Terms & Conditions
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1) SCOPE OF APPLICATION
1.1 THESE GENERAL TERMS AND CONDITIONS (hereinafter "GTC") OF www.nextplay.store, ACTING UNDER "NEXTPLAY" (hereinafter "SELLER"), APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS WITH "CONSUMERS" (SUBSCRIBERS) CONCLUDES THE SELLER WITH REGARD TO THE GOODS DISPLAYED BY THE SELLER IN HIS ONLINE SHOP. THE INCLUSION OF THE CUSTOMER'S OWN TERMS AND CONDITIONS IS HEREBY DISCLAIMED UNLESS SOMETHING OTHERWISE AGREED
1.2 THESE TERMS AND CONDITIONS APPLY TO CONTRACTS FOR THE DELIVERY OF VOUCHERS, UNLESS THAT DIFFERENT EXPRESSLY PROVIDED.
1.3 CONSUMER IN THE MEANING OF THESE TERMS AND CONDITIONS IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL DEAL FOR PURPOSES THAT CANNOT BE ASSIGNED TO YOUR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITIES. ENTREPRENEUR IN THE MEANING OF THESE TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A LEGAL PERSONAL COMPANY WHO IS ENTERING A LEGAL BUSINESS IN THE EXERCISE OF YOUR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITIES
2) CONCLUSION OF CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER'S ONLINE SHOP ARE NOT BINDING OFFERS ON THE SELLER'S PART, BUT ARE USED TO SUBMIT A BINDING OFFER BY THE CUSTOMER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED IN THE SELLER'S ONLINE SHOP. WHEREAS THE CUSTOMER, AFTER HAVING PLACED THE SELECTED GOODS IN THE VIRTUAL SHOPPING BASKET AND TURNING THE ELECTRONIC ORDERING PROCESS THROUGH THE ELECTRONIC ORDERING PROCESS, BY CLICKING THE COMPLETE THE ORDERING PROCESS, THE BUTTONS ARE LEGALLY PROHIBITED. FURTHERMORE, THE CUSTOMER CAN SUBMIT THE OFFER TO THE SELLER BY E-MAIL OR BY ONLINE CONTACT FORM
2.3 THE SELLER CAN ACCEPT THE CUSTOMER'S OFFER WITHIN FIVE DAYS,
BY SENDING AN ORDER CONFIRMATION by EMAIL) TO THE CUSTOMER, ACCESS TO THE ORDER CONFIRMATION BY THE CUSTOMER, ODE
BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, IN WHICH ACCESS TO THE GOODS AT THE CUSTOMER IS DETERMINABLE, ODE
BY REQUESTING THE CUSTOMER TO PAY AFTER PLACING THE ORDER.
IF SEVERAL OF THE ABOVE ALTERNATIVES ARE AVAILABLE, THE CONTRACT WILL COME INTO CONFIGURATION AT THE TIME ONE OF THE ABOVE ALTERNATIVES FIRST OCCURS. THE PERIOD FOR ACCEPTANCE OF THE OFFER STARTS ON THE DAY AFTER SENDING THE OFFER BY THE CUSTOMER AND ENDS WITH THE EXPIRES OF THE FIFTH DAY FOLLOWING THE SENDING OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER'S OFFER WITHIN THE ABOVE PERIOD, THIS IS A REJECTION OF THE OFFER WITH THE RESULT THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF WILL.
2.4 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE CONTRACT TEXT WILL BE SAVED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND SENDED TO THE CUSTOMER IN TEXT FORM (E.G. E-MAIL, FAX OR LETTER). ANY ADDITIONAL ACCESSIBILITY OF THE CONTRACT TEXT BY THE SELLER WILL NOT BE CARRIED OUT. IF THE CUSTOMER HAS SET UP A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SENDING HIS ORDER, THE ORDER DETAILS WILL BE ARCHIVED ON THE SELLER'S WEBSITE AND CAN BE SUBSCRIBED BY THE CUSTOMER FREE OF CHARGE WITH THE USER'S PASSWORD.
2.5 BEFORE SUBMITTING THE ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN DETECT POTENTIAL INPUT ERRORS BY CAREFULLY READING THE INFORMATION DISPLAYED ON THE SCREEN. AN EFFECTIVE TECHNICAL MEANS FOR BETTER DETECTION OF INPUT ERRORS MAY BE THE BROWSER'S ENLARGEMENT FUNCTION, THAT ENLARGES THE DISPLAY ON THE SCREEN. THE CUSTOMER CAN CORRECT HIS ENTRIES DURING THE ELECTRONIC ORDERING PROCESS USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL THE BUTTON CLOSES THE ORDERING PROCESS
2.6 THE ENGLISH LANGUAGE IS AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.
2.7 ORDER PROCESSING AND CONTACTS TAKE PLACE IN GENERAL BY E-MAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE E-MAIL ADDRESS GIVEN BY HIM TO PROCESS 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 PARTY PROCESSING THE ORDER CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS BASICALLY HAVE A RIGHT OF WITHDRAWAL.
CANCELLATION INSTRUCTIONS & REVOCATION FORM
CONSUMERS HAVE A RIGHT OF REVOCATION IN ACCORDANCE WITH THE FOLLOWING PROVISION, WHEREAS THE CONSUMER IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR THE PURPOSES OF WHICH THE PRESENTLY NON-THEIR COMMERCIAL ACTIVITIES ARE NEITHER THEIR COMMERCIAL
PLEASE SEND THE ITEM BACK IN A RESELLABLE CONDITION. ALL ITEMS MUST BE RETURNED IMPERFECTLY, SEALED AND NOT CRUMPLED ..
YOUR ARTICLES MUST BE NEW, WITH PACKAGING INCL. FILLED IN DELIVERY NOTE TO BE RETURNED.
A. CANCELLATION POLICY
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN FOURTEEN DAYS WITHOUT STATING A REASON.
THE REVOCATION PERIOD IS FOURTEEN DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY NOMINATED BY YOU, WHO IS NOT THE CARRIER, POCKET OR POCKET THE LAST GOODS. HAS.
IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST SEND US (designioss9@gmail.com) A CLEAR DECLARATION (E.G., SEND A MAIL).
TO ENSURE THE REVOCATION PERIOD, IT IS SUFFICIENT THAT YOU SEND THE NOTIFICATION OF THE EXERCISE OF THE RIGHT OF REVOCATION BEFORE THE REVOCATION PERIOD EXPIRES.
PLEASE CONTACT US IF YOU HAVE QUESTIONS ABOUT YOUR RETURN / REPLACEMENT OR REFUND: designioss9@gmail.com
CONSEQUENCES OF REVOCATION
IF YOU CANCEL THIS AGREEMENT, WE HAVE TO REPAY YOUR PAYMENT, WHICH WE RECEIVED FROM YOU, IMMEDIATELY AND AT THE LATER THAN 14 DAYS FROM THE DAY ON WHICH THE NOTIFICATION OF YOUR CONTRACT IS REJECTED TO US. FOR THIS REPAYMENT WE WILL USE THE SAME METHOD OF PAYMENT THAT YOU USED IN THE ORIGINAL TRANSACTION UNLESS THAT WAS EXPRESSLY AGREED WITH YOU; IN NO EVENT WILL YOU BE CHARGED FOR THIS REPAYMENT. WE MAY REFUSE THE REPAYMENT UNTIL WE HAVE RECEIVED THE GOODS OR UNTIL YOU HAVE PROOF THAT YOU HAVE RETURNED THE GOODS, WHAT'S THE EARLIER.
YOU MUST RETURN OR SEND THE GOODS IMMEDIATELY AND IN ANY CASE AT THE LATER THAN FOURTEEN DAYS FROM THE DAY ON WHICH YOU NOTIFY US OF THE REVOCATION OF THIS AGREEMENT. THE DEADLINE IS MEET IF YOU SEND THE GOODS BEFORE THE PERIOD OF FOURTEEN DAYS EXPIRES.
YOU ASSUME THE DIRECT COST OF RETURNING THE GOODS.
YOU ONLY HAVE TO RESPOND FOR A POSSIBLE LOSS OF VALUE OF THE GOODS IF THIS LOSS OF VALUE CAN BE RESTRICTED TO A HANDLING OF THE GOODS NOT NECESSARY TO CHECK THE CONSTRUCTION, PROPERTIES AND FUNCTIONING OF THE GOODS.
4) PRICES AND PAYMENT TERMS
4.1 UNLESS THE SELLER'S PRODUCT DESCRIPTION PROVIDES OTHERWISE, THE PRICES SHOWN ARE TOTAL PRICES INCLUDING THE STATUTORY SALES TAX. IF ANY ADDITIONAL DELIVERY AND SHIPPING COSTS WILL BE INDICATED SEPARATELY IN THE RELEVANT PRODUCT DESCRIPTION.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, FURTHER COSTS MAY INCLUDE IN INDIVIDUAL CASES THAT THE SELLER IS NOT RESPONSIBLE AND THAT ARE TO BE BORN BY THE CUSTOMER. THIS INCLUDE, FOR EXAMPLE, COSTS FOR THE TRANSFER OF MONEY BY CREDIT INSTITUTIONS (E.G. TRANSFER FEES, EXCHANGE RATE FEES) OR IMPORT LEGAL DUTIES AND / or TAXES (E.G. CUSTOMS). SUCH COSTS MAY ALSO APPEAR IN RELATION TO THE TRANSFER OF MONEY IF THE DELIVERY IS NOT TO A COUNTRY OUTSIDE THE EUROPEAN UNION BUT THE CUSTOMER MAKES THE PAYMENT FROM A COUNTRY OUTSIDE THE EUROPEAN UNION.
4.3 THE POSSIBILITY OF PAYMENT IS / WILL BE NOTIFIED TO THE CUSTOMER IN THE SELLER'S ONLINE SHOP.
4.4 IF PREPAYMENT BY BANK TRANSFER AGREED, PAYMENT IS DUE IMMEDIATELY AFTER CONCLUSION OF THE CONTRACT, UNLESS THE PARTIES HAVE AGREED A LATER DATE DATE.
4.5 IF PAYMENT BY A PAYMENT METHOD OFFERED BY PAYPAL, THE PAYMENT PROVIDER WILL BE PROVIDED THROUGH THE PAYMENT PROVIDER PAYPAL (EUROPE) S.À RL ET CIE, SCA, 22-24 BOULEVARD ROYAL, L-2449 "LUXEMBOURG", LUXEMPURG, IMMOBURG, L-2449 PAYPAL TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR - IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT - SUBJECT TO THE CONDITIONS WITHOUT PAYMENT , AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACY-FULL
4.6 TO PAY BY ONE OF STRIPE OFFERED PAYMENT IS THE PAYMENTS ON THE PAYMENT SERVICE STRIPE, 510 TOWNSEND STREET, SAN FRANCISCO, CA 94103, United States (THE "STRIPE") UNDER EFFECT OF STRIPE CONDITIONS, VISIBLE UNDER https: // STRIPE.COM/DE/PRIVACY
4.7. If payment by one of Sofort OFFERED PAYMENT If payment settlement via the payment service klarna BANK AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereafter "IMMEDIATELY") UNDER APPLICATION OF klarna terms and conditions, available at https: / /WWW.KLARNA.COM/DE/AGB/
5) DELIVERY AND SHIPPING CONDITIONS
5.1 THE DELIVERY OF GOODS WILL BE DONE BY SHIPMENT TO THE DELIVERY ADDRESS PROVIDED 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 TRANSPORT COMPANY SENDS THE SHIPPED GOODS BACK TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER WILL BEAR THE COST OF THE SUCCESSFUL SHIPPING. THIS DOES NOT APPLY IF THE CUSTOMER DOES NOT HAVE TO REPRESENT THE CIRCUMSTANCES THAT LEADED TO THE IMPOSSIBILITY OF DELIVERY OR IF THE CUSTOMER WAS TEMPORARILY PREVENTED FROM ACCEPTING THE SERVICES OFFERED UNLESS THE SELLER PROVIDED THE SELLER WOULD HAVE. FURTHER, THIS DOES NOT APPLY WITH REGARD TO THE COST OF THE SHIPMENT IF THE CUSTOMER EFFECTIVELY EXECUTES HIS RIGHT OF WITHDRAWAL. FOR THE RETURN COSTS, IF THE CUSTOMER EXECUTES THE RIGHT OF REVOCATION, THE REGULATION IN THE SELLER'S REVOCATION INSTRUCTIONS APPLIES.
5.3 SELF-COLLECTION IS NOT POSSIBLE FOR LOGISTICAL REASONS.
5.4 VOUCHERS ARE GIVEN TO THE CUSTOMER AS FOLLOWS:
- BY EMAIL
6) RESERVATION OF TITLE
IF THE SELLER MAKES ADVANTAGE, HE RESERVES THE PROPERTY OF THE DELIVERED GOODS UNTIL THE COMPLETE PAYMENT OF THE PURCHASE PRICE OWNED.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 IF THE PURCHASE IS DEFECTIVE, THE REGULATIONS OF THE LEGAL LIABILITY FOR DEFECTS APPLY.
7.2 IN THE EVENT OF A DEFECTIVE DELIVERY, WE ASK YOU TO CONTACT OUR CUSTOMER SERVICE / SUPPORT AT designioss9@gmail.com. IN THE EVENT OF DEFECTIVE GOODS, WE WILL SEND A RETURN LABEL FOR THE RETURN AND IMMEDIATELY AFTER RECEIVING THE DEFECTIVE GOODS. FOR RETURNS AT OWN EXPENSES WE ARE ONLY LIABLE UP TO A POSTAGE VALUE OF 5.99 €.
7.3 THE CUSTOMER IS ASKED TO COMPLAINT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE TO THE DELIVEROR AND TO INFORM THE SELLER OF THIS. IF THE CUSTOMER DOES NOT COME TO THIS, THIS WILL HAVE NO EFFECT ON HIS LEGAL OR CONTRACTUAL CLAIMS FOR DEFECTS.
8) REDEMPTION OF PROMOTION VOUCHERS
8.1 VOUCHERS THAT ARE GIVEN FREE OF CHARGE BY THE SELLER IN THE CONTEXT OF ADVERTISING PROMOTIONS WITH A CERTAIN VALIDITY PERIOD AND THAT CANNOT BE PURCHASED BY THE CUSTOMER ONLINE
8.2 INDIVIDUAL PRODUCTS MAY BE EXCLUDED FROM THE VOUCHER ACTION, IF THE CONTENTS OF THE VOUCHER ARE EXCLUDED.
8.3 PROMOTION VOUCHERS CAN ONLY BE REDEEMED BEFORE COMPLETING THE ORDERING PROCESS. A SUBSEQUENT SET-OFF IS NOT POSSIBLE.
8.4 SEVERAL PROMOTION VOUCHERS CANNOT BE REDEEMED FOR ONE ORDER.
8.5 THE VALUE OF THE GOODS MUST BE AT LEAST CORRESPONDING TO THE AMOUNT OF THE SPECIAL OFFER VOUCHER. ANY REMAINING CREDIT WILL NOT BE REFUNDED BY THE SELLER.
8.6 IF THE VALUE OF THE SPECIAL OFFER VOUCHER IS NOT ENOUGH TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOOSED TO PAY THE DIFFERENTIAL AMOUNT.
8.7 THE CREDIT OF A PROMOTION VOUCHER WILL NEITHER BE PAYED IN CASH NOR GET INTEREST.
8.8 THE SPECIAL OFFER VOUCHER WILL NOT BE REFUNDED IF THE CUSTOMER RETURNS THE GOODS PAYED IN WHOLE OR PARTLY WITH THE SPECIAL OFFER VOUCHER, WITHIN THE FRAMEWORK OF HIS STATUTORY RIGHT OF WITHDRAWAL.
8.9 THE PROMOTION VOUCHER IS INTENDED ONLY FOR USE BY THE PERSON DESIGNED FOR IT. A TRANSFER OF THE PROMOTION VOUCHER TO A THIRD PARTY IS EXCLUDED. THE SELLER IS AUTHORIZED BUT NOT OBLIGED TO CHECK THE MATERIAL ELIGIBILITY OF THE RESPECTIVE VOUCHER HOLDER.
9) GIFT CERTIFICATE REDEMPTION
9.1 VOUCHERS THAT CAN BE PURCHASED VIA THE ONLINE SHOP OF THE SELLER (hereinafter "GIFT VOUCHERS") CAN ONLY BE REDEEMED IN THE ONLINE SHOP OF THE SELLER, UNLESS THE VOUCHER CANNOT BE REALIZED.
9.2 GIFT VOUCHERS AND THE REMAINING CREDIT OF GIFT VOUCHERS CAN BE REDEEMED UP TO THE END OF THE THIRD YEAR AFTER THE YEAR OF THE VOUCHER PURCHASE. REMAINING CREDIT WILL BE CREDED TO THE CUSTOMER UNTIL THE EXPIRY DATE.
9.3 GIFT VOUCHERS CAN ONLY BE REDEEMED BEFORE COMPLETING THE ORDER PROCESS. A SUBSEQUENT SET-OFF IS NOT POSSIBLE.
9.4 MULTIPLE GIFT VOUCHERS CANNOT BE REDEEMED IN ONE ORDER.
9.5 GIFT CERTIFICATES CAN ONLY BE USED FOR THE PURCHASE OF GOODS AND NOT FOR THE PURCHASE OF OTHER GIFT CERTIFICATES.
9.6 IF THE VALUE OF THE GIFT VOUCHER IS NOT ENOUGH TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOOSE TO PAY THE DIFFERENTIAL AMOUNT.
9.7 THE CREDIT OF A GIFT VOUCHER WILL NEITHER BE PAYED IN CASH OR GET INTEREST.
9.8 THE GIFT VOUCHER IS INTENDED ONLY FOR THE USE OF THE PERSON DESIGNED FOR IT. A TRANSFER OF THE GIFT VOUCHER TO A THIRD PARTY IS EXCLUDED. THE SELLER IS AUTHORIZED BUT NOT OBLIGED TO CHECK THE MATERIAL ELIGIBILITY OF THE RESPECTIVE VOUCHER HOLDER.
10) APPLICABLE LAW
THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO ALL LEGAL RELATIONSHIPS OF THE PARTIES, EXCLUDING THE LAWS ON THE INTERNATIONAL PURCHASE OF MOVABLE GOODS. FOR CONSUMERS, THIS LAW ONLY APPLIES TO THE EXCEPTION OF THE PROTECTION GRANTED BY MANDATORY PROVISIONS OF THE LAW OF THE STATE IN WHICH THE CONSUMER HAS NORMALLY STAYED.
11) ALTERNATIVE DISPUTE RESOLUTION
11.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET AT THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM IS USED AS A CONTACT POINT FOR THE OUT-OF-JUSTICE RESOLUTION OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS IN WHICH A CONSUMER IS PARTICIPANT
11.2 THE SELLER IS NOT OBLIGED TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEDURE BEFORE A CONSUMER ARBITRATION BODY, BUT IN PRINCIPLE READY TO DO SO.
11.3 LIABILITY FOR INJURY
IN OUR ONLINE SHOP ARE ACCESSORIES AND LABELS THAT ARE CLOSED OR SEALED WITH SAFETY CLIPS. THESE SAFETY PINS ARE POINTED AND WE ASSUME NO LIABILITY FOR INJURY CAUSED BY OUR ACCESSORIES, CLOTHING OR SAFETY NEEDLES.
GENERAL TERMS AND CONDITIONS
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of campaign vouchers
9. Redemption of gift vouchers
10. Applicable Law
11. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company FAVELA Clothing GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and / or services presented in the Seller's online shop. The inclusion of the client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These Terms and Conditions regarding contracts for the supply of goods presented by the seller in its print catalog apply accordingly, unless expressly otherwise agreed.
1.3 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.5 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.6 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The client may submit the offer via the online order form integrated into the seller's online shop. In doing so, after having placed the selected goods and / or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the goods and / or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.
2.3 In the case of ordering goods presented in the Seller's print catalog, the Client may submit his offer by telephone, fax, e-mail or postal service. For this purpose, the client may fill in the order form attached to the seller's print catalog and return it to the seller.
2.4 The Seller may accept the Client's offer within five days, - by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the client is decisive, or - by delivering ordered goods to the client; insofar receipt of goods by the customer is decisive, or - by requesting the client to pay after he placed his order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the client's offer within the aforementioned period of time, this shall be deemed to be rejecting the offer with the effect that the client is no longer bound by his statement of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and transmitted to the client in text form (eg e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the seller's online order form, the client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The English language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the seller can be received at this address. Particularly, it is the client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
INSTRUCTIONS FOR CANCELLATION & CANCELLATION FORM
Consumers, ie any individual acting for purposes which are wholly or mainly outside those individual's trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. INSTRUCTIONS FOR CANCELLATION
RIGHT TO CANCEL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us by (email:designioss9@gmail.com) of your decision to cancel this contract by a clear statement (eg a letter sent by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) Sa rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal ") Subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 When payments are made using a payment method offered by Stripe, handling of payments takes place via the payment service provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter called “Stripe”) subject to the Stripe terms of use which can be viewed at: https://stripe.com/de/privacy
4.6 When payments are made using a payment method offered by Sofort, handling of payments takes place via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter called “Sofort”) subject to the Klarna terms of use which can be viewed at: https://www.klarna.com/de/agb/
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on the dispatch route and to the delivery address indicated by the client, unless otherwise agreed. During the processing of the transaction, the delivery address indicated in the seller's order processing is decisive.
5.2 Should the assigned transport company return the goods to the seller, because delivery to the client was not possible, the client bears the costs for the unsuccessful dispatch. This shall not apply, if the client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the client's control or if he has been temporarily impeded to receive the offered service, unless the seller has notified the client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons. 5.4 Vouchers will be provided to the client as follows: - by e-mail
6) Reservation of Proprietary Rights
If the seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 IN THE EVENT OF A FAULTY DELIVERY, WE ASK YOU TO CONTACT OUR CUSTOMER SERVICE / SUPPORT AT designioss9@gmail.com. IN THE EVENT OF FAULTY GOODS, WE WILL SEND A RETURN LABEL FOR THE RETURN. FOR RETURNS AT OWN EXPENSES WE ARE ONLY LIABLE UP TO A POSTAGE VALUE OF 5.99 €.
7.3 The client is asked to notify any obvious transport damages to the forwarding agent and to inform the seller accordingly. Should the client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers which are issued by the seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the seller's online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 In case of an order, several campaign vouchers can't be redeemed.
8.5 The goods value should meet at least the amount of the campaign voucher. The seller will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the client may choose one of the remaining payment methods offered by the seller to pay
the difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The campaign voucher will not be redeemed, if the client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The seller is entitled but not obliged to check the entitlement of the respective voucher owner.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased via the Seller's online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller's online shop, unless otherwise stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the client's voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.5 If the value of the gift voucher is not enough for the order, the client may choose one of the remaining payment methods offered by the seller to pay the difference.
9.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
11.2 The seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in principle ready for this.