Terms and conditions & cancellation policy.------------------------------------------------- ------
General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of Title
7. Liability for defects (warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of the Diana Vasic (hereinafter referred to as the "Vendor") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the Customer) has concluded with the Vendor with regard to the terms of the Seller Online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these T & Cs is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking on the button that concludes the ordering process.
2.3 The 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, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing takes place via 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 application of the PayPal Terms of Use, which can be viewed at https://eur03.safelinks.protection.outlook.com/?url= https%3A%2F%2Fwww.paypal.com%2Fde%2Fwebapps%2Fmpp%2Fua%2Fuseragreement-full&data=05%7C01%7C%7C08026c22e31a4d07b92b08db6992d83b%7Cd04f47175a6e4b98b3f96918e0385f4c%7C0%7C0%7C638219851661845531%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C% 7C% 7C & sdata = cXGBE5mZBwAC8bH02RbfbFETvEFbPVxlxqvADMIwjJY% 3D & reserved = 0 or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, viewable at https://eur03.safelinks.outlook.com/ url=https%3A%2F%2Fwww.paypal.com%2Fde%2Fwebapps%2Fmpp%2Fua%2Fprivacywax-full&data=05%7C01%7C%7C08026c22e31a4d07b92b08db6992d83b%7Cd04f47175a6e4b98b3f96918e0385f4c%7C0%7C0%7C638219851661845531%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiL CJBTiI6Ik1haWwiLCJXVCI6Mn0% 3D% 7C3000% 7C% 7C% 7C & sdata = CH8AIygdgQy0i1lsW% 2BP43BgIgcDV81iSSF9ecoDNSHQ% 3D & reserved = 0. If the customer pays using a payment method offered by PayPal that can be selected in the online order process, the seller already declares the acceptance of the customer's offer at the time the customer clicks on the button to complete the order process.
2.5 When submitting an offer via the online order form of the seller, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending the order. Any further disclosure of the contract text by the seller does not take place.
2.6 Before the binding submission of the order via the online order form of the seller, 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 browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at 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 with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise specified in the seller's product description, the prices indicated are total prices. Sales tax is not reported because the seller is a small business owner within the meaning of the VAT Act. Where applicable, additional delivery and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 money transfer 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.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.secupay.ag%2F&data=05%7C01%7C%7C08026c22e31a4d07b92b08db6992d83b%4b7987%% 7C638219851661845531%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=hZCe6kniCq2CmhcpL6iBgRvs22%2FTJImK6K6bt7cYLBE%3D&reserved=0) an die der Anbieter seine Zahlungsforderung abtritt. Secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order is sent in the online shop. Even if the payment method credit card payment is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.
4.6 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as Stripe). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place via the dispatch route 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.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return shipping costs, the provisions made in the vendor's cancellation policy apply to the effective exercise of the right of withdrawal.
5.3 Collection by the customer is not possible for logistical reasons.
6) Reservation of title
If the seller makes an advance payment, he reserves the right to ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Applicable law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
