General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Marlene Busch Zoilo, trading under „Makidy Muttermilchschmuck“ (hereinafter referred to as "we/us"), apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter referred to as „you/you“) conclude with us with regard to the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that cannot be attributed primarily to your commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but are intended for the submission of a binding offer by you.
2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, you submit a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive in this respect, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by asking you to pay after placing your order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day following the dispatch of your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed 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"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via our company's online order form, the text of the contract will be saved by us after the contract is concluded and sent to you in text form (e.g. email, fax or letter) after your order has been sent. We will not make the text of the contract accessible beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via our online order form, you can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the magnification function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the button that finalises the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process your order can be delivered.
3) Right of withdrawal
3.1 Consumers have a basic right of withdrawal.
3.2 Further information on the right of cancellation can be found in our cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. 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 transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 You will be informed of the payment option(s) in our online shop.
4.4 If you select a payment method offered via the „PayPal“ payment service, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which we make advance payments to you (e.g. purchase on account or payment by instalments), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, cancellation notices and returns or credit notes.
4.5 If you select a payment method offered via the „Stripe“ payment service, the payment will be processed 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 Stripe will be communicated to you in our online shop. Stripe may use other payment services to process payments, which may be subject to special payment terms and conditions to which you may be informed separately. Further information about Stripe can be found on the Internet at https://stripe.com
5) Delivery and shipping conditions
5.1 If we offer to dispatch the goods, delivery will be made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for processing the transaction.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of cancellation. If you effectively exercise your right of cancellation, the provision in our cancellation policy applies to the return costs.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to you when the goods are handed over to you or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and we have not previously named this person or organisation to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided as follows:
- by e-mail
- postal
6) Retention of title
If we make advance payment, we reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.1 You act as an entrepreneur,
- we have the choice of the type of subsequent fulfilment;
- the limitation period for warranty rights for new goods is one year from delivery of the goods;
- the warranty rights are excluded for used goods;
- the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.
7.2 The limitations of liability and time limits set out above shall not apply to
- for your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods which have been used in accordance with their normal use for a building and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, the statutory limitation periods for any statutory recourse claim shall remain unaffected for entrepreneurs.
7.4 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If you fail to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If you are acting as a consumer, you are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you fail to do so, this will have no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If we negligently breach a material contractual obligation, our liability shall be limited to the foreseeable damage typical of the contract, unless we are liable without limitation in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely.
8.3 Any further liability on our part is excluded.
8.4 The above liability provisions shall also apply with regard to our liability for our vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, in addition to the delivery of goods, we also owe you the processing of the goods according to certain specifications, you must provide us with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by us and grant us the necessary rights of use. You are solely responsible for the procurement and acquisition of rights to this content. You declare and assume responsibility for the fact that you have the right to use the content provided to us. In particular, you shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
9.2 You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights through the contractual use by us of the content made available to us by you. You shall also assume the necessary costs of legal defence, including all court and legal fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
9.3 We reserve the right to refuse processing orders if the content you provide for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers that we issue free of charge as part of promotions with a specific validity period and that you cannot purchase (hereinafter referred to as "promotional vouchers") can only be redeemed in our online shop and only during the specified period.
10.2 Promotional vouchers can only be redeemed by you as a consumer.
10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.
10.4 Promotion vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.5 You can only redeem one promotional voucher per order.
10.6 If our promotional voucher refers to a specific value and not a percentage discount, the value of your goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us.
10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to pay the difference.
10.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
10.9 The promotional voucher will not be refunded if you return the goods paid for in full or in part with the promotional voucher within the scope of your statutory right of cancellation.
10.10 The promotional voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via our online shop (hereinafter referred to as "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to you until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift Vouchers can only be used for the purchase of goods and cannot be used to purchase additional Gift Vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
11.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, the incapacity or the lack of representative authority of the respective holder.
12) Applicable law
12.1 All legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. If you are acting as a consumer, this choice of law shall only apply insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
