GENERAL TERMS AND CONDITIONS
§ 1 Scope and provider
(1) These terms and conditions apply to all orders placed with the online store of Gadorosi & Schmidt GbR, Kriegsbergstr. 28, 70174 Stuttgart, Germany.
(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) Contractual language is exclusively German.
(5) You can retrieve and print the currently valid General Terms and Conditions on the website www.natigabynatalie.com/agb.
§ 2 Conclusion of contract
(1)The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2)By clicking on the button “Buy” you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) Only by activating the content or providing a link, the contract is concluded.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components.
§ 4 Terms of payment
(1) The payment is made by Paypal.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to hedge our credit risk only prepayment.
(3) If you pay by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account takes place at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Right of set-off/retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the delivery of the goods is made by providing a link. This link can be activated by you and starts the download to the storage medium selected by you.
(2) It is the responsibility of the customer to provide suitable software that allows proper opening, editing and printing of the files and content.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of cancellation in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must contact us Company: Gadorosi & Schmidt GbR Address: Kriegsbergstr. 28, 70174 Stuttgart E-mail: email@example.com by means of a clear statement (for example, a letter sent by mail or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.You bear the direct cost of returning the goods.You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form:
If you wish to revoke the contract, please complete and return this form.
Gadorosi & Schmidt GbR Kriegsbergstr. 28, 70174 Germany E-mail: firstname.lastname@example.org
I/we ___________________ hereby revoke the contract concluded by me/us __________________ for the purchase of the following goods______________________:Ordered on _______________received on ____________. Name of consumer(s):_________________________ Address of consumer(s):___________________________________________________
Signature of the consumer(s) _______________________________ Date___________________ End of the revocation policy
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or to the delivery of sound or video recordings or computer software or files.
(2) Pursuant to Section 356 (5) of the German Civil Code, a right of withdrawal shall expire in the case of a contract for the supply of digital content not on a physical medium if the Entrepreneur has commenced performance of the contract after the Consumer has expressly consented to the Entrepreneur commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon commencement of performance of the contract.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the law on sales (§ 433 et seq. BGB).
(2) If you are a consumer in the sense of § 13 BGB, the liability period for warranty claims for used goods is, in deviation from the statutory provisions, one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
(4) If you are an entrepreneur in the sense of § 14 BGB, the statutory provisions shall apply with the following modifications:-Only our own specifications and the manufacturer’s product description shall be binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the duty to inspect and notify defects. In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not be obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, insofar as the transport does not correspond to the intended use of the goods. If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract. The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability:We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Copyrights and Rights of Use
(1)All digital content provided by the Seller is protected by copyright.
(2) The customer acquires a temporally unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer is not granted any exploitation rights. In particular, he may not distribute the acquired titles, either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that are exclusively for the user’s own use.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The Seller is entitled to individually personalize digital content made available for download with visible and invisible markings to enable the identification and legal prosecution of the original purchaser in the event of improper use.
(6) In the event of unauthorized use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
§ 12 Alternative Dispute Resolution The EU Commission has provided a platform for out-of-court dispute resolution. Consumers this gives the opportunity to resolve disputes in connection with your online order first without the intervention of a court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/erreichbar.Wir are committed to resolving any disagreements arising from our contract amicably. In addition, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 13 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Saleof Goods (CISG, “UN Sales Convention”).Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. Status: January 2022
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, email@example.com Chausseestraße 13, 10115 Berlin, Germany, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4