General Terms and Conditions
These terms and conditions apply to all contracts concluded between
not the girl who misses much
Managing directors:
sabine schumacher
anke rabba
wohlwillstraße 20
20359 hamburg
(hereinafter referred to as “Provider” or “we”) and our customers (hereinafter referred to as “Customer” or “you”) are concluded exclusively using means of distance communication (e.g. via the Internet or by telephone) in our online shop. For contracts that we conclude in our offline shop (retail shop), the terms and conditions included there apply.
Scope of application, definitions
For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby rejected.
The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
Conclusion of contract
The customer can select products from our range and collect them in a so-called shopping basket using the “add to basket” button. The customer submits a binding request to purchase the goods in the shopping basket by clicking on the “Order with obligation to pay” button.
Before submitting the order, the customer can change and view the data entered at any time and correct input errors. However, the customer’s application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and thereby included them in his application.
The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application.
The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail. The issue of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract shall be concluded with the event that occurs first. In any case, the customer shall receive a contract confirmation in text form in accordance with the statutory provisions.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he is no longer bound by his order. In this case, we shall immediately reimburse the customer for any services already rendered.
The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the respective items offered, but not to any accessories or decorations shown.
If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the goods ordered because our supplier fails to fulfil its contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of cancellation shall only apply if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we shall inform the customer immediately that the ordered goods are not available. We will immediately refund any payments already made by the customer.
The contract language is German.
Order processing and contact in the context of contract processing are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related e-mails.
If a delivery time is specified in our offers, this delivery time and the information provided in each case for calculating the delivery time shall take precedence. If no or no deviating delivery time is specified for the respective goods in our online shop, the delivery time is 7 days. This delivery period shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
Retention of title
The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled from this have been settled.
Prices and shipping costs and returns
Our prices include the applicable statutory VAT and do not include shipping costs.
The relevant shipping costs shall be specified to the customer prior to conclusion of the contract and shall be borne by the customer, unless delivery free of shipping costs has been agreed. The customer shall bear the costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functionality of the goods. (By “testing the properties and functionality” we mean testing and trying out the respective goods, as is possible and customary in a shop, for example).
Payment
The customer can make the payment according to the payment methods provided in the respective offer. Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides otherwise. The customer must ensure that sufficient funds are available in the account. In the event of returned direct debits caused by insufficient funds, the customer shall be obliged to reimburse us for the resulting loss.
The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default. The customer shall only be entitled to offset if his counterclaims are recognised by us or have been legally established or if the counterclaims arise from the same contractual relationship. The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Transfer of risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall only pass to the customer upon delivery of the object of purchase to the customer in accordance with the law. The following applies only if the customer is acting as an entrepreneur: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by despatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is in default of acceptance, fails to co-operate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).
Warranty for material defects, guarantee
Claims for defects relating to used goods supplied by us shall become time-barred one year after delivery to the customer. The limitation period for claims for defects against entrepreneurs for goods delivered by us is 1 year and the limitation period does not begin again if a replacement delivery is made as part of the liability for defects. We shall otherwise be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
Our liability pursuant to § 8 of these GTC, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see § 8 below), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the limitations of the above paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability for fraudulent concealment of a defect shall also remain unaffected.
Claims for defects by merchants presuppose that they have fulfilled their statutory inspection and complaint obligations (§§ 377, 381 HGB).
A guarantee of quality or durability (§ 443 BGB) on our part only exists for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer’s warranties shall remain unaffected.
You can submit any complaints and warranty claims to the address given in the supplier identification.
Liability
Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health. The restrictions of the above paragraph 1 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them and also mutatis mutandis for claims for reimbursement of expenses. The provisions of the Product Liability Act and our liability for any guarantees assumed shall remain unaffected.
Right of cancellation
Consumers have a statutory right of cancellation. You will receive cancellation instructions separately in text form in accordance with the statutory provisions.
Contract text
The text of the contract is not saved by us and can no longer be retrieved after the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and receives a contract confirmation in accordance with the statutory provisions.
Out-of-court dispute resolution/consumer dispute resolution
The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can find the platform at http://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Final provisions
The law of the Federal Republic of Germany shall apply to the contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers insofar as the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The ineffective points shall be replaced by the statutory provisions, if available. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.
The contents of our Internet pages are largely protected by copyright or other ancillary copyrights. With the exception of caching (temporary storage for the purpose of display in the Internet browser), the copying, downloading, dissemination, distribution and storage of this content is not permitted when visiting our Internet pages without the consent of the respective rights holder. An exception applies to content that is expressly intended for downloading. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, distribution, making available to the public or other utilisation requires the consent of the respective authorised party.
Stand: 31.01.2017