Terms of service
Terms and Conditions
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders placed with the online shop of
overlay official owner Agnes Kotulla
Owner: Agnes Kotulla
(2) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
(3) The contract language is exclusively German.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button "Order now with payment" / "Check Out"] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not closed yet through the confirmation of receipt.
(4) A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you without a prior express declaration of acceptance. Exception: with payment in advance and PayPal, the order is accepted immediately with your order.
§ 3 Prices
According to § 19 UstG, the prices stated on the product pages do not include any statutory value added tax and do not include shipping costs.
§ 4 Terms of Payment; Delay
(1) Payment is made either:
Invoice, instant transfer, credit card, Shopify pay, apple pay, google pay, prepayment or Paypal. Sofort
(2) We are responsible for selecting the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment.
(3) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). Your credit card account will actually be debited when we send the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(6) If you are in arrears with a payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the default occurs, unless a lower or higher damage is proven in individual cases.
§ 5 Offsetting / Right of Retention
(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is closely synallagmatically related to our claim.
(2) You can only claim a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified.
(2) Delivery is only made in quantities customary in the household.
(3) The goods remain our property until the purchase price has been paid fully.
(4) In exceptional cases, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but were not delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this immediately. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies to the ordering of goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(5) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
- We committed to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. It is our responsibility to select the collateral to be released.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make a purchase for purposes that cannot be attributed to either your commercial or your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must contact us
First and Last Name:
inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*): ... .. with the following order number (*)
Ordered on (*) / received on (*) Name of the consumer (s): Address of the consumer (s):
Signature of the consumer (s) (only for notification on paper) Date
(*) Delete where inapplicable.
End of cancellation notice
(1) The right of withdrawal does not exist
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) or
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against transport damage in order to avoid claims for damages due to damage due to defective packaging.
(3) Please note that the modalities mentioned in paragraph 2 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport Damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the liability for warranty claims for used items is one year - in deviation from the statutory provisions. This limitation does not apply to claims based on damage from injury to life, limb or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the legal provisions apply, in particular the two-year limitation period in accordance with. Section 438 (1) no.3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
- You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of our choice through rectification or replacement delivery (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can request a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.
(2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which typically must be expected to arise. This limitation of liability also applies to our vicarious agents.
(3) We are not liable for the functionality of data networks, servers or data lines to our data center and the constant availability of our online shop.
§ 11 Disclaimer for Third Party Content
Insofar as our Internet shop has referred to or linked to third-party websites, we assume no liability or liability for the correctness or completeness of the content and the data security of these websites. Since we have no influence on third-party compliance with data protection regulations, we recommend that you check the respective data protection declarations of the third-party provider separately before using their offer.
§ 12 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with your online order without involving a court. The dispute settlement platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
§ 13 Final Provisions
- (1) Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
2. (2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.
3. (3) If you are a businessman, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of February, 2019
These general terms and conditions are based on a contract model from HÄRTING Rechtsanwälte.