TERMS AND CONDITIONS (AGB)
General terms and conditions and consumer information in the context of sales contracts concluded via the web shop between IDEENFABRIK I BRITTA HURTER S.L. - hereinafter "Supplier" - and the Customer - hereinafter "Customer".
§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these GTCs, the following General Terms and Conditions of Business shall apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Conflicting terms and conditions of the Customer shall expressly not apply unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) All offers in the Webshop of the Provider are merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Provider. As soon as the Supplier has received the Customer's order, the Customer will first receive a confirmation of his order from the Supplier, usually by e-mail (order confirmation). This does not yet represent the acceptance of the order. After receipt of his order, the Supplier will check it at short notice and inform the Customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded if the Customer does not receive an order confirmation within 2 working days. The ordering process in the webshop of the provider works as follows:
(2) The Customer can select products from the Provider's range and collect them in a so-called shopping cart by clicking on the button "add to cart". By clicking on the button "Send order", the Customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the application can only be submitted and transmitted if the Customer has accepted these contractual conditions by clicking on the "Accept GTC" button and thereby included them in his application.
(3) The Supplier will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed once again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Supplier has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when the declaration of acceptance is submitted by the Provider, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject matter of the contract is the goods specified by the customer in the context of the order and the order confirmation.
and/or order confirmation at the final prices stated in the Web Shop. Errors and mistakes there are reserved, in particular with regard to the availability of goods.
(2) The quality of the ordered goods is determined by the product descriptions in the web shop. Images on the website may not accurately represent the products; in particular colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the supplier.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Supplier shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
(4) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Supplier is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the Customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Delivery, prices, shipping costs
(1) Delivery (delivery to the shipping company) shall be effected immediately after receipt of money (in case of payment by bank transfer), otherwise immediately after dispatch of the order confirmation.
(2) All prices which are stated on the website of the provider are understood to include the statutory value added tax applicable at the time.
(3) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer. From an order value of 150.00 EUR, the Provider delivers to the Customer free of shipping costs.
(4) The goods are dispatched by post. If the Customer wishes to have insured shipping, he/she must include this in his/her application by selecting the appropriate shipping method. The additional costs arising from this are indicated in the order form and shall be borne by the Customer.
§ 6 Terms of payment, offsetting and right of retention
(1) The Customer may pay by credit card or via Paypal payment.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer shall be in default already by missing the deadline. In this case, he shall pay the Provider default interest at a rate of 5 percentage points above the base rate.
(3) The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by the delay.
(4) The Customer may only offset such counterclaims that have been established by a court of law, are undisputed or have been acknowledged by the Provider in writing. The Customer may only exercise a right of retention if the claims underlying the claim arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee for the goods delivered by the vendor exists only if it is expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.
(2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.
(4) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are made directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal of the consumer
(1) If the Customer is a consumer and has concluded a contract with the Provider using exclusively means of distance communication, in particular by telephone, e-mail or fax, or via the Provider's website, the Customer has the right of revocation described below.
(2) The Customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or, in the event of a higher price of the goods, if the Customer has not yet paid the consideration or a contractually agreed part payment at the time of the revocation.
No right of withdrawal exists by way of exception
if the Customer has acquired the products purchased from the Provider for the purpose of his commercial or self-employed professional activity (in this case the Customer is not a consumer),
in the case of products that have been individually manufactured for the customer according to the customer's specifications or clearly tailored to the customer's personal requirements (custom-made products),
Masks cannot be exchanged for reasons of hygiene.
- Cancellation policy -
You can cancel your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods have been delivered to you before the end of this period - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our duty to supply information in accordance with Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB as well as our obligations under § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to:
IDEENFABRIK I BRITTA HURTER S.L.
Calle Capitán Barceló 28
Phone: +34 627 028 953
Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you must compensate us for lost value. For the deterioration of the goods and for any benefits obtained, you must only pay compensation if the benefits or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. The term "testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. Items that can be sent as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
- End of the revocation instruction -
§ 10 Information on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he observes the statutory provisions. Without the Customer's consent, the Provider will only collect, process or use the Customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
(2) The provider will not use the customer's data for advertising, market or opinion research purposes without the customer's consent.
(3) The Customer has the possibility at any time to call up the data stored by him under the button "My data" in his profile, to change or delete it. In addition, with regard to the Customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form at any time on the Provider's website by clicking on the "Data protection" button.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.
This General Terms and Conditions were created with the help of Rechtsanwalt Metzler, Germany - http://www.rechtsanwalt-metzler.de