TERMS AND CONDITIONS
Allgemeine Geschäftsbedingungen der Firma CANELA
Allgemeine Geschäftsbedingungen
Im Folgenden werden die Vertragsbedingungen im Rahmen von Kaufverträgen geregelt, die über diesen Onlineshop zwischen Esther Ramos Rodriguez, Kopischstr. 3, 10965 Berlin - und dem jeweiligen Käufer geschlossen werden.
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§ 1 Geltungsbereich, Begriffsbestimmungen
1. Für die Geschäftsbeziehung zwischen dem Webshop-Verkäufer (nachfolgend „Verkäufer“) und dem Käufer (nachfolgend „Kunde“) gelten die nachfolgenden Allgemeinen Geschäftsbedingungen in ihrer zum Zeitpunkt der Bestellung gültigen Fassung. Abweichende Bedingungen des Bestellers werden nicht anerkannt, es sei denn, der Verkäufer stimmt ihrer Geltung ausdrücklich zu.
2. Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbstständigen beruflichen Tätigkeit zugerechnet werden können, § 13 BGB. Dagegen ist Unternehmer jede natürliche oder juristische Person oder rechtsfähige Personengesellschaft, die bei Abschluss eines Rechtsgeschäfts in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit handelt, § 14 BGB.
§ 2 Conclusion of contract
Insofar as the following refers to goods, this also includes digital products (digital content or digital services) and goods with digital elements, if offered:
1. the presentation of the goods in the online shop does not constitute a legally binding offer, but only an invitation to the customer to submit an offer.
The customer can select goods from the seller's range and collect them in a so-called shopping basket using the button relating to the shopping basket. By clicking the button required to conclude the purchase contract, the customer submits a binding request to purchase the goods in the shopping basket. The customer can change and view the data at any time before submitting the order. The customer can return to the page on which their data was entered at any time before placing a binding order by pressing the ‘Back’ button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the Internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
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2. the seller 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 seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate email (order confirmation).
If the customer has selected a payment method with immediate payment (e.g. PayPal / PayPal Plus / PayPal Express, Amazon-Payments, Sofortüberweisung), the contract is concluded at the time of confirmation of the payment instruction by the customer. If the customer has selected the prepayment payment method, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller's declaration of acceptance. We accept your offer with this request for payment.
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3. together with the e-mail (order confirmation) or in a separate e-mail, but at the latest upon delivery of the goods, the customer will be sent the contract text and any warranty conditions on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations. The customer can also view the seller's current GTC at any time at https://www.handfaechercanela.com/agbs. Past orders can be viewed in the customer area under In automatic confirmation of receipt.
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§ 3 Production of goods according to customer specifications
1. the customer shall provide the seller with all necessary content, such as images, texts and files in the specified format, for the production of goods that are to be produced according to certain specifications of the customer.
2. the customer shall grant the seller the necessary rights of use for this purpose.
3. the customer undertakes to transmit only such data as he is authorised to use and the use of which does not infringe the rights of third parties. The seller shall be indemnified by the customer against any claims by third parties and all legal costs incurred in this respect.
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§ 4 Start of delivery period, delivery
1. the period for delivery begins with payment in advance on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry 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.
2 Delivery shall be made to the delivery address specified by the customer.
The following applies to consumers:
3a. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice.
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The following applies to entrepreneurs
3b. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice.
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§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
1. the prices stated on the seller's website are exclusive or inclusive of the applicable statutory value added tax.
2. shipping and delivery costs incurred are shown during the ordering process and - unless otherwise stated - are to be borne by the customer.
The following applies to consumers:
3a. The goods are dispatched by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
The following applies to entrepreneurs:
3b. The goods shall be dispatched by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
4 In the case of despatch to a country outside the European Union, further costs, such as customs duties or taxes, may be incurred. These are to be borne by the customer and are not paid to the seller but directly to the responsible organisation. This also applies to the return of the goods in the event of cancellation.
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§ 7 Payment modalities
1. during the ordering process, the customer is shown the payment options available. These may be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. The customer receives further information during the order process. The seller can determine the available payment options at his own discretion.
2. payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
The following applies to consumers:
2a. Point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay the seller default interest in the amount of 5 percentage points above the respective base interest rate. In the event of a no-show/non-payment, the customer shall pay the seller a subsequent reminder fee of € 3.00 for reactivating the order or placing a new order at a later date.
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The following applies to entrepreneurs:
2b. In the event of default, the customer shall pay the seller default interest in the amount of 9 percentage points above the base interest rate. In the event of a no-show/non-payment, the customer shall pay the seller a subsequent reminder fee of €20.00 for reactivating the order or placing a new order at a later date.
3. the customer's obligation to pay interest on arrears does not exclude the assertion of further damages caused by default by the seller.
4. promotional vouchers are issued free of charge and only have a limited period of validity. The customer can find this on the respective voucher. The voucher can only be redeemed in the seller's online store during this period and only for the goods included in the promotion. No cash payment will be made. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. It is not possible to offset the voucher subsequently. The voucher is not personal and is therefore transferable. The voucher will be made available to the customer as contractually agreed, e.g. by means of downloads
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Payment options
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Dear customer,
In principle, the following payment options are available to you for payment of your order:
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Payment in advance
After receiving the order confirmation and the invoice number contained therein, you can pay for your order in advance. As soon as the purchase price has been credited to our account, the goods will be dispatched to you.
Payment via PayPal
The PayPal payment method allows you to pay securely, easily and quickly in online stores. The purchase amount is immediately transferred to our bank account. This means you receive your goods even faster. To be able to pay with PayPal, you must have a user account registered with PayPal free of charge. Further information about PayPal and how to register can be found at https://www.paypal.de/.
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§ 8 Warranty for material defects, guarantee
1. the statutory warranty rights apply to all goods from the seller's store. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
2. towards entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.
3. if there is a guarantee for individual items, this will be expressly stated in the item description. The details can be found in the respective guarantee conditions.
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§ 9 Liability
1. claims of the customer 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 seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. in the event of a breach of essential contractual obligations, the seller shall only be liable for the foreseeable damage typical for 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.
3. the restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. the provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of withdrawal
If the customer is a consumer, he is entitled to a statutory right of withdrawal. Further information on the right of revocation can be found in the revocation instructions.
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§ 11 Information on data processing
Data protection is particularly important to us. You will therefore find our detailed data protection declaration separately on our homepage.
§ 12 Code of conduct
The seller has submitted to the test criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf.
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§ 13 Force Majeure Clause
1. in the event of force majeure, the seller cannot guarantee the proper functioning of the webshop.
2. force majeure includes all unforeseeable events which - insofar as they could have been foreseen - are beyond the control of the provider or the participant. Such events also include Natural disasters such as floods, storm surges, hurricanes to the extent of other severe weather on the scale of a catastrophe, earthquakes, lightning, avalanches and landslides, fire, epidemics, pandemics, epidemics and infectious diseases (to the extent declared by the WHO or a public-law organisation and classified at a risk level of at least ‘moderate’), War or warlike conditions, civil unrest, military or unlawful seizure of power, official and government orders, strikes and lockouts, fire, ordnance disposal or similar.
3. if such an event occurs, the functioning of the web shop may be restricted or fail due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller for the duration of the event. Buyers are obliged to inform the seller immediately, but at the latest after 14 days, if an order remains unanswered and/or unprocessed, but the buyers wish to continue with the order. This information must be provided in writing by e-mail or letter, in any case in such a way as to ensure that the seller receives the information letter.
4. upon receipt of the information about the incorrect or failed order, the seller will contact the supplier to either confirm or reject the order. However, due to unforeseeable events, he cannot guarantee that the ordered product(s) will arrive at the customer within the specified delivery time. If delivery is not possible within six months of the occurrence of the event, the seller must refund the purchase price including shipping costs to the buyer, unless both parties have agreed otherwise. No other claims for compensation or payment against the seller shall arise.
5. the restrictions of paragraph 4 shall also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them. 6. both parties, seller and buyer, undertake to do everything in their power to reach an amicable settlement.
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§ 14 Dispute resolution procedure
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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§ 15 Final provisions
1. the law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory provisions or the protection granted by the law of the respective country of residence shall remain in force and shall apply accordingly.
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 registered office of the provider.
3. the contract language is German.
These GTC were created by www.gepruefter-webshop.de and are regularly checked for legal certainty.