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Download or print the terms and conditions
1. General
1.1. The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of Janina Maria Sendner, Annabrunner Str. 17, 81673 Munich (hereinafter: SELLER) under the domain www.janinatrachten.de.
1.2. These General Terms and Conditions contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are identified by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code.
1.3. The SELLER does not accept any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.
2. Conclusion of contract
2.1. The CUSTOMER can place the desired items in the shopping cart by clicking the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the required contact information for shipping and payment and complete the order by clicking the "Buy" button.
2.2. The CUSTOMER can correct input errors, especially items placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.
2.3. The presentation of products in the SELLER's online shop merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the items contained in the shopping cart. The SELLER will immediately confirm receipt of the order by email. The automated order confirmation from the shop system does not constitute a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the inventory by sending a separate declaration of acceptance by email or by dispatching the goods within a period of 5 days or 3 working days after the order. The purchase contract is only concluded with this separate declaration of acceptance or with receipt of the goods within the aforementioned period. Invoicing is equivalent to a declaration of acceptance.
2.4. The purchase contract is concluded with Janina Maria Sendner, Annabrunner Str. 17, 81673 Munich
2.5. The contract language is German.
3. Storage of contract text
The contract text will be saved by the SELLER. The order details will be sent to the CUSTOMER separately in text form (email). The General Terms and Conditions can also be accessed and printed in the online shop.
4. Prices and shipping costs
4.1. The prices valid on the day of the order, as displayed in the online shop, apply.
4.2. The prices displayed in the online shop are in euros and include VAT.
4.3. The prices displayed in the online shop do not include shipping costs for packaging and postage. Shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before placing the order.
4.4. For all orders/deliveries abroad, a flat shipping fee will be charged according to the shipping costs table available in the online shop. The flat shipping fee for international shipments is also visible in the shopping cart before submitting the order.
4.5. In individual cases, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.
5. Payment terms
5.1. The SELLER only accepts the payment methods offered during the ordering process in the online store. The CUSTOMER selects his or her preferred payment method from the available payment methods.
5.2. If a delivery is made cash on delivery, the CUSTOMER must pay the purchase price plus any applicable delivery and shipping costs in cash to the shipping company at the time of delivery. The cash on delivery fee will be communicated in the shipping costs breakdown.
5.3 If a delivery is made against advance payment by bank transfer, the CUSTOMER has to pay the purchase price
plus any applicable delivery and shipping costs to the seller prior to delivery. Delivery will take place after receipt of the full invoice amount in the SELLER's account.
5.4. If payment is made by direct bank transfer, the CUSTOMER must have an activated online banking account.
Account with PIN/TAN procedure. At the end of the ordering process, the CUSTOMER will be asked to enter their account number, bank sort code, PIN, and TAN in the form pre-filled by the SELLER (bank details, transfer amount, purpose of payment). Immediately afterwards, the CUSTOMER will receive confirmation of the transaction.
5.5. If payment is made via PayPal, the CUSTOMER must have a PayPal account and authenticate themselves with their login details. The CUSTOMER must then complete the PayPal payment process and confirm the payment to the SELLER.
6. Delivery and shipping conditions – Information on calculating the delivery date
6.1 Unless otherwise agreed with the CUSTOMER, the goods shall be delivered to the delivery address provided by the CUSTOMER in the order.
6.2. The delivery time is specified separately for each item or in the product description on the item page.
6.3. The delivery time stated on the product page begins, in the case of advance payment, on the working day following the CUSTOMER’s payment order to the transferring credit institution, or, in the case of all other payment methods, on the working day following the day on which the contract is concluded.
6.4. For deliveries to businesses, the risk of accidental loss and accidental deterioration of the sold item passes upon handover to the business owner or an authorized recipient, or in the case of mail-order sales, upon delivery of the goods to a suitable carrier. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods to the consumer in accordance with Section 446 of the German Civil Code (BGB). With regard to the transfer of risk, it is equivalent to handover if the CUSTOMER defaults on acceptance.
6.5. Orders and deliveries are only offered in and to Germany and to the countries specified in the online shop and/or in the shipping costs table.
6.6 In case of delivery delays, the SELLER will inform the CUSTOMER immediately.
7. Retention of title
7.1 The SELLER reserves ownership of the goods sold until full payment of the purchase price.
7.2. The goods subject to retention of title may not be pledged or assigned by the CUSTOMER as security to third parties until the secured claims have been paid in full. The CUSTOMER must immediately notify the SELLER in writing if and to the extent that third parties gain access to the SELLER's goods.
7.3. In the event of breach of contract by the CUSTOMER, in particular non-payment of the purchase price due, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and demand the return of the goods subject to retention of title and withdrawal. If the CUSTOMER fails to pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER has previously been granted a reasonable period of time for payment without success, or if such a period of time is dispensable under the statutory provisions.
8. Warranty/Liability for Defects/Duty to Give Notice
8.1. The rights in the event of defects in the purchased item are governed by the statutory provisions.
8.2. Claims for defects by BUSINESSES require that the BUSINESSES have properly fulfilled their obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) in writing within 14 calendar days of receipt of the goods. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
8.3. The limitation period for claims for defects by BUSINESSES is 12 months, calculated from the transfer of risk to the BUSINESSES. This shortened warranty period does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
9. Liability
9.1. The CUSTOMER's claims for damages or reimbursement of wasted expenses against the SELLER are governed by these provisions, outside the scope of warranty law, regardless of the legal nature of the claim.
9.2. The SELLER's liability is excluded – regardless of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, representatives, or vicarious agents. To the extent that the SELLER's liability is excluded or limited, this also applies to the personal liability of the SELLER's employees, representatives, or vicarious agents. The SELLER's liability under the Product Liability Act remains unaffected (Section 14 of the Product Liability Act).
9.3. The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health that are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
9.4. If the SELLER negligently breaches a material contractual obligation, i.e., an obligation whose compliance is of particular importance for achieving the purpose of the contract (material contractual obligation or cardinal obligation), liability is limited to the damage typically incurred, i.e., to such damages as must typically be expected within the scope of the contract. A material contractual or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely.
10. Data storage and data protection
Only the data protection provisions of the privacy policy on the website apply
www.janinatrachten.de .
11. Final provisions
11.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the SELLER in 81673 Munich.
11.4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany, or if his or her place of residence or habitual abode is unknown at the time the action is filed. The SELLER's right to also bring the case before a court at another legal place of jurisdiction remains unaffected.[/vc_column_text][/vc_column][/vc_row]
