Terms and condition
Table of Contents
- scope of application
- conclusion of contract
- prices and terms of payment
- delivery and shipping conditions
- liability for defects
- applicable law, place of jurisdiction
1) Scope of application
1.1 These terms and conditions of Barbara Pluskat (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may 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), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
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by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the Customer and shall end at the end of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be retrieved by the customer via the seller's website after the order has been sent.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that 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 by the seller to process the order can be delivered.
3) Prices and terms of payment
3.1 The prices stated by the Seller are total prices. Value added tax is not shown, as the seller falls under the small business regulation. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 Various payment options are available to the Customer, which are indicated in the Seller's online store.
3.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
3.4 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.
3.5 If the payment method direct debit is selected, the invoice amount is due immediately upon conclusion of the contract.
If the payment method direct debit via Stripe is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the Customer's bank account after issuing a SEPA Direct Debit Mandate, but not before the expiry of the Pre-Notification period on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.
4) Delivery and shipping conditions
4.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass when the goods are handed over for shipment or when they are handed over to the commissioned transport person.
4.4 Self-collection is not possible for logistical reasons.
5) Liability for defects
The statutory liability for defects shall apply.
6) Applicable law, place of jurisdiction
6.1 If the customer is acting as a consumer, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
6.2 If the Customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the Seller.