GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Redemption of campaign vouchers
7. Retention of Title
8. Liability for defects
9. Indemnification in case of violation of third party rights
10. Applicable Law
11. Information on online dispute resolution
1. Scope
1.1 These general terms and conditions (hereinafter referred to as "GTC") of "Bella von Einsiedel" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller on the terms of the seller in closes the goods offered in his online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer submits a binding offer to purchase the goods in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
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 represents a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The contract text of the contract concluded between the seller and the customer is saved by the seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text can no longer be viewed online by the customer.
2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.6 The contract language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Right of withdrawal
3.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2 The seller's cancellation policy applies to the right of cancellation.
3.3 Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract have no right of withdrawal.
4. Prices and terms of payment
4.1 The prices shown are final prices, unless otherwise agreed.
The seller is a small business owner within the meaning of Section 19 (1) UStG and therefore does not show sales tax.
If there are additional shipping costs, this can be found in the product description.
4.2 If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
4.3 The customer can choose the payment methods that are available in the online shop.
4.4 In the case of advance payment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.
4.5 When paying by "PayPal", the payment is processed via PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5. Delivery and shipping conditions
5.1 The delivery of goods by dispatch takes place to the delivery address given by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
5.3 If the customer has agreed to pick up the goods himself, he will be informed by the seller that the goods he has ordered are ready to be picked up. After receiving this e-mail, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
6. Redemption of campaign vouchers
6.1 Vouchers which the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and which the customer cannot purchase ("promotion vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
6.2 Promotion vouchers can only be redeemed by consumers.
6.3 Individual products can be excluded from the voucher campaign.
The specific restrictions can be found in the campaign voucher.
6.4 Promotion vouchers can only be redeemed before the order process has been completed. There is no subsequent billing.
6.5 Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
6.6 The value of the goods in each order must at least equal the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
6.7 If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
6.8 The credit of a campaign voucher is neither paid out nor interest.
6.9 The campaign voucher will also 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.
6.10 Campaign vouchers are generally transferable.
The seller can deliver with a discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner.
7. Retention of Title
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
8. Liability for defects
8.1 With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
8.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. Failure to comply has no effect on the customer's statutory or contractual claims for defects.
9. Indemnification in case of violation of third party rights
If, in accordance with the contract, the seller owes the customer not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer exempts the seller from third party claims in this context, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense including all court and lawyer fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to immediately, completely and truthfully provide the seller with all information that is necessary for the examination of the claims and a defense.
10. Applicable Law
10.1 The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of the conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11. Information on online dispute resolution
11.1 The EU Commission's online dispute resolution platform can be found on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.