Conditions of Use
General Terms and Conditions and Consumer Information
(1) The following terms and conditions apply for all contracts between Caroline Kroesen, Uhlandstr. 41, 50931 Cologne, Germany - hereinafter named Vendor - and the customer, which are concluded over the Vendor's online shop. Insofar as otherwise is not agreed, the integration of the customer's own conditions is rejected.
(2) For purposes of the following regulations, consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activities. A businessperson is any natural or legal person, or a legally competent partnership which acts in the exercise of its self-employed trade or commercial activity upon conclusion of a legal transaction.
(3) The contract language is German. The text of the contract will be stored by the Vendor. The storing is however limited, and the customer must therefore arrange for a printout or a separate storing.
§ 2 Subject of the Contract
The sale of goods is the subject of the contract. The details, in particular the substantial characteristics of the goods are found in the article description and the supplemental statement on the internet site of the Vendor.
§ 3 Conclusion of the Contract
(1) The product offer of the Vendor on the internet site does not represent a binding offer for conclusion of a purchase contract, but instead an invitation to make an order (purchase offer of the customer).
(2) The customer can deliver its purchase offer via email. With purchase over the online order form, the goods intended to be purchased are stored in the "shopping basket" Using the appropriate button on the navigation bar, the customer can retrieve the "shopping basket" at make changes thereto at any time. After accessing the "checkout" page and the entry of personal data as well as the payment and shipping conditions, all order data will be once again conclusively displayed. Before dispatch of the order the customer has the possibility to check all information once more, to change (also by use of the "Back" function of the internet browser), or to cancel the purchase. With the dispatch of the order via the corresponding button, the customer makes a binding offer to the Vendor.
The customer initially receives an automatic email on the entry of its order, which does not yet lead to contract conclusion.
(3) The use of permitted immediate payment modes by the customer does not yet lead to conclusion of a contract despite payment of purchase price or charges. In any case, the acceptance of the offer (and thereby the contract conclusion) occurs by confirmation in text form (e.g. email), in which the processing of the order or the delivery of the goods is confirmed to the customer, or by the shipment of the good
If the customer has not received an order confirmation or a notification of delivery or goods within 5 days, then he is no longer bound to his order. In this case, performances already possibly performed will be immediately returned.
§ 4 Prices, Shipping Costs
(1) The price listed in the respective offer as well as the shipping costs, represent the final price. They contain all price components including all applicable taxes.
If the delivery takes place to a non-EU foreign country, additional customs, taxes or fees may be payable by the customer; however not to the Vendor but instead to the responsible customs or tax officials there. The customer is advised to inquire with the customs and tax officials about the details before the order.
(2) The incidental shipping costs are not contained in the purchase price. They are retrievable over the site "Payment and Shipping", will be shown during the order process, and are to be additionally borne by the customer insofar as delivery free of shipping costs is not promised.
(3) According to § 19 UStG (Turnover Tax Act), the value-added taxes will not be shown in the invoice.
§ 5 Payment and Shipping Conditions
(1) The conditions for payment and shipping are found under the navigation buttons of the same names.
(2) Insofar as otherwise is not agreed for the individual payment type, the payment claims from the concluded contract are immediately due.
(3) If a product ordered by the customer contrary to expectation, not be available despite timely completion of an adequate coverage transaction, due to reasons for which the Vendor is not responsible, the customer will be informed immediately of the non-availability, and in the case of a rescission, a refund shall be promptly issued for payments already made.
(4) Insofar as the customer is a consumer, the risk of incidental loss and incidental deterioration during the shipment of the thing sold, passes to the customer only upon the handover of the good, regardless of whether the shipment occurs insured or unisured.
§ 6 Return Costs upon exercise of the Right of Rescission
In the case of the exercise of the applicable right of rescission for consumers for distance-selling contracts, it is agreed that the customer is responsible for the regular costs of the return shipping if the price of the thing to be returned does not exceed an amount of 40 euros, or for things of a higher price, if the customer has not yet effected the consideration or a contractually agreed partial payment by the point in time of the rescission; unless the good delivered is not the good which was ordered. In all other cases, the Vendor bears the costs of the return.
§ 7 Right of Retention, Title Retention
(1) A right of retention can be exercised by the customer only as regards claims from the same contractual relationship.
(2) Until the complete payment of the purchase price, title to the goods shall remain with the Vendor.
§ 8 Warranty
(1) The statutory regulations apply.
(2) As a consumer, the customer is requested to promptly check the goods upon delivery for completeness, obvious defects and transportation damages, and to notify the Vendor and the transporter as soon as possible of complaints. If the customer does not comply with this, such will not affect the statutory warranty claims.
§ 9 Liability
(1) Insofar as the Vendor conceals a defect or takes over a guaranty for the quality of the purchase object, it is unlimitedly liable for damages from the injury to life, limb, or health in all cases of intent and gross negligence, for damages under the Products Liability Act, or as far as otherwise mandatorily prescribed by statute.
(2) Regarding essential duties from the contract, the breach of which jeopardizes the achievement of the contract purpose, the liability of the Vendor is restricted for slight negligence to typical and foreseeable damage.
(3) For the breach of unessential contract duties, the liability for slight negligence breach of duties is excluded.
(4) According to the state of technology, the data communication over the internet can at this time not be guaranteed to be error-free and/or always available. In this respect, the Vendor is liable neither for the constant or uninterrupted availability, nor the improper functioning of the website.
§ 10 Choice of Law, Place of Fulfilment, Jurisdiction
(1) German law applies to the exclusion of the UN Convention on the International Sale of Goods. This choice of law applies for consumers only to the extent that in so applying, the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (favourability principle).
(2) Place of fulfilment for all performances from the existing business relationship with the Vendor as well as jurisdiction, are the domicile of the Vendor insofar as the customer is not a consumer, but instead a merchant, a legal entity under public law or a separate asset under public law. The same applies if the customer does not have general jurisdiction in Germany or the EU, or the domicile or usual residence is not known at the time of the filing of the complaint. The power to call upon the court in another statutory jurisdiction remains unaffected by this.
