General Terms and Conditions with Customer Information
- Scope of Application1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Sylvia Stave", operating under "Bolleband Ledermanufaktur Sylvia Stave" (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.1.2. These GTC apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise.1.3. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
- Conclusion of Contract2.1. The presentation of goods, especially in the online shop, does not constitute a binding offer by the Seller.2.2. The Customer first places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, during which all necessary data for order processing are recorded.At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking the button that concludes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.The Customer can also submit this offer to the Seller by fax, email, post, or telephone.2.3. The Seller accepts the Customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
- Requesting payment from the Customer after placing the order
- Delivery of the ordered goods
The time of acceptance is determined by the first occurring alternative.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 constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.2.4. If the Customer selects "direct debit" or "bank collection" as the payment method during the ordering process, the Seller can also accept the Customer's offer by collecting the total price from the Customer's bank account within five days, with the time of the account being debited being decisive. Otherwise, section 2.3 applies accordingly.2.5. If the Customer selects "PayPal" or "PayPal Express" as the payment method for their purchase, they submit their offer by clicking the button that concludes the ordering process. If the Customer simultaneously issues the payment order to PayPal by clicking this button, the Seller declares acceptance of the Customer's offer at the time the payment order is issued, deviating from the above provisions.2.6. The contract text of the respective contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy, and the GTC are sent to the Customer by email. After completing the order, the contract text is accessible to the Customer free of charge via their customer login, provided they have created a customer account.2.7. All entries made are displayed before clicking the order button and can be reviewed and corrected by the Customer before submitting the order by using the browser's back button or the usual mouse and keyboard functions. Additionally, buttons labeled accordingly are available for correction, if available.2.8. The contract language is German.2.9. It is the Customer's responsibility to provide a correct email address for contact and order processing and to set the filter functions so that emails related to this order can be delivered. - Right of Withdrawal3.1. If the Customer is a consumer, they generally have a right of withdrawal.3.2. The Seller's cancellation policy applies to the right of withdrawal.3.3. Consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of contract conclusion do not have a right of withdrawal.
- Prices and Payment Terms4.1. The displayed prices are final prices including statutory VAT unless otherwise agreed.If additional shipping costs are incurred, this is indicated in the product description.4.2. The Customer can select the payment methods available in the online shop.4.3. In the case of advance payment by bank transfer, payment is due immediately after contract conclusion unless otherwise agreed.4.4. When paying via "PayPal," payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.4.5. If delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the Customer to the relevant customs or tax authorities or credit institutions.The Customer is advised to inquire about the details before placing the order with the respective institutions or authorities.
- Delivery and Shipping Costs5.1. Delivery of goods is made to the delivery address specified by the Customer. In deviation from this, the delivery address stored with PayPal at the time of payment is decisive when paying via PayPal.5.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect recipient or other circumstances leading to the impossibility of delivery, these costs are to be reimbursed by the Customer unless they are not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service unless the Seller had announced the service in advance within a reasonable period. This regulation does not apply to the costs of sending the goods if the Customer has effectively exercised their right of withdrawal. In this case, the statutory or Seller's regulations apply.5.3. In the case of agreed self-collection, the Customer is informed by the Seller that the goods ordered by them are ready for collection. After receiving this email, the Customer can collect the goods in consultation with the Seller at the Seller's premises or at an agreed location. In this case, no shipping costs are incurred.5.4. Vouchers are provided to the Customer in the following form:
- by email
- by download
- by post
- Retention of TitleIf the Seller provides goods in advance, the goods remain the property of the Seller until full payment of the purchase price.
- Liability for Defects7.1. The statutory provisions on liability for defects apply unless otherwise agreed.7.2. The Customer is requested to report any obvious transport damages to the deliverer and inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
- LiabilityThe Seller's liability for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses is determined as follows:8.1. The Seller is liable without limitation for damages resulting from intentional or grossly negligent behavior.In the event of injury to life, body, and health and the breach of essential contractual obligations (cardinal obligations), the Seller is also liable for slight negligence.An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.The Seller is also liable as above based on a guarantee promise unless otherwise regulated.This also applies to indirect consequential damages, such as lost profits, and for mandatory liability, such as under the Product Liability Act.8.2. Liability is - except in cases of intentional or grossly negligent behavior or damages resulting from injury to life, body, and health and the breach of essential contractual obligations (cardinal obligations) - limited to the typically foreseeable damages at the time of contract conclusion and otherwise to the contract-typical average damages. This also applies to indirect consequential damages, such as lost profits.8.3. Otherwise, the Seller's liability is excluded.8.4. The above liability provisions apply accordingly in favor of the Seller's employees and vicarious agents.
- Indemnification in Case of Infringement of Third-Party RightsIf the Seller owes the Customer, in addition to the delivery of goods, the processing of the goods according to specific specifications of the Customer, the Customer must ensure that the content provided to the Seller for this purpose does not infringe the rights of third parties. The contractual parties agree that the Customer indemnifies the Seller from claims of third parties in this context unless they are not responsible for the infringement. The indemnification also includes the assumption of reasonable costs of necessary legal defense, including all court and attorney fees at the statutory rate. The Customer is obliged to provide the Seller with all information necessary for the examination of claims and defense in the event of a claim by third parties, immediately, truthfully, and completely.
- Redemption of Promotional Vouchers
10.1. Vouchers issued by the Seller free of charge as part of (advertising) campaigns with a specific validity period and which cannot be purchased by the Customer ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
10.2. Promotional Vouchers can only be redeemed by consumers.
10.3. Individual products may be excluded from the voucher promotion. The specific restrictions can be found in the Promotional Voucher.
10.4. Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.5. Only one Promotional Voucher can be redeemed per order. The redemption of multiple Promotional Vouchers in one order is not possible.
10.6 The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.Flugzeugmöbel.de ®+4Oriental-Style+4larsnysom.com+4
10.7 If the value of a promotional voucher is insufficient to cover the respective order, one of the other payment methods offered may be used to settle the difference.AYMA Clothing+5power.bmz-group.com+5Oriental-Style+5
10.8 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
10.9 The promotional voucher will also not be refunded if the customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.l
10.10 The promotional voucher is personal and may only be redeemed by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller has the right, but not the obligation, to verify the material entitlement of the respective voucher hold
11. Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the seller's online shop ("gift vouchers") can be redeemed either in the online shop or on-site at the seller's retail store.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balances will be credited to the customer's voucher account until the expiration date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent redemption is not possible.
11.4 Only one gift voucher can be redeemed per order. The redemption of multiple gift vouchers in one order is not possible.
11.5 Gift vouchers can only be used for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for using a gift voucher.
11.6 If the value of a gift voucher is insufficient to cover the respective order, one of the other payment methods offered may be used to settle the difference.
11.7 Balances on gift vouchers will not be paid out in cash and will not earn interest.
11.8 Gift vouchers are generally transferable.
The seller may make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible lack of authorization, legal incapacity, or lack of representative authority of the respective holder.
12. Applicable Law
12.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods.
The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
12.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if, at the time of the conclusion of the contract, they do not belong to a member state of the European Union and their sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
13. Information on Online Dispute Resolution
The EU Commission's platform for online dispute resolution is accessible on the Internet at the following link: https://ec.europa.eu/consumers/odrpower.bmz-group.com
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board but are generally willing to do so