to § 478 BGB still applies to enterprisers and remains unaffected. Same applies to enterprisers and consumers where a deliberate breach of duty and fraudulent concealment of defects has occured.
7.5 Does the customer act as an enterpriser according to § 1 HGB, he has the duty of inspection, notification, and rejection according to § 377 HGB. Does the customer fail to do so, the goods are considered approved and accepted.
7.6 Does the customer act as a consumer, he is requested to complain about the obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, it has no influence on his statutory or contractual warranty claim.
7.7 Has the supplementary performance in way of a replacement delivery taken place, the customer is obliged to return the originally delivered goods back to the seller on the seller’s account within 30 days. The return of the defective goods has to be effected according to the statutory laws.
8) Liabilities
Towards the customer the seller is liable for all demands to do with contractual, quasi, and legal agreements concerning compensation for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable on all legal grounds
- in the case of intent or gross negligence,
- when life, body, or health is violated by negligence or deliberation,
- due to a warranty bond for as long as nothing else was agreed to,
- when bound to a mandatory liability such as the Product Liability Act.
8.2 If the seller carelessly violates an essential contractual obligation, the liability is limited to the contractually predictable damage unless the seller is fully liable according to paragraph 8.1. Essential contractual obligations are obligations that are imposed on the seller by the contents of the contract which make a proper execution possible in the first place and on its compliance the customer may generally rely on.
8.3 Apart from this a liability on part of the seller is ruled out.
8.4 The seller’s liabilities as mentioned before also extend to his assistants and legal representatives.
9) Release from Liabilities concerning the Violation of Third Party Rights
Is the seller also obliged by contract to process the goods according to the customer’s instructions, the customer has to make sure that the contents of these instructions do not violate any rights of third parties (e.g. copyright or trademark rights). The customer releases the seller from any third party claims where a violation of their rights may have occurred by using the customer’s instructions to fulfill the contract. The customer also bears all appropriate legal defense costs as well as all court and attorney’s fees at the legal rate. This does not apply, however, if the customer is not at fault for the violation of rights. The customer is compelled to submit to the seller immediately, truthfully, and completely all information that is needed for an examination of claims and defense should a third party claim any rights.
10) Applicable Law
For all legal relationships between the parties involved the law of the Federal Republic of Germany is applicable with the exception of the laws concerning the international purchase of movable goods. Consumers are only affected by these rules insofar that the granted protection is not made obsolete by mandatory regulations in the country in which the consumer usually has his place of residence.
„Informationen zur Online-Streitbeilegung: Die EU-Kommission wird im ersten Quartal 2016 eine Internetplattform zur Online- Beilegung von Streitigkeiten (sog. „OS-Plattform“) bereitstellen. Die OS-Plattform soll als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten betreffend vertragliche Verpflichtungen, die aus Online-Kaufverträgen erwachsen, dienen. Die OS-Plattform wird unter folgendem Link erreichbar sein: http://ec.europa.eu/consumers/odr"
Basically customers have the right of withdrawal. For more information on this subject, please see the seller’s cancellation policy.
4) Prices and Terms of Payment
4.1 If not stated otherwise, the prices given by the seller are the final prices including VAT. Information on eventual additional costs for delivery and dispatch are provided separately in the product description.
4.2 In the case of delivery outside the European Union additional charges may occur which are not to be borne by the seller and which have to be paid by the customer. These can, for instance, be charges for money transfers raised by credit institutions (for instance transfer charges, exchange rate charges) or import taxes etc.
4.3 The customer has several payment options at his disposal, all of which are specified on the seller’s online-shop site.
4.4 If advance payment is agreed, the payment has to be affected immediately after conclusion of the contract.
4.5 When selecting the option “delivery on account“, the purchase price due net has to be paid within 14 (fourteen) days on receipt of invoice unless otherwise agreed. The seller reserves the right to carry out a credit check and to refuse this kind of payment in case of negative report.
4.6 When choosing SEPA-payment the invoice amount is payable after issuing a SEPA- debit mandate but not before the deadline for the advance notification has expired. Direct debit takes place after the ordered goods have left the seller’s warehouse but not before the deadline for the advance notification has expired. Advance notification is any kind of information given by the seller to the customer informing him about the debit payment via SEPA (e.g. invoice, policy, contract). Should the debit withdrawal on account of insufficient funds or incorrect banking details not be possible or should the customer unjustifiably object to the debiting, the customer has to bear the banking charges in this respect as far as he is accountable for it.
5) Delivery and Shipping Terms
5.1 Goods are forwarded to the address supplied by the customer unless something different was agreed to. For this transaction the delivery address the seller supplies has to be correct. In case of PayPal payment the delivery address given by the customer at the time of payment is relevant.
5.2 If the forwarding agent has to return the goods to the seller because delivery to the customer was not possible, the customer has to bear the costs incurred. This does not apply if the customer is not at fault for the circumstances leading to non-delivery or if he was temporarily unable to receive the goods. This does not apply, however, if the seller has given an adequate prior notification of delivery to the customer before delivery.
5.3 On principle the risk of accidental ruin or accidental impairment of the goods sold is passed over to the customer at the point of handing over the goods to the customer or an authorized person.
If the customer acts as an enterpriser, the risk of accidental ruin or impairment is passed over to the person transporting the goods at the seller’s place of business when selling by dispatch.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or inadequately performed delivery by the supplier. This applies only if the seller is not at fault causing the non-delivery and if he has carried out the business transaction with due care. The seller will undertake every possible effort to obtain the goods. In the case of non-availability or partial availability the customer will immediately be informed and moneys be refunded.
5.5 Collection of goods by the customer is not possible for reasons of logistics.
6) Reservation of Ownership
6.1 Towards the consumer the seller reserves the right to claim ownership on the goods up to such time the full invoice amount for the delivered goods has been settled.
6.2 Towards the enterpriser the seller reserves the right to claim ownership on the delivered goods until all claims resulting from the current business relation have been settled.
6.3 If the customer acts as an enterpriser he is entitled to resell the goods in question in an orderly business manner. The customer transfers to the seller in advance all claims towards third parties resulting out of this business transaction amounting to the sum of the invoice in question including VAT. This transfer of claim is valid irrespectively if the goods re-sold were further processed or not. Even after the transfer of claims the customer is entitled to the collection of debts. The seller’s entitlement to collect the debt himself is unaffected by this. The seller, however, will not collect the debt himself for as long as the customer honors his payment obligations towards the seller, does not delay payments, or does not enter into insolvency proceedings.
7) Warranty
Should the purchased goods be defective, legal regulations apply. Exception to this are objects that have been used for a building construction but which were designed to be used in a different way and thus have caused a damage:
7.1 For the seller
- a minor defect does not generally constitute a claim
- the seller can offer a supplementary performance of his choice
- the status of limitation for defects on new goods is one year from the point of passing on the risk.
- defects on used articles are principally exempt from all rights and claims.
- the limitation of claim is not renewed when a replacement delivery has been made.
7.2 For the consumer the limitation of claim for defects
- of new goods is two years beginning from the day of delivery to the customer
- of used goods is one year beginning from the day of delivery to the customer provided the restriction as outlined in paragraph 7.3 does not apply.
7.3 For both, enterprisers and consumers, apply the aforementioned liabilities and limitation of claims as outlined in paragraph 7.1 and 7.2 provided they are not related to any damage- and reimbursement claims that the customer is entitled to claim under the legal regulations act outlined in paragraph 8.
7.4 In addition the legal limitation of claims for the right of recourse according to § 478 BGB still applies to enterprisers and remains unaffected. Same applies to enterprisers and consumers where a deliberate breach of duty and fraudulent concealment of defects has occured.
7.5 Does the customer act as an enterpriser according to § 1 HGB, he has the duty of inspection, notification, and rejection according to § 377 HGB. Does the customer fail to do so, the goods are considered approved and accepted.
7.6 Does the customer act as a consumer, he is requested to complain about the obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, it has no influence on his statutory or contractual warranty claim.
7.7 Has the supplementary performance in way of a replacement delivery taken place, the customer is obliged to return the originally delivered goods back to the seller on the seller’s account within 30 days. The return of the defective goods has to be effected according to the statutory laws.
8) Liabilities
Towards the customer the seller is liable for all demands to do with contractual, quasi, and legal agreements concerning compensation for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable on all legal grounds
- in the case of intent or gross negligence,
- when life, body, or health is violated by negligence or deliberation,
- due to a warranty bond for as long as nothing else was agreed to,
- when bound to a mandatory liability such as the Product Liability Act.
8.2 If the seller carelessly violates an essential contractual obligation, the liability is limited to the contractually predictable damage unless the seller is fully liable according to paragraph 8.1. Essential contractual obligations are obligations that are imposed on the seller by the contents of the contract which make a proper execution possible in the first place and on its compliance the customer may generally rely on.
8.3 Apart from this a liability on part of the seller is ruled out.
8.4 The seller’s liabilities as mentioned before also extend to his assistants and legal representatives.
9) Release from Liabilities concerning the Violation of Third Party Rights
Is the seller also obliged by contract to process the goods according to the customer’s instructions, the customer has to make sure that the contents of these instructions do not violate any rights of third parties (e.g. copyright or trademark rights). The customer releases the seller from any third party claims where a violation of their rights may have occurred by using the customer’s instructions to fulfill the contract. The customer also bears all appropriate legal defense costs as well as all court and attorney’s fees at the legal rate. This does not apply, however, if the customer is not at fault for the violation of rights. The customer is compelled to submit to the seller immediately, truthfully, and completely all information that is needed for an examination of claims and defense should a third party claim any rights.
10) Applicable Law
For all legal relationships between the parties involved the law of the Federal Republic of Germany is applicable with the exception of the laws concerning the international purchase of movable goods. Consumers are only affected by these rules insofar that the granted protection is not made obsolete by mandatory regulations in the country in which the consumer usually has his place of residence.
„Informationen zur Online-Streitbeilegung: Die EU-Kommission wird im ersten Quartal 2016 eine Internetplattform zur Online- Beilegung von Streitigkeiten (sog. „OS-Plattform“) bereitstellen. Die OS-Plattform soll als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten betreffend vertragliche Verpflichtungen, die aus Online-Kaufverträgen erwachsen, dienen. Die OS-Plattform wird unter folgendem Link erreichbar sein: http://ec.europa.eu/consumers/odr"