General terms and conditions with customer information

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Table of contents

 

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Reservation of proprietary rights

7. Liability for defects (warranty)

8. Applicable law

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1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Angela Wetzel, trading as "schnipselschnecke" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online store.

 

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

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2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

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2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail, mail or online contact form.

 

2.3 The Seller may 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), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or by requesting payment from the customer after the customer has placed the order.

 

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

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2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending 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.

 

2.5 Before bindingly placing 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 display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

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2.6 Only the German language is available for the conclusion of the contract.

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2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that 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 by third parties commissioned by the seller to process the order can be delivered.

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3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

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4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices stated are prices without VAT due to the small business regulation § 19 UStG (Value Added Tax Act). If applicable, additional shipping costs are indicated separately in the respective product description. Or can be read at shipping and delivery times.

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4.2 The payment option(s) will be communicated to the customer in the seller's online store.

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4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

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4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

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5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping 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 shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

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5.2 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 as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.

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5.3 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's headquarters by arrangement with the seller. In this case, no shipping costs will be charged, if any were provided.

 

More information about shipping and delivery times can be found here. 

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6) Retention of ownership

If the Seller makes advance performance, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

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7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

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7.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the period of liability to one year shall not apply to

for items which have been used for a building in accordance with their customary use and have caused its defectiveness,

for claims for damages and reimbursement of expenses of the customer, as well as

in the event that the Seller has fraudulently concealed the defect.

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8) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.