2. Offers and service descriptions
3. ordering process and conclusion of contract
5. delivery, availability of goods
6. Terms of payment
7. reservation of ownership
8. Warranty against defects and guarantee
10. registration of the contract text
11. final provisions
1. scope of application
1.1 The business relationship between Inderjit Kaur Kaethe Kollwitz Ufer 39, 01307 Dresden (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following general terms and conditions of business in the version valid at the time of the order.
1.2 You can contact our customer service department for any questions, complaints or claims on working days from 6:00 am to 6:00 pm by e-mail at firstname.lastname@example.org.
1.3 For the purposes of these General Terms and Conditions of Business, a "consumer" is a natural person who concludes a legal transaction for purposes that are essentially not related to his or her commercial or independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognised unless the seller expressly accepts their validity.
2. Offers and descriptions of services
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. The descriptions of services in the catalogues and on the websites of the seller do not constitute an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise stated on the products. Errors are also reserved.
3. Ordering process and conclusion of the contract
3.1 The customer can select products from the seller's range without obligation and put them together in a so-called shopping basket by clicking on the "Add it to the shopping cart" button. Within the shopping basket, the product selection can be changed, e.g. deleted. The customer can then complete the ordering process within the shopping cart by clicking on the "Proceed to checkout" or "Check out" button.
3.2 By clicking on the button "Order with payment obligation", the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time, return to the shopping basket using the browser's "back" function or cancel the entire ordering process. Mandatory data are marked with an asterisk (*).
3.3 The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute an acceptance of the request. The contract of sale shall only be concluded if the Seller has dispatched a second e-mail, an express order confirmation or by sending the invoice.
3.4 If the Seller allows advance payment, the contract shall be concluded as soon as the bank details and the request for payment are made available. If, despite the due date, payment has not been received by the Seller, even after a new request, within 10 calendar days of the dispatch of the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall have no obligation to deliver. The order shall then be settled without any further consequences for the buyer and the seller. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.
4.1 The stated price is a final price. In accordance with § 19 of the VAT Act, we do not charge sales tax and therefore do not indicate this either (small business status).
5. Delivery, availability of goods
5.1 If prepayment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. In this case, any payments made shall be refunded to the customer immediately.
5.3 If the product ordered is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall immediately inform the customer and, if necessary, offer him a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any consideration already provided.
5.4 Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or in the description of the product concerned.
6. Payment terms
6.1 The customer can choose from the available payment methods within and before the end of the order process. Customers are informed of the available payment methods on a separate information page.
6.2 If payment is possible by invoice, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance and without deduction.
6.3 If third-party service providers are responsible for processing payments, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date for payment is set according to the calendar, the customer is already in default if the due date is not met. In this case, the customer must pay the statutory default interest.
6.5 The customer's obligation to pay interest on arrears does not exclude the seller's claim for further damages due to delay.
6.6 The customer shall only be entitled to a right of set-off if his counterclaims have been established by a final and binding court decision or if they have been recognised by the seller. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1 The warranty is determined by the statutory provisions.
8.2 Goods delivered by the seller are only covered by a guarantee if this has been expressly granted. Customers shall be informed of the warranty conditions before the order process is initiated.
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other legal conditions of eligibility.
9.2 The seller's liability is unlimited insofar as the cause of the damage is intentional or due to gross negligence.
9.3 In addition, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The aforementioned limitations of liability shall not apply in the event of injury to life, limb or health, in the event of defects after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the Product Liability Act remains unaffected.
9.5 Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the text of the contract
10.1 The customer may print out the text of the contract before placing the order with the seller by using the print function of his browser in the last step of the order.
10.2 In addition, the Seller shall send the customer an order confirmation containing all order data to the e-mail address provided by the customer. With the order confirmation, or at the latest upon delivery of the goods, the customer shall also receive a copy of the General Terms and Conditions, including information on the right of withdrawal and details of shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile. In addition, we save the contract text, but do not make it available on the Internet.
11. Final provisions
11.1 The place of jurisdiction and performance shall be the seller's registered office if the customer is a merchant, a legal person under public law or a special fund under public law.
11.2 The language of the contract is French.
11.3 The European Commission's platform for online dispute resolution (OS) for consumers is http://ec.europa.eu/consumers/odr/. We are not prepared to participate in a dispute resolution procedure before a consumer conciliation body and are not obliged to do so.