AGB
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents
1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Olivia Morasch (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the customer's own terms is hereby objected to unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activities. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, at the conclusion of a legal transaction, acts in the exercise of their commercial or self-employed professional activities.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from 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 into the Seller's online shop. 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 regarding the goods in the shopping cart by clicking the button concluding 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 email), in which case the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- requesting payment from the customer after placing the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the dispatch 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 consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects a payment method offered by PayPal during the online ordering process, the Seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.
2.5 When selecting the "Amazon Payments" payment method, the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), under the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button concluding the ordering process. In this case, the Seller already declares acceptance of the customer's offer at the time the customer triggers the payment process by clicking the button concluding the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax, or letter) after their order has been sent. Further access to the contract text by the Seller is not provided. If the customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.7 Before 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, which enlarges the display on the screen. The customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.8 Only the english language is available for the conclusion of the contract.
2.9 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the Seller's online shop.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, provided the parties have not agreed on a later due date.
4.4 When selecting the "SOFORT" payment method, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT," the customer must have an online banking account that is activated for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately afterward by "SOFORT" and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.5 When selecting a payment method offered via the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the Seller's online shop. Stripe may use additional payment services to process payments, for which special payment conditions may apply, to which the customer may be separately referred. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.6 When selecting a payment method offered via the "Klarna" payment service, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found in the payment information of the Seller, available at the following Internet address:
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. However, when selecting the PayPal payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If delivery fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply regarding the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For the return costs, the provisions of the Seller's withdrawal policy apply if the customer effectively exercises their right of withdrawal.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of Title
If the Seller makes an advance delivery, they retain 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 statutory provisions of liability for defects apply.
7.2 If the customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. If the customer fails to comply, this does not affect their statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided a corresponding restriction results from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible
.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The 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.
8.7 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller can be chosen to settle the difference.
8.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.10 The promotional voucher is intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
9) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
10.1 The 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 point of entry for out-of-court settlements of disputes arising from online sales or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.