General terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of revocation
6. retention of title
7. liability for defects
8. indemnification in case of violation of third party rights
9. redemption of gift vouchers
10. redemption of campaign vouchers
11. applicable law
12. information on online dispute resolution
1. scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Franziska Klee" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly provided for.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4 An entrepreneur is a natural or legal person or a 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
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all the necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, mail or telephone.
2.3 The Seller accepts the offer of the Customer by the following possible alternatives:
- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- request for payment to the customer after submission of the order
or
- delivery of the ordered goods
The decisive factor for the time of acceptance is the first alternative that has occurred.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. prices and terms of payment
3.1 The displayed prices are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is recommended to enquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can choose the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by "PayPal", payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 In the case of payment by "SOFORT", payment processing shall be carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer requires an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment will be executed immediately after completion of the payment process by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4. delivery and shipping conditions
4.1 The delivery of goods by shipping shall be made to the delivery address specified by the customer. Deviating from this, in case of payment via PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3 In case of agreed self-collection, the Customer shall be informed by the Seller that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs will be incurred.
4.4 Vouchers shall be provided to the Customer in the following form:
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The seller's cancellation policy applies to the right of cancellation.
5.3 Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract shall have no right of withdrawal.
6. retention of title
If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.2 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.
8. indemnification in the event of infringement of third-party rights
If, in addition to the delivery of the goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this context, unless the Customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, completely and truthfully with all information necessary for the examination of the claims and a defense.
9. redemption of gift vouchers
9.1 Vouchers that have been purchased via the Seller's online store ("Gift Vouchers") can also only be redeemed in the Seller's online store.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining credits will be credited to the customer's gift voucher account until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Several gift vouchers can be redeemed within one order.
9.5 Gift vouchers can be redeemed only for the purchase of goods.
The purchase of additional gift vouchers can not be paid by voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered may be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 The gift voucher is personal and may only be redeemed by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material eligibility of the respective Voucher Holder.
10. redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("Promotional Vouchers") may only be redeemed in the Seller's online store and only during the period specified by the Seller.
10.2 Individual products may be excluded from the voucher promotion.
The specific restrictions are to be taken from the promotional voucher, if applicable.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting will not take place.
10.4 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.5 The value of goods of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of a promotional voucher is not sufficient for payment of the respective order, one of the other payment methods offered may be used to settle the difference.
10.7 The credit balance of a promotional voucher shall neither be paid out nor earn interest.
10.8 The promotional voucher shall also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 Promotion vouchers are transferable in principle.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
11 Applicable law
11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12. information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
