Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope
1. These General Terms and Conditions (hereinafter "GTC") of Jessica Schack - E-I-N-Z-E-L-ST'CK (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between the Seller and consumers or entrepreneurs (hereinafter "Customers") via the Seller's online shop.
2. Any deviating or supplementary terms and conditions of the customer shall not become part of the contract unless the seller has expressly agreed to their validity.
3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to his commercial nor to his independent professional activity.
4. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
1. The product descriptions presented in the seller's online shop do not constitute a legally binding offer, but an invitation to the customer to submit a binding offer.
2. The customer can submit an offer using the order form provided in the online shop. The desired goods are placed in the virtual shopping cart and the ordering process is completed. By submitting the order using the corresponding button, the customer submits a legally binding offer.
3. The seller can accept this offer within five days:
• by sending a written order confirmation (e.g. by e-mail),
Acceptance will in any case be deemed to have been made on time if it is received by the customer within this period.
4. If the Seller does not accept the Customer's offer within the specified period, this shall be deemed as a rejection of the offer and the Customer shall no longer be bound by his order.
5. The contract text is saved by the seller and sent to the customer by email together with the general terms and conditions after the order has been completed. If the customer has created a customer account before placing the order, the contract text can be viewed there.
6. The customer has the opportunity to check and correct his details before submitting the order. Input errors can be corrected using the usual keyboard or mouse functions. The ordering process can be canceled by closing the browser.
7. The contract is concluded exclusively in German. 8. Order processing and communication are always carried out via email. The customer ensures that the email address provided is correct so that all order confirmations and other communications from the seller can be received.
3. Right of withdrawal
1. Customers who are consumers have a right of withdrawal in accordance with the statutory provisions.
2. The details of the right of withdrawal, including exceptions and the withdrawal period, are set out in the seller's cancellation policy.
4. Prices and payment terms
1. All prices stated in the online shop are total prices and include VAT, where applicable. Sales tax is shown separately unless differential taxation according to Section 25a UStG is applied. Delivery and shipping costs are also listed in the "Shipping" section.
2. The payment options are displayed to the customer in the seller’s online shop.
3. When paying via PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, in accordance with the PayPal Terms of Use, which can be viewed at PayPal Terms of Use.
4. When paying by credit card, the customer’s credit card account will be charged when the order is completed.
5. Delivery and shipping conditions
1. Delivery will be made to the delivery address provided by the customer. The address provided by the customer during the ordering process is decisive.
2. If delivery of the goods is not possible and they are returned to the seller, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the delivery or if he was temporarily prevented from accepting the goods, unless the seller notified him of the delivery in good time. In the event of an effective cancellation, the return costs are regulated in accordance with the seller's cancellation policy.
6. Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects (warranty)
1. In the event of defects in the delivered goods, the statutory provisions apply.
2. The customer is requested to complain about obvious transport damage as soon as possible to the deliverer and to inform the seller. This request is only for the purpose of settling the damage and does not affect the customer's legal rights.
8. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This only applies to the extent that it does not conflict with the mandatory protection provided by the legal provisions of the state in which the consumer has his or her habitual residence.
9. Place of jurisdiction
The place of business of the seller is responsible for disputes arising from this contract if the customer is a merchant, a legal entity under public law or a special fund under public law. If the customer is resident outside of Germany, the place of business of the seller remains the exclusive place of jurisdiction.
10. Alternative dispute resolution
1. The EU Commission provides a platform for online dispute resolution, which can be accessed at https://ec.europa.eu/consumers/odr .
2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
1. Scope
1. These General Terms and Conditions (hereinafter "GTC") of Jessica Schack - E-I-N-Z-E-L-ST'CK (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between the Seller and consumers or entrepreneurs (hereinafter "Customers") via the Seller's online shop.
2. Any deviating or supplementary terms and conditions of the customer shall not become part of the contract unless the seller has expressly agreed to their validity.
3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to his commercial nor to his independent professional activity.
4. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
1. The product descriptions presented in the seller's online shop do not constitute a legally binding offer, but an invitation to the customer to submit a binding offer.
2. The customer can submit an offer using the order form provided in the online shop. The desired goods are placed in the virtual shopping cart and the ordering process is completed. By submitting the order using the corresponding button, the customer submits a legally binding offer.
3. The seller can accept this offer within five days:
• by sending a written order confirmation (e.g. by e-mail),
Acceptance will in any case be deemed to have been made on time if it is received by the customer within this period.
4. If the Seller does not accept the Customer's offer within the specified period, this shall be deemed as a rejection of the offer and the Customer shall no longer be bound by his order.
5. The contract text is saved by the seller and sent to the customer by email together with the general terms and conditions after the order has been completed. If the customer has created a customer account before placing the order, the contract text can be viewed there.
6. The customer has the opportunity to check and correct his details before submitting the order. Input errors can be corrected using the usual keyboard or mouse functions. The ordering process can be canceled by closing the browser.
7. The contract is concluded exclusively in German. 8. Order processing and communication are always carried out via email. The customer ensures that the email address provided is correct so that all order confirmations and other communications from the seller can be received.
3. Right of withdrawal
1. Customers who are consumers have a right of withdrawal in accordance with the statutory provisions.
2. The details of the right of withdrawal, including exceptions and the withdrawal period, are set out in the seller's cancellation policy.
4. Prices and payment terms
1. All prices stated in the online shop are total prices and include VAT, where applicable. Sales tax is shown separately unless differential taxation according to Section 25a UStG is applied. Delivery and shipping costs are also listed in the "Shipping" section.
2. The payment options are displayed to the customer in the seller’s online shop.
3. When paying via PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, in accordance with the PayPal Terms of Use, which can be viewed at PayPal Terms of Use.
4. When paying by credit card, the customer’s credit card account will be charged when the order is completed.
5. Delivery and shipping conditions
1. Delivery will be made to the delivery address provided by the customer. The address provided by the customer during the ordering process is decisive.
2. If delivery of the goods is not possible and they are returned to the seller, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the delivery or if he was temporarily prevented from accepting the goods, unless the seller notified him of the delivery in good time. In the event of an effective cancellation, the return costs are regulated in accordance with the seller's cancellation policy.
6. Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects (warranty)
1. In the event of defects in the delivered goods, the statutory provisions apply.
2. The customer is requested to complain about obvious transport damage as soon as possible to the deliverer and to inform the seller. This request is only for the purpose of settling the damage and does not affect the customer's legal rights.
8. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This only applies to the extent that it does not conflict with the mandatory protection provided by the legal provisions of the state in which the consumer has his or her habitual residence.
9. Place of jurisdiction
The place of business of the seller is responsible for disputes arising from this contract if the customer is a merchant, a legal entity under public law or a special fund under public law. If the customer is resident outside of Germany, the place of business of the seller remains the exclusive place of jurisdiction.
10. Alternative dispute resolution
1. The EU Commission provides a platform for online dispute resolution, which can be accessed at https://ec.europa.eu/consumers/odr .
2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.