Payment / Terms / Delivery
Contractual conditions in the context of purchase contracts, which are negotiated via the platform between Nicole Knese, Redlingerstr. 1, 49074 Osnabrück - hereinafter referred to as the "Provider" - and the customer specified in § 2 of the Agreement - hereinafter referred to as the "Customer".
SHOP POWERED BY SHOPIFY
§ 1 Scope, Definitions
For the business relationship between the Webshop Provider (hereinafter "Provider") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating terms and conditions of the customer are not accepted, unless the supplier expressly agrees to their validity in writing.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 Conclusion of contract
The customer can select products from the assortment of the supplier and collect them via the button "ADD TO CART" in a so-called shopping cart. Via the button "PURCHASE" he makes a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the "back button" in the browser on the page on which his data has been recorded. Input errors can be corrected here. By closing the internet browser, the order process can be aborted. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "I accept the terms and conditions" and thereby included in his application.
The confirmation of the receipt of your order is made together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the purchase contract came about.
§ 3 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 4 Shipping: Prices and shipping costs
The prices indicated on the website of the provider are final prices plus shipping costs.
All prices, which are indicated on the website of the offerer, are inclusive of the in each case valid legal value added tax.
The dispatch of the goods takes place by post. The shipping risk is borne by the provider if the customer is a consumer.
Shipping Partners: DHL und DPD
The delivery time is about. 3-5 working days (EU)
§ 5 Payment Methods
The customer can make the payment by the following methods: Vorkasse, Sorfortüberweisung, Kreditkarte, PayPal.
The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
Credit Card: Payment by credit card is via SHOPIFY PAYMENTS - Stripe.
The Baroesta Webshop has been designed to serve international customers; worldwide shipping is possible from now on. The amount of shipping depends on the time of purchase depending on the region / country of the order.
Free shipping within Germany is granted with an order value over 50 €.
§ 6 Warranty
For all goods from our shop, the statutory warranty rights exist.
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
An additional guarantee exists with the goods supplied by the offerer only if this was expressly delivered in the order confirmation to the respective article.
§ 7 Liability
Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
§ 9 Final Provisions
The law of the Federal Republic of Germany applies to contracts between the supplier and the customer under exclusion of the UN sales law.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
§ 10 Right of Withdrawal
You have the right to withdraw from 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 or has taken possession of the first goods. To exercise your right of withdrawal, you must contact us
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we will provide you with all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the one we offer Standard delivery), immediately and no later than fourteen days from the date on which the notification of your cancellation of this contract has been received by us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may 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 the goods to us immediately and in any event not 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 the goods before the deadline of fourteen days. We bear the cost of returning the goods. You only have to pay for a possible loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Since: November 2017