Terms of Service

 

Content

 

1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Redeeming gift certificates

9. Choice of law, place of performance, place of jurisdiction

10. Alternative dispute resolution

11. Contract Language

 

1. Scope

 

1.1 These general terms and conditions (hereinafter "GTC") of Claudia Delissen, acting under "Atelier Claudia Delissen" (hereinafter "seller"), apply to all contracts for the delivery of goods with which a consumer or entrepreneur (hereinafter "customer") is involved the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.

 

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

 

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

 

 

2. Conclusion of contract

 

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

 

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.

 

2.3 The seller can 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 customer's receipt of the order confirmation is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

 

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

 

2.5 Before the binding submission of the 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 for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of 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 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the 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 by third parties commissioned to process the order can be delivered.

 

 

3. Right of withdrawal

 

3.1 Consumers are generally entitled to a right of withdrawal.

 

3.2 More detailed information on the right of cancellation 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 given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

 

4.2 The payment option (s) is / are communicated to the customer in the seller's online shop.

 

4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.

 

 

5. Delivery and shipping terms

 

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.

 

5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears 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 service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

 

5.3 Collection by the customer from the studio is possible by making an appointment.

 

5.4 Vouchers are given to the customer as follows:

- by email

 

 

6. Reservation of title

 

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

 

7. Liability for defects (warranty)

 

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

 

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

 

 

8. Redeeming gift certificates

 

8.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

 

8.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

 

8.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

 

8.4 Several gift vouchers can be redeemed for one order.

 

8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

 

8.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

 

8.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.

 

8.8 The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

 

 

9. Choice of law, place of performance, place of jurisdiction

 

9.1 German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

 

9.2 The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

 

9.3 The provisions of the UN Sales Convention expressly do not apply.

 

 

10. Alternative dispute resolution

 

10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

 

10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11. The contract language ist German.