The contractual conditions are regulated below in the context of purchase contracts concluded via this online shop between Hanna Bösselmann, Riedingerstrasse 26 e, 86153 Augsburg and the respective buyer.
§ 1 Scope, definitions
1. The following general terms and conditions apply to the business relationship between the online shop seller (hereinafter “seller”) and the buyer (hereinafter “customer”) in the version valid at the time of the order. Differing conditions from the purchaser will not be recognized unless the seller expressly agrees to their validity.
2. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, Section 14 of the German Civil Code (BGB).
§ 2 Conclusion of contract
If we are talking about goods below, this also includes digital products (digital content or digital services) as well as goods with digital elements - if offered
1. The presentation of the goods in the online shop does not constitute a legally binding offer, but rather only an invitation for the customer to submit an offer. The customer can select goods from the seller's range and add them using the button relating to the shopping cart collect in a so-called shopping cart. Using the button required to conclude the purchase contract, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can go to the page on which his or her data was recorded by clicking the “back” button in the browser. Input errors can be corrected here. The ordering process can be canceled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
2. Confirmation of receipt of the customer's order takes place together with the acceptance of the order immediately after sending by an automated email. The purchase contract is concluded with this email confirmation.
If the customer has chosen a payment method with immediate payment (such as PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the payment instruction is confirmed by the customer. If the customer has chosen the payment method in advance, the contract is concluded when the customer receives a payment request with the relevant bank details before the seller declares acceptance. With this payment request we accept your offer.
3. With the email (confirmation of receipt and acceptance of the order) or in a separate email, but no later than upon delivery of the goods, the contract text and any warranty conditions will be sent to the customer on a durable medium (email or paper printout). The contract text is stored in compliance with data protection. The current terms and conditions of the seller can be viewed by the customer at any time at https://sanuka.de/pages/agb. Past orders can be viewed in the customer area at https://sanuka.de/account.
§ 3 Production of goods according to customer specifications
We do not produce goods according to customer specifications.
§ 4 Beginning of delivery period, delivery, provision of digital content
1. The deadline for delivery begins on the day after the payment order is issued to the transferring credit institution for payment in advance or on the day after the contract is concluded for other payment methods and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
2. Delivery is made to the delivery address specified by the customer.
3. If delivery to the customer was not possible and the transport company sends the ordered goods back to the seller, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had informed him of this a reasonable time in advance .
§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
1. The prices stated on the seller's website include the applicable statutory sales tax.
Focus The online shop offers exclusively to other entrepreneurs, the prices are plus the applicable statutory sales tax.
2. Any shipping and delivery costs incurred will be shown during the ordering process and, unless otherwise stated, are to be borne by the customer.
The following applies to consumers:
3a. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
The following applies to entrepreneurs:
3b. The goods are shipped by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer as soon as the seller has handed over the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment.
§ 7 Payment modalities
1. During the ordering process, the available payment options are displayed to the customer. This can be, for example, payment options such as advance payment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer receives further information. The Seller may determine the payment options available at its sole discretion.
2. Payment of the purchase price is due immediately after conclusion of the contract unless a later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
The following applies to consumers:
2a. Point 2 only applies provided that the customer has been specifically informed of this legal consequence in the invoice or payment statement. In In the event of default, the customer must pay the seller default interest amounting to 5 percentage points above the respective base interest rate.
The following applies to entrepreneurs:
2 B. In the event of default, the customer must pay the seller default interest of 9 percentage points above the base interest rate.
3. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
4. Vouchers can only be redeemed in the seller’s online shop. There is no cash payment or interest. Only one voucher can be redeemed per order. The voucher cannot be used to purchase additional vouchers. If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference. If there is any remaining credit after the voucher has been redeemed, this will automatically be credited to a customer account and can be redeemed for the next purchase. If the customer has not created a customer account, the remaining amount remains on the voucher and can be redeemed with the next purchase. The voucher and any remaining credit can be redeemed until the end of the third year after the date of issue. If the voucher or the remaining credit is not redeemed by then, the credit will expire. The voucher code must be entered in the fields provided before completing the order. It is not possible to subsequently offset the voucher. The voucher is not personal and therefore transferable, so that the seller can make a payment to the respective voucher holder with a discharging effect. This does not apply if the holder redeeming the voucher was not authorized and the seller knew this or was grossly negligent in not knowing this. In the event of a cancellation by the customer, the redeemed value will be credited back to the voucher or - if created - to the customer account. The voucher is made available to the customer as contractually agreed, for example via download.
5. Promotional vouchers are issued free of charge and only have a limited period of validity. The customer takes this from the respective voucher. The voucher can only be redeemed in the seller's online shop during this period and only for the goods in the promotion. The balance of a promotional voucher will neither be paid out in cash nor interest. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. It is not possible to subsequently offset the voucher. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference. The voucher is not personal and therefore transferable, so that the seller can make a payment to the respective voucher holder with a discharging effect. This does not apply if the holder redeeming the voucher was not authorized and the seller knew this or was grossly negligent in not knowing this. If goods paid for with the voucher are returned in the event of cancellation, there is no entitlement to a refund of the voucher. The voucher is made available to the customer as contractually agreed, for example via download.
§ 8 Warranty for material defects, guarantee
1. Statutory warranty rights apply to all goods from the seller's shop. The seller is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.
2. The warranty obligation for entrepreneurs on newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for seller recourse according to Section 445a BGB remain unaffected.
3. If there is a guarantee for individual items, this will be expressly stated in the item description. The details can be found in the respective guarantee conditions.
§ 9 Liability
1. Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the seller is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 10 Right of withdrawal
If the customer is a consumer, he or she has a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy.
§ 11 Information on data processing
Data protection is particularly important to us. You can therefore find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
The seller has subjected himself to the testing criteria of Gepruefter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkritik_Stand_05.2018.pdf.
§ 13 Force Majeure Clause
1. In the event of force majeure, the seller cannot guarantee the proper functioning of the online shop.
2. Force majeure includes all unforeseeable events that - to the extent that they could have been foreseen - are beyond the control of the provider or the participant.
Such events also include: natural disasters such as floods, storm surges, hurricanes and other severe weather events on the scale of a catastrophe, earthquakes, lightning strikes, avalanches and landslides, fires, plagues, pandemics, epidemics and infectious diseases (if approved by the WHO or a public organization proclaimed and classified to a danger level of at least “moderate”), war or war-like conditions, internal unrest, military or unlawful seizure of power, official and government orders, strikes and lockouts, fire, explosive ordnance disposal or similar.
3. If such an event occurs, the functionality of the online shop may be restricted or stopped due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller for the duration of the event.
Buyers are obliged to inform the seller immediately, but at the latest after 14 days, if an order remains unanswered and/or unprocessed but the buyers want to stick to the order. This information must be given in writing by email or letter, in any case in a manner that ensures that the seller receives the information letter.
4. After receiving information about the incorrect or failed order, the seller will contact the provider to either confirm or reject the order. However, due to unforeseeable events, he cannot guarantee that the ordered product(s) will reach the customer within the specified delivery time. If delivery is not possible within six months of the occurrence of the event, the seller must reimburse the buyer the purchase price including shipping costs, unless both parties have agreed otherwise. There are no other claims for compensation or payment against the seller.
5. The restrictions in paragraph 4 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
6. Both parties, seller and buyer, undertake to do everything possible to reach an amicable agreement.
§ 14 Dispute resolution procedure (if the customer is a consumer)
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr
The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
§ 15 Final provisions
1. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. For orders from consumers from abroad, mandatory regulations or the protection granted by judicial law in the respective country of residence remain in effect and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
3. The contract language is German.
These terms and conditions were created by the contract lawyers at TISKO Consulting GmbH (https://www.Gepruefter-Webshop.de) and are subject to copyright protection. Any use other than that specified in the contract or copying and unauthorized use of the texts is not permitted and constitutes a copyright infringement that will be punished legally.