Terms of service
General Terms and Conditions with customer information
1 Scope of application
1. these General Terms and Conditions (hereinafter referred to as “GTC”) of Jessica Schack - E-I-N-Z-E-L-ST'CK (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded between the Seller and consumers or entrepreneurs (hereinafter referred to as “Customers”) via the Seller's online store.
2. 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. consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity.
4. entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
1. the product descriptions presented in the seller's online store 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 via the order form provided in the online store. The desired goods are placed in the virtual shopping cart and the order process is completed. By submitting the order via 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 shall in any case be deemed timely if it is received by the customer within this period.
4. if the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer and the customer shall no longer be bound by his order.
5. the text of the contract is stored by the seller and sent to the customer together with the GTC by e-mail after completion of the order. If the customer has created a customer account before placing the order, the text of the contract 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 order process can be canceled by closing the browser.
7. the contract is concluded exclusively in German. 8. the order processing and communication is always carried out by e-mail. The customer shall ensure that the e-mail 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 are entitled to a right of withdrawal in accordance with the statutory provisions.
2. the details of the right of withdrawal, including the exceptions and the withdrawal period, are regulated in the seller's withdrawal policy.
4 Prices and terms of payment
1. all prices stated in the online store are total prices and include the statutory value added tax, if applicable. Value added tax is shown separately, unless a differential taxation according to § 25a UStG is applied. Delivery and shipping costs are also listed under the heading “Shipping”.
2. the payment options are displayed to the customer in the seller's online store.
3. when paying by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., in accordance with the PayPal Terms of Use, which can be viewed at PayPal Terms of Use.
4. if payment is made by credit card, the customer's credit card account will be debited upon completion of the order.
5 Delivery and shipping conditions
1. delivery shall be made to the delivery address specified by the customer. The address specified by the customer in the ordering process is decisive.
2. if delivery of the goods is not possible and they are returned to the seller, the customer shall bear 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 delivery, unless the seller has notified him of the delivery in good time. The return costs are regulated in accordance with the seller's revocation instructions in the event of effective revocation.
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 shall 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 only serves to settle the damage and does not affect the customer's statutory claims.
8 Applicable law
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall only apply insofar as the mandatory protection by statutory provisions of the state in which the consumer has his habitual residence does not conflict with this.
9. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from this contract shall be the seller's place of business. If the customer is domiciled outside Germany, the seller's place of business shall remain 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 resolution procedure before a consumer arbitration board.
