General Terms and Conditions

 Contractual terms within the framework of purchase contracts concluded via the platform between:

Achim Viderci, Owner: Benjamin Knabe, Kamenzer Straße 7, 01099 Dresden, +49 175 885 072 21 / achimviderci.contact {at} gmail {dot} com, Tax number: 202/240/18232

hereinafter referred to as "Provider"
and
the customer referred to in §2 of the contract
hereinafter referred to as "Customer"

 

§ 1 Scope, Definitions

(1) For the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions in their valid version at the time of order placement apply exclusively. Deviating general terms and conditions of the purchaser will not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or legal partnership that acts in the exercise of their commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of Contract

(1) The product descriptions contained in the seller's online shop do not represent binding offers by the seller, but serve to submit a binding offer by the customer.

(2) The customer can select products, especially clothing and accessories, from the range of the provider and collect them in a so-called shopping cart by clicking the "Add to Cart" button. Depending on the choice of the payment methods listed below, the customer goes through an electronic ordering process, at the end of which the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept T&C" button, thereby incorporating them into their application.

(2.1) PayPal: If one of the payment methods offered by PayPal is selected, the payment processing is carried out 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

(3) The provider then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email, the contract text (consisting of the order, T&C, and order confirmation) is sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text is stored while maintaining data protection.

(3) The contract is concluded in German.

§ 3 Delivery, Product Availability

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that payment of the purchase price has been made in advance. If no or no different delivery time is specified for the respective product in our online shop, it is 5 - 8 working days.

(2) If there are no copies of the product selected by the customer available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation at the latest. If the product is permanently unavailable, the provider refrains from making a declaration of acceptance. In this case, no contract is concluded.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their usual place of residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.

§ 4 Retention of Title

Until full payment has been made, the delivered goods remain the property of the provider.

§ 5 Prices and Shipping Costs

(1) All prices resulting from the conclusion of the contract are displayed on the respective order form.

(2) The corresponding shipping costs are indicated to the customer on the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.

(3) The goods are shipped by postal delivery. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a withdrawal, the customer must bear the direct costs of returning the goods.

§ 6 Payment Methods

(1) The customer can pay via PayPal or credit card. The details of the payment methods result from § 2 para. 2 ff. of these T&Cs.

(2) The customer can change the payment method stored in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract.

In the invoice: If nothing else was contractually agreed, you are in default of payment 30 days after the due date and receipt of this invoice in accordance with § 286 para. 3 BGB. The default interest amounts to 5% above the base rate if you, as a private consumer, have used services from us. If you are an entrepreneur, the interest rate is 9% above the base rate in accordance with §288 para. 1 and 2 BGB.

(4) The customer's obligation to pay default interest does not preclude the assertion of further default damages by the provider.

§ 7 Warranty, Guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§434 et seq. BGB. The warranty period for goods delivered by the provider to entrepreneurs is 12 months.

(2) An additional guarantee exists for goods delivered by the provider only if this has been expressly given in the order confirmation for the respective item.

§ 8 Liability

(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer resulting from injury to life, body, health, or from the breach of essential contractual obligations (cardinal duties) as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the typically foreseeable damage if such damage was caused simply negligently, unless it concerns claims for damages by the customer arising from injury to life, body or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).

Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Achim Viderci / Inh. Benjamin Knabe / Kamenzer Straße 7, 01099 Dresden / achimviderci.contact@gmail.com / 017588507221) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You may use the attached model withdrawal form, but it is not obligatory.   You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [https://shopify.com/72927019334/account ]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Further Information:

a) Upon receipt and examination of the returned products by us, you will receive a refund of the purchase price.

(2) The provider informs about the model withdrawal form as follows in accordance with the statutory regulations:

 

Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and return it.) — To [insert name, address, and, if available, fax number and email address of the entrepreneur]: — I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) — Ordered on (*)/received on (*)  — Name of consumer(s)  — Address of consumer(s)  — Signature of consumer(s) (only if this form is notified on paper)  — Date (*) Delete as appropriate.

§ 10 Final Provisions

(1) Contracts between the provider and customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of choice of law and the applicability of mandatory laws, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

(2) 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 arising from contractual relationships between the customer and the provider shall be the provider's place of business.

(3) Even if individual provisions of this contract are invalid, the remaining parts of the contract shall remain binding. In place of the ineffective provisions, the statutory provisions shall apply, provided that this does not represent an unreasonable hardship for one of the contracting parties.

(4) Information on out-of-court dispute resolution:

The European Commission provides a platform for online dispute resolution (OS) which can be found at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.