Terms and Conditions
1. Scope and provider
(1)These general terms and conditions apply to all orders that you place with the online shop of Gadorosi & Schmidt GbR, Kriegsbergstr. 28, 70174 Stuttgart.
(2)The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3)Our deliveries, services and offers are based exclusively on these general terms and conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(4)Contract language is exclusively German.
(5)You can call up and print out the currently valid General Terms and Conditions on the website www.natigabynatalie.com/agb.
2. Conclusion of contract
(1)The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2)By clicking the button “Buy” you submit a binding offer to buy (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.(3)The contract is not concluded until the content is activated or a link is provided.
The prices stated on the product pages include the statutory value added tax and other price components.
4. Terms of payment
(1)The payment is made by Paypal.
(2)The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods, for example, to secure our credit risk only prepayment.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time we ship the goods to you.
(4)When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5)If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. For each reminder letter that is sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damages can be proven in individual cases.
5. Offsetting / Right of retention
(1)You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2)You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
(1)Unless otherwise agreed, the delivery of the goods is effected by providing a link. This link can be activated by you and starts the download to the storage medium you have chosen.
(2)It is the customer’s responsibility to provide suitable software that enables the files and contents to be opened, edited and printed out properly.
7. Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must give us company: Gadorosi & Schmidt GbR address: Kriegsbergstr. 28, 70174 Stuttgart E-Mail: email@example.com by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. To safeguard
8. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must give us company: Gadorosi & Schmidt GbR address: Kriegsbergstr. 28, 70174 Stuttgart E-Mail: firstname.lastname@example.org by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund and we may refuse to make the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us or to any third party immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
Sample cancellation form:
If you wish to withdraw from the contract, please complete and return this form.
Gadorosi & Schmidt GbR
Kriegsbergstr. 28, 70174
I/we ___________________________ hereby revoke the contract concluded by me/us ____________________ for the purchase of the following goods ___________________:Ordered on _______________received on ____________.
Name of the consumer(s):___________________________
Address of the consumer(s):___________________________________________________________________________________________________
Signature of the consumer(s) _______________________________________________
End of the cancellation policy
(1) The right of revocation does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or to the delivery of sound or video recordings or computer software or files.
(2) A right of revocation expires in accordance with § 356 (5) BGB in the case of a contract for the delivery of digital content not contained on a physical data carrier if the entrepreneur has commenced with the execution of the contract after the consumer has expressly agreed that the entrepreneur will commence with the execution of the contract before the expiry of the revocation period and has confirmed that he is aware that he will lose his right of revocation through his agreement when the execution of the contract commences.
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2)If you are a consumer in the sense of § 13 BGB, the liability period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3)In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
(4)If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:-Only our own information and the manufacturer’s product description shall be binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and to give notice of defects, the assertion of warranty claims is excluded. In the case of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods. The warranty period is one year from delivery of the goods.
(1)Unlimited liability:We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) Otherwise, the following limited liability applies:In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favour of our vicarious agents.
11. Copyright and rights of use
(1)All digital contents provided by the seller are protected by copyright.
(2)The customer acquires a temporally unlimited, simple, non-transferable right of use exclusively for non-commercial use. No exploitation rights are granted to the customer. In particular, he may not make the acquired titles available to the public (§ 19a UrhG) or pass them on to third parties in any other form, either in digital or printed form, in full or in excerpts (§ 17 UrhG). The right of reproduction (§ 16 UrhG) is limited to acts of reproduction which serve exclusively for the own use.
3) The granting of the rights of use by the Seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5)The Seller is entitled to personalize digital content made available for download with visible and invisible markings individually in order to enable the investigation and legal prosecution of the original purchaser in the event of misuse.
(6)In the event of unauthorized use of the digital contents by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
12. Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform is under the external link http://ec.europa.eu/consumers/odr/erreichbar.Wir are trying to resolve any disputes arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you the opportunity to participate in such proceedings.
13. Final provisions
(1)Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
(2) German law is exclusively applicable to contracts between you and us, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. Status: February 2019
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, email@example.comChausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4