Terms of service
by Urban Boho Craft, Lisa Mattersteig, Mittelweg 8, 79790 Küssaberg, email: firstname.lastname@example.org, VAT ID no .: DE334277920
§ 1 scope
1.1. The following general terms and conditions (GTC) apply to all business relationships between Urban Boho Craft, Lisa Mattersteig, Mittelweg 8, 79790 Küssaberg (hereinafter: "Seller"), and the customer for all services provided by the seller via the seller's web shop in the version valid at the time of the order.
1.2. These terms and conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
1.3. In accordance with Section 13 of the German Civil Code (BGB), a consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity in accordance with Section 14 of the German Civil Code (BGB).
1.5. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
1.6. General terms and conditions or other conditions of the customer are not part of the contract, unless otherwise agreed in individual cases.
§ 2 conclusion of contract
2.1 The product descriptions contained in the seller's web shop do not constitute binding offers to conclude a contract by the seller. However, they represent an invitation to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online ordering system of the seller. The customer can select individual products online and add them to the virtual shopping cart by clicking on the "Add to shopping cart" button. The content of the virtual shopping cart is then displayed in a separate window. The customer then has the choice of clicking the button "Go shopping" to add more products or to go to the ordering process by clicking on the "Checkout" button. At the beginning of the ordering process, the customer is shown an overview of the products in the shopping cart. There he has the option of checking the number of individual products to change or remove individual products from the shopping cart. By clicking on the “Next” button, the customer is directed to the ordering process. There are still further steps to follow. The customer can log into his existing customer account log in by entering his access data in the fields provided. New customers can register here Create a new account by filling out the mandatory fields in the registration form (e.g. Name, address, password) and select the option "Save my information and pay faster next time". After clicking on the “Next” button, the customer is taken to the next steps. The desired shipping method and preferred payment method are to be selected there. Another click on the “Next” button then leads the customer to the order overview page in the next step. Here, all information given in the context of the order can be checked again and, if necessary, corrected, such as the products, their number, the method of payment or the delivery or billing address. If no corrections are required and the customer would like to send his order with the data listed in the overview, a click on the "Buy" button is sufficient. As a result, the customer submits a legally binding offer to conclude a purchase contract for the goods in the shopping cart. Depending on the selected payment method, the customer is then forwarded to the input mask of the relevant payment provider, where he has to enter his data and confirm the completion of the payment. However, the customer has the option of canceling the order process at any time (e.g. by closing the browser window) or going to the previous step (via the "back page" function of the browser).
2.3 The seller can accept the customer's offer within five (5) days by sending the customer a confirmation letter or by delivering the ordered goods to the customer; in the first case the receipt of the declaration of acceptance is decisive, in the latter the receipt of the goods by the customer. If the seller does not accept the offer within the deadline, this is deemed to be a rejection of the offer. In this case, the customer is no longer bound by his declaration of intent. The automatically generated email confirmation that the customer receives immediately after placing an online order is only a confirmation of receipt of the order on the server and not an order confirmation.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth (5th) day following the sending of the offer.
2.5 In the case of an online contract conclusion, the contract text is saved by the seller and sent to the customer in text form (e.g. email) after the order has been sent, including the terms and conditions and the cancellation policy.
2.6 Only the German language is available for the conclusion of the contract.
§ 3 right of withdrawal
3.1 Consumers generally have a right of withdrawal. Entrepreneurs, on the other hand, are not granted a voluntary right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
§ 4 prices / terms of payment
4.1 The prices quoted in the seller's web shop are final prices, unless otherwise stated. The prices therefore include in particular the statutory sales tax, but shipping costs are not included. However, these can be viewed under the corresponding menu item, which is linked in the immediate vicinity of the respective price information.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. 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 arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The following payment options are available to the customer: PayPal, credit card, instant transfer
4.5 If the credit card payment method is selected, payment will be made through the respective bank. The customer's credit card is charged after the order process has been successfully completed.
4.6 If you choose the Sofortüberweisung payment method, payment will be processed by the payment provider SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany, subject to the security regulations that can be viewed online at https://www.klarna.com/sofort/sicherheit/ . The customer's account will be debited after the order process has been successfully completed.
§ 5 delivery / shipping conditions
5.1 The delivery of available products takes place within three to five (3‐5) working days after receipt of the payment on the account of the seller. The delivery time for products that are not immediately available is specified on the individual product page.
5.2 The goods are dispatched to the delivery address specified by the customer in the context of his order, unless otherwise agreed in individual cases.
5.3 If the goods are returned to the seller by the transport company because delivery to the customer was impossible, the customer bears the costs incurred due to the unsuccessful shipment (e.g. costs of return transport, costs of storage, etc.); the cost of storage is twenty percent (20%) of the selling price. However, this only applies if the customer does not effectively exercise his right of revocation, if he is responsible for the circumstance that led to the impossibility of delivery or if no temporary hindrance made it impossible for him to accept the service; in the latter case, the customer is released from bearing the costs if the seller had not given him an appropriate notice of the performance.
5.4 If the customer is an entrepreneur, the place of performance for the delivery of goods to the customer is the registered office of the seller, unless otherwise agreed.
5.5 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over.
5.6 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods in the case of sale by mail order passes to the entrepreneur when the goods are delivered to the carrier, the carrier or the person or institution otherwise assigned to carry out the shipment.
5.7 Delivery takes place with DHL.
5.8 The dispatch takes place only within Germany.
§ 6 retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
§ 7 Information on liability for defects
7.1 If the customer is a consumer, the statutory right to liability for defects applies to him.
7.2 If the customer is an entrepreneur, the seller initially provides a guarantee for defects in the goods through repair or replacement delivery, as he chooses.
7.3 If the supplementary performance fails, the customer can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal) as well as compensation.
7.4 If the customer is an entrepreneur, the goods delivered must be examined immediately for deviations in quality and quantity and the seller must be notified in writing of recognizable defects within one (1) week of receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to the seller in writing within a period of one (1) week from their discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
7.5 Claims due to material defects (including damages) to new items become statute-barred against consumers two (2) years after delivery of the goods, against entrepreneurs one (1) year after delivery of the goods. This does not apply if the law prescribes longer periods in individual cases and in cases of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty by the seller or in the case of fraudulent concealment of a defect. The regulations on the suspension of expiry, the restart of deadlines and the liability of the seller under the Product Liability Act remain unaffected.
7.6 The warranty for used items is completely excluded for entrepreneurs; for consumers, the statutory right to liability for defects applies to used items.
7.7 The seller does not give any guarantees to customers in the legal sense. Manufacturer guarantees remain unaffected.
§ 9 Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the seller and the customer, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
§ 10 place of jurisdiction
10.1 If the customer is a merchant, legal entity under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's business address.
10.2 If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity.
10.3 In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
§ 11 OS platform; alternative dispute resolution
11.1 The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). This OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes in connection with contractual obligations from online sales contracts. The OS platform can be reached under the following link: https://ec.europa.eu/consumers/odr. The seller's email address can be found in the contact details.
11.2. The seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. "