1. Scope of Application
1.1 The following General Terms and Conditions in their valid version at the time of ordering shall exclusively apply to the business relationship between ANNA V BERG, owner: Stefany vom Berg, Droste-zu-Vischering-Weg 14, 59227 Ahlen and the customer.
1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 a.m. to 6:00 p.m. by email at firstname.lastname@example.org.
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but a request to submit an order. Descriptions of services in catalogs as well as on the seller's websites do not have the character of a warranty or guarantee. All offers are subject to change and non-binding, unless otherwise indicated for the products. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button. Within the shopping cart, the product selection can be changed, e.g., deleted. Then the customer can proceed to complete the ordering process within the shopping cart by clicking the button "Proceed to Checkout."
3.2. By clicking the button "Buy Now," the customer submits a binding offer to purchase the goods in the shopping cart after selecting the method of payment and reviewing all data. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "Back" or cancel the ordering process altogether. Mandatory information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic acknowledgement of receipt by email, which lists the customer's order again and can be printed out by the customer using the "Print" function (Order Confirmation). The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches, hands over, or confirms the dispatch of the ordered product to the customer within 2 days by a second email, explicit order confirmation, or sending the invoice.
3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation, despite a renewed request, the seller shall withdraw from the contract with the result that the order is void, and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Therefore, reservation of the item in the case of prepayment is valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the prices indicated, the seller may charge shipping costs for the delivery. The shipping costs will be communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If payment in advance has been agreed upon, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails despite three attempts due to the buyer's fault, the seller may withdraw from the contract. Any payments made will be refunded to the customer promptly.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier, without any fault on the part of the seller, the seller may withdraw from the contract. In this case, the seller will inform the customer promptly and may propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to specific countries) on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose from the available payment methods within the scope of and prior to completing the ordering process. Customers will be informed about the available payment options on a separate information page.
6.2. If payment by invoice is possible, the payment must be made within 30 days after receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, such as PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the customer will be in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from claiming further damages caused by the delay.
6.6. The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if their claims arise from the same contractual relationship.
7. Retention of Title
Until full payment is received, the delivered goods remain the property of the seller.
8. Warranty and Guarantees
8.1. Warranty claims are governed by statutory provisions.
8.2. Guarantees for goods supplied by the seller are only applicable if expressly provided. Customers will be informed about the guarantee conditions before initiating the ordering process.
9.1. Without prejudice to other statutory prerequisites for claims, the following exclusions and limitations of liability shall apply to the Seller's liability for damages.
9.2. The Seller shall be liable without limitation in cases where the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract and on which the Customer regularly relies. In such cases, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in cases of injury to life, body, and health, defects after assuming a guarantee for the quality of the product, or fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and agents.
10. Storage of the Contract Text
10.1. Prior to submitting the order to the Seller, the Customer may print out the contract text by using the print function of the browser in the final step of the order process.
10.2. Furthermore, the Seller shall send the Customer an order confirmation containing all order details to the email address provided by the Customer. Along with the order confirmation, but no later than upon delivery of the goods, the Customer will also receive a copy of the Terms and Conditions, including the cancellation policy, as well as information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Additionally, we store the contract text, but it is not accessible on the internet.
11. Final Provisions
11.1. The place of jurisdiction and performance is the Seller's registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The language of the contract is German.
11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board