AGB

Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of 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. Applicable Law

  9. Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter “T&C”) of Kristina Schmidt, operating under the name “Kristina Schmidt” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the “Customer”) with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A business customer within the meaning of these T&C is a natural or legal person or a legally capable partnership who enters into a legal transaction in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five (5) days

  • by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), whereby receipt of the confirmation by the Customer is decisive; or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day following the submission of the offer by the Customer and ends upon expiry of the fifth day following submission. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller and sent to the Customer in text form (e.g. email) after the order has been placed. No further access to the contract text will be provided by the Seller.

2.5 Prior to submitting a binding order, the Customer may identify any input errors by carefully reviewing the information displayed on the screen. A useful technical tool for better recognition of input errors may be the browser’s zoom function. The Customer may correct their entries during the electronic ordering process using standard keyboard and mouse functions until clicking the button that completes the order.

2.6 The German language shall be exclusively available for the conclusion of the contract.

2.7 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received. In particular, the Customer must ensure that spam filters do not block emails sent by the Seller or third parties commissioned by the Seller to process orders.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed 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 including statutory value-added tax (VAT). Any additional delivery or shipping costs will be specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective withdrawal, the provisions of the Seller’s withdrawal policy regarding return shipping costs shall apply.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer shall be informed without delay and any consideration already paid shall be refunded without delay.

5.4 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions regarding liability for defects shall apply.

7.2 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only 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.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR), available at:
https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.