General terms and conditions with customer information

  1. Table of Contents
  2. scope
  3. Conclusion of contract
  4. Right of withdrawal
  5. Prices and terms of payment
  6. Delivery and shipping conditions
  7. Retention of title
  8. Liability for defects (warranty)
  9. Redemption of campaign vouchers
  10. Redeeming gift vouchers
  11. Applicable Law
  12. Alternative dispute resolution

 

  1. Scope

    1. These general terms and conditions (hereinafter “GTC”) of Jenny Böhm (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller in his online -Shop completes the goods shown. The inclusion of the customer’s own conditions is hereby contradicted unless otherwise agreed.
    2. These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
    3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
  2. Conclusion of contract

    1. The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller but serve to submit a binding offer by the customer.
    2. The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
    3. The seller can accept the customer’s offer within five days,
      – by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
      – by delivering the ordered goods to the customer, whereby the customer’s receipt of the goods is decisive, or
      – by asking the customer to pay after placing his order.
      If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
    4. If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / user agreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer clicks the button to complete the ordering process.
    5. When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax, or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
    6. Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
    7. The German and English languages are available for the conclusion of the contract.
    8. Orders are processed and contact is usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
    9. When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age. The seller uses an age verification system to ensure that the customer has reached the legally required minimum age. The goods are therefore only handed over if the age has been successfully checked and the customer has been authenticated beforehand.
  3. Right of withdrawal

    1. Consumers generally have a right to withdraw.
    2. Further information on the right of cancellation can be found in the seller’s cancellation policy.

  4. Prices and terms of payment

    1. Unless otherwise stated in the seller’s product description, the prices given are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
    2. The payment option (s) will be communicated to the customer in the seller’s online shop.
    3. If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
    4. If the payment method “SOFORT” is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify himself accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterward by “SOFORT” and the customer’s bank account is debited. The customer can call up more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/
  5. Delivery and shipping conditions

    1. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
    2. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
    3. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
    4. Pickup is not possible for logistical reasons.
    5. Vouchers are given to the customer as follows:
      – by email
      – by post

  6. Retention of title

    If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

  7. Liability for defects (warranty)

    1. If the purchased item is defective, the provisions of statutory liability for defects apply.
    2. Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
      – for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
      – for claims for damages and reimbursement of expenses by the customer, as well as
      – in the event that the seller has fraudulently concealed the defect.
    3. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

  8. Redemption of campaign vouchers

    1. Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
    2. Promotion vouchers can only be redeemed by consumers.
    3. Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the campaign voucher.
    4. Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
    5. Only one campaign voucher can be redeemed per order.
    6. The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
    7. If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
    8. The credit of a campaign voucher is neither paid out in cash nor is interest paid.
    9. The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
    10. The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

  9. Redeeming gift vouchers

    1. Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop unless otherwise stated in the voucher.
    2. Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. The remaining credit will be credited to the customer until the expiry date.
    3. Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
    4. Several gift vouchers can be redeemed for one order.
    5. Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
    6. If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
    7. The balance of a gift voucher is neither paid out in cash nor is interest paid.
    8. The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

  10. Applicable Law

    The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
  11. Alternative dispute resolution

    1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
      This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts in which a consumer is involved.
    2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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