General terms and conditions (GTC) and consumer information

Status: 06/2018 General terms and conditions and

Consumer information within the framework of sales contracts, which are concluded via the online shop between - hereinafter referred to as "seller" - and the customer - hereinafter "customer".

§ 1 Scope and general information (1)

Subject to individual agreements and agreements that have priority before these terms and conditions, only the following general terms and conditions apply to the business relationship between the seller and the customer. Unless otherwise agreed, the involvement of the customer's own conditions is objected to. The customer is a consumer, insofar as he concludes the contract for purposes, which can mostly be attributed to his commercial nor his independent professional activity. In contrast, entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

§ 2 Contract conclusion

(1) The contract comes with:
Tanja Cerro
Balkenbornstrasse 37
31311 Uetze

(2) The essential features of the goods result from the product description set by the seller.

(3) All offers in the seller's online shop only represent a non -binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be confirmed by the seller of his order with the seller, usually by email (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:

(4) The customer can select products from the seller's range and collect them in a so -called shopping cart using the "In the Korb" button. By clicking on the "Cart" button, the customer receives an overview of the selected products. Via the "Buy now" button, he submits a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time by the browser functions "Back" and "further" shown as arrow keys. The application can only be submitted and transmitted if the customer accepts these contractual terms by clicking on the "Accept AGB" button and thereby accepted in his application. The seller then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and which the customer can print out using the "Printing" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract only comes about by submitting the declaration of acceptance by the seller, which is sent with a separate email.

§ 3 Contract object, quality, delivery, availability of goods

(1) Contractual object are the goods and/or order confirmation specified by the customer and/or order confirmation as part of the order and services for the final prices mentioned in the online shop. Errors and errors there are reserved, especially as far as the availability of goods concerns.

(2) The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may only reproduce the products inaccurately; In particular, colors can differ significantly for technical reasons. Images only serve as visual material and can deviate from the product. Technical data, weight, measure and service description are given as precisely as possible, but can have the usual deviations. The properties described here are not defects in the products supplied by the seller.

(3) If the customer is not available at the time of the customer's order, the seller informs the customer in the order confirmation. If the product is not permanently available, the seller refrains from declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily not available, the seller also informs the customer immediately in the order confirmation. With a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the seller is also entitled to remove from the contract. Here he will immediately reimburse the customer's payments made.

§ 4 delivery, prices, shipping costs

(1) Delivery to the shipping company takes place at the latest 3 - 5 days after receipt of the money. The delivery time is up to seven days. The seller points to any different delivery times on the respective product page.

(2) The delivery is only carried out within the EU.

(3) All article prices contain the statutory VAT.
The prices specified are final sales prices plus shipping costs.
The customer receives an invoice showing VAT.

§ 5 Payment
Payment is made via PayPal, credit card, Klarna, Apple Pay or Google Pay.

§ 6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is asked to complain about these errors immediately with the deliverer and contact the seller as quickly as possible.

(2) The failure of a complaint or contact has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or transport insurance.

§ 7 Sach defenders

(1) The provider is liable for material defects in accordance with the legal regulations applicable for this, in particular §§ 434 ff BGB.

(2) There is only a guarantee for the goods delivered by the provider if it was expressly submitted to the respective article in the order confirmation.

(3) You can submit complaints and liability claims under the address given in the provider identification

§ 8 Reference to Reference

The delivered goods remain owned by the seller until full payment.

§ 9 liability

The legal regulations apply.

§ 10 Contract text

The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions in his customer account at any time. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data is no longer accessible via the Internet for safety reasons

§ 11 final provisions

(1) The contractual language is German. 

2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of mobile goods. This choice of law only applies to consumers if the protection granted by mandatory provisions of the right of the state of the usual residence of the consumer is not withdrawn from the customer.

(3) 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 from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual residence at the time of the complaint is not known.

Source: Attorney Metzler - lawyer for competition law, trademark law and copyright