TERMS OF SERVICE
I. General terms and conditions
§ 1 basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Marcell Hüttner) via the website www.pompomyourlife.de/shop. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and are not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use the "PayPal - Express" instant payment system by clicking the button labeled in the shop system, you will be redirected to the PayPal login page. After successful registration, your address and account data stored with PayPal will be displayed. With the button "continue" you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the option to check all the information again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the button "order with payment" you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also affects the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
§ 4 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you are now assigning to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim yourself.
c) When the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.
§ 5 warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are asked to immediately check the item for completeness, obvious defects and transport damage upon delivery and to report complaints to us and the freight forwarder as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) As far as you are an entrepreneur, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the condition of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty of our choice through rectification or subsequent delivery. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The remedial measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we maliciously concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- for statutory recourse claims that you have against us in connection with rights to defects.
§ 6 choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability).
(2) The provisions of the UN sales law expressly do not apply.
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II. Customer information
1. Identity of the seller
Marcell Hüttner
Moltkestr. 22
31135 Hildesheim
Germany
Telephone: 05121 9320475
Email: info@pompomyourlife.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.)
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before the order is sent via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you have a request for a quote outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the Buyer Seal Quality Criteria of Trader Association Management AG and with it the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskonto.pdf and https: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Prices and payment arrangements
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
6.3. If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as Customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) to be borne by you. You will also have to bear the costs of the money transfer in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Statutory liability for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the lawyers of the retailer association who specialize in IT law and are constantly checked for legal conformity. The Dealer Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017
Right of Withdrawal
(A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.)
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day,
- on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided you have ordered one or more goods as part of a single order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must contact us (Marcell Hüttner, Moltkestr. 22, 31135 Hildesheim, telephone number: +49 (0) 5121 9320475, email address: info@pompomyourlife.de) by means of a clear declaration (e.g. one with the Letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not exist for contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the contract was concluded and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Marcell Hüttner, Moltkestr. 22, 31135 Hildesheim, email address: info@pompomyourlife.de:
- I / We (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
(*) Delete where inapplicable.
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