General terms and conditions with Customer information
Table of Contents
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter “GTC”) of Janine Marongiu, acting under “spitzenfühl” (hereinafter “seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can use the offer integrated in the seller’s online shop
Submit online order form. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or a
Order confirmation sent in text form (fax or email), whereby the
Receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the customer’s receipt of the goods is decisive, or
– by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract comes in the
Time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select one of the payment methods offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
2.5 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting 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.
2.6 Before the binding submission of 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 representation on the screen is enlarged. As part of the electronic ordering process, the customer can make his entries using the usual keyboard and mouse correct the functions until he clicks the button to complete the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the 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 third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who at the time of
Do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that are statutory
VAT included. If applicable, additional delivery and
Shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is to be made immediately after
Contract conclusion due, unless the parties have agreed a later due date.
4.5 If you choose the payment method purchase on account, the purchase price is due after the
Goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method purchase on account up to a certain order volume and this payment method
Refuse to exceed the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.6 If the credit card payment method is selected, the invoice amount is included
Contract conclusion due immediately. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer’s specified credit card account. In case of
Assignment can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. The provider remains even when choosing the payment method
Credit card payment via secupay AG is responsible for general customer inquiries, e.g. about goods, delivery times, shipping, returns, complaints, declarations of revocation and returns or credit notes.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route 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 is decisive.
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. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he reserves the right to the full
own payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties
Germany to the exclusion of the laws on international purchase more movable
Were. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal
Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform on the Internet under the following link
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.