Terms and conditions
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of proprietary rights
7. liability for defects (warranty)
8. special conditions for the processing of goods according to certain specifications of the customer.
9. applicable law
10. alternative dispute resolution
11. final provisions
1) Scope of application
1.1 The General Terms and Conditions (hereinafter referred to as “GTC”) of Luzie Schrauf trading under “blingz” (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller with regard to the delivery of goods.
“Customer”) concludes with the Seller with regard to the goods offered by her in her online store. The inclusion of the Customer’s own terms and conditions is objected to unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur in the
within the meaning of these General Terms and Conditions 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 self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute a binding offer, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the online store of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer enters the order by clicking on the
2.3. the confirmation of the receipt of the order shall be sent to the customer by e-mail. 2.4. the customer may submit the offer via the online order form integrated in the online shop of the seller.
2.3 The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. The Seller may accept the Customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive.
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer shall be decisive.
by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by
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 be deemed to be a rejection of the offer, with the consequence that the
consequence that the customer is no longer bound to his declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions.
mail, fax or letter). However, the text of the contract can no longer be retrieved by the Customer via the Seller’s website after the order has been sent.
2.5 Before submitting a binding 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 to better recognize input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. During the electronic ordering process, the customer can
The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that under this
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 are delivered.
third parties with the order processing can be delivered.
Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Value added tax is not
since the seller is a small business in the sense of the UStG. Any additional delivery and shipping costs are indicated separately in the respective product description.
separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer.
to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions or import duties or taxes. Such costs
may also be incurred in relation to the transfer of funds 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.
from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online store.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out after payment by shipping to the delivery address specified by the customer, unless otherwise agreed. In the
transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company returns the shipped goods to the seller, because a delivery to the customer was not possible, the customer shall bear the costs for the
unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the
acceptance of the offered service, unless the seller had notified him of the service a reasonable time in advance. This does not apply with regard to
costs for the return if the customer effectively exercises his right of revocation. For the return costs shall apply in the event of effective exercise of the right of revocation by the
the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply.
5.3 Self-collection is not possible for logistical reasons.
5.4 Any costs incurred for returns shall be borne by the customer.
6) Retention of title
6.1 If the Seller makes advance payments, it shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
7) Liability for defects (warranty)
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the
be asserted within the statutory period of limitation. However, the reduction of the period of liability to one year shall not apply to
for items which have been used for a building in accordance with their customary use and have caused its defectiveness.
for claims for damages and reimbursement of expenses of the Customer as well as in the event that the Seller has fraudulently concealed the defect.
7.3 The customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller immediately. If the customer does not comply with this, this has no effect on his legal or contractual
on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the Customer
8.1 If, according to the content of the contract, the Vendor is also obliged to process the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Vendor with all content required for the processing, such as texts or graphics, in the specified file formats, formats, and formats.
the specified file formats, formatting, image and file sizes and to grant it the necessary rights of use. The customer alone shall be responsible for procuring and acquiring the rights to this content.
responsible. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed,
in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Vendor against claims of third parties which these may assert in connection with an infringement of their rights by the contractual use of the Customer’s content by the Vendor. The customer
shall also bear the reasonable costs of the necessary legal defense including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is
In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Vendor reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or offend common decency.
9) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the granted
protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) European Online Dispute Resolution Platform
The European Commission provides a platform for online dispute resolution for consumers, which can be found at http://ec.europa.eu/consumers/odr/. For a participation in a dispute resolution procedure before a consumer arbitration board
there is no obligation and I am not willing to do so.
11) FINAL PROVISIONS
11.1 If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer according to § 13 BGB
the customer does not have a place of residence within the European Union, the Seller’s place of business shall be the place of jurisdiction.
11.2 Should individual provisions of the contract between the Customer and the Vendor, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
unless the omission of individual clauses would put one party to the contract at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.