General Terms and Conditions with Customer Information
Table of contents
- Area of validity
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital contents
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Karolin Kracht (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2These GTC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4Digital contents in the sense of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of contract
2.1The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but are used for the submission of a binding offer by the Customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3The 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.
2.4When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General 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 providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.5Before submitting a binding 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 display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6Only the German language is available for the conclusion of the contract.
2.7Order processing and contacting usually take place via e-mail and automated order processing. The customer has to make sure that the e-mail address given by him for order processing is correct, so that e-mails sent by the seller can be received under 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 by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of revocation.
3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear 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 the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer a reasonable amount of advance notice. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3Self-collection is not possible for logistical reasons.
5.4Digital contents are provided to the customer exclusively in electronic form as follows:
- by download
6) Granting of rights of use for digital contents
6.1Unless otherwise stated in the description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted, unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.
7) Retention of title
If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4Several promotional vouchers can be redeemed for one order.
9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9The promotional voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Alternative Dispute Resolution
11.1The EU Commission provides a platform for online dispute resolution on the Internet at 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 involving a consumer.
11.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.