These terms of service (hereafter TOS) apply to all contracts about the delivery of goods, which a consumer or contractor (hereafter "customer") closes with the seller in regard to the featured products in our online shop. Hereby we contradict to any terms provided by the customer, unless something different has been agreed upon.
Consumer is every individual, who concludes a deal which can not be considered in his / her commercial / professional interest. Contractor is either an individual or juridical person or company, who concludes a deal for his / her / its commercial or professional interest.
The purchase agreement is being made with Elena Beresnjak, Beustereck 4, 31199 Diekholzen, Germany (hereafter "seller").
Product descriptions in the online shop of the seller do not constitute a binding offer by the seller, but serve as an incentive for the customer to make a binding offer.
The customer can submit the offer through the purchase order form (namely checkout) provided by the Website. After adding the wanted goods to the virtual cart and going through the checkout process, the customer makes a legally binding contract offer relating to the goods included in the cart by clicking the button which completes the checkout process. In the following the customer will receive an automatic email about the receipt of the order. This receipt confirmation does not lead to the conclusion of contract yet.
The acceptance of the offer (and thereby conclusion of contract) takes place separately, either in textual form by confirming the processing of the order or by delivery of the goods.
Should the customer not receive an order confirmation or the goods within 7 days, he / she is not tied to his / her order any more. In this case already performed services (namely payments) will be refunded immediately.
Consumer are generally entitled to a right of revocation. You can read more about the right of revocation in the return policy.
Unless otherwise stated in the seller's product description, the prices quoted are total prices which do not include VAT (based on § 19 UStG, also known as "Kleinunternehmerregelung" or "Small business regulation"). Any additional delivery and shipping costs will be stated separately in the respective product description.
For 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. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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.
The payment option(s) will be communicated to the customer in the seller's online shop.
Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance.
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
If the purchased item is defective, the provisions of statutory liability for defects shall apply.
The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.