Cactus patch

Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you enter into with us as the supplier (Snaply GmbH) via the Etsy sales platform. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby excluded.

(2) For the purposes of the following provisions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. A trader is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject matter of the contract is the sale of goods.

(2) Simply by listing the relevant product on our website, we are making you a binding offer to conclude a contract on the terms set out in the product description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods you intend to purchase are placed in the ‘shopping basket’. You can access the ‘shopping basket’ via the relevant button in the navigation bar and make changes there at any time.
After proceeding to the “Checkout” page and entering your personal details as well as the payment and delivery terms, all order details are displayed once more on the order summary page.
If you choose an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken to the order summary page within our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the relevant instant payment system, you will make the appropriate selection or enter your details there. You will then be redirected back to the order summary page in our online shop.
Before submitting your order, you have the option to review all the details here once more, make changes (including via your web browser’s ‘Back’ function) or cancel the purchase.
By submitting your order via the ‘Buy’ button, you are legally bound to accept the offer, thereby concluding the contract.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty

(1) The statutory rights in respect of liability for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all obligations arising from business relationships with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a trader, a legal person 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 place of residence or habitual residence is unknown at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

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II. Customer Information

1. Identity of the Seller

Snaply GmbH
Managing Director: Simon Hönnebeck
Adolph-Kolping-Straße 7
85356 Freising

Email: service@snaply.de

Telephone: 08161/4925990

Fax: 08161/4925136

VAT No.: DE 30120225
Registered at: Munich Local Court, HRB 22019

Sales via the Etsy platform.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions on ‘Conclusion of the Contract’ in our General Terms and Conditions (Part I).

3. Language of the contract, storage of the contract text

3.1. The language of the contract is German.

3.2. We do not store the full text of the contract. Before submitting your order via the online shopping basket system, you may print out the contract details using your browser’s print function or save them electronically. Once we have received your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Key features of the goods or services

The essential characteristics of the goods and/or services are set out in the relevant offer.

5. Prices and payment terms

5.1. The prices stated in the relevant offers, as well as the delivery charges, represent total prices. They include all price components, including any applicable taxes.

5.2. The applicable delivery charges are not included in the purchase price. These can be viewed via a button labelled accordingly on our website or in the relevant offer; they are shown separately during the ordering process and are to be borne by you in addition to the purchase price, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which are to be borne by you. You are also responsible for any money transfer costs incurred in cases where the delivery is made to an EU Member State but the payment was initiated from outside the European Union.

5.4. The payment methods available to you are listed under a button with the corresponding label on our website or in the relevant offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the goods sold during dispatch is not transferred to you until the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or any other person designated to carry out the dispatch.

7. Statutory Liability for Defects

Liability for defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been drawn up by lawyers at Händlerbund specialising in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and accepts liability in the event of formal warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last updated: 7 December 2017