TERMS AND CONDITIONS
with customer information of the online store "bottleatelier.com".
from Felix Soppe and Michael Perzl.
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. liability for defects
7. applicable law
8. revocation instruction and form
1. scope of application
1.1 These General Terms and Conditions of "Felix Soppe and Michael Perzl", apply to all contracts that a consumer or entrepreneur (hereinafter "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 These GTC shall apply accordingly to the purchase of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The product representations 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 may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, 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. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.
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
- 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 point in time at which 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 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually 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. right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed 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 a Member State of the European Union at the time of conclusion of the contract and whose sole 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 the Seller's product description, the prices quoted are total prices. The following flat rates for shipping and packaging apply for shipments within Germany: 0 EUR up to an order value of 20.00 EUR. From an order value of 20.01 EUR a flat rate of 0 EUR applies. From an order value of 50 EUR the shipping is free of charge. We ship with all German postal companies.
For delivery to the countries of the European Union, a flat fee for shipping and handling of 0 EUR applies for an order value below 20.00 EUR. For an order value of 20.01 EUR or more, a flat fee for shipping and handling of 0 applies. For an order value of 50 EUR or more, shipping is free of charge.
Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 be incurred in relation to the transfer of funds 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 Various payment options are available to the Customer, which are indicated in the Seller's online store.
4.4 If payment in advance has been agreed, payment is due immediately after conclusion of the contract. Except when redeeming the gift vouchers! See further info point 6.2.2.
4.5 If the payment method "PayPal" is selected, the payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.6 If the payment method "Wix Payments." is selected, the payment will be processed by the payment service provider Adyen B.V Adyen N.V. German Branch, Friedrichstraße 63, Eingang Mohrenstraße 17, 10117 Berlin, Tel. +49 30 30808505, Email: germany@adyen.com, Web: www.adyen.com subject to the Adyen Terms of Use, available at https://www.wix.com/about/us-wixpayments-tou.
4.7 If the payment method "Klarna" is selected, the payment will be processed by the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden. Phone 0046 8-120 120 00 and email inkorg@klarna.se subject to the Klarna Terms of Use, available at https://www.klarna.com/de/agb/.
5. delivery and shipping conditions
5.1 The delivery of goods is regularly carried out by mail order and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase transaction 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.
5.2 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. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable time in advance notice of the service.
5.3 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
6. liability for defects
The legal liability for defects applies.
7 Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
7.1 Furthermore, this choice of law with regard to the statutory right of withdrawal shall 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.
8. cancellation policy and form
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
Cancellation policy
Right of withdrawal. You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us (Michael Perzl, Pfarrer-Schneider-Weg 13, 82380 Peißenberg; or e-mail: info@bottleatelier.com ) by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. For this purpose, you can use the enclosed sample revocation form, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
8.1 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To: Michael Perzl, Pfarrer-Schneider-Weg 13, 82380 Peißenberg or e-mail: info@bottleatelier.com
-I/we(*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/ the provision of the following service (*)
-Ordered on (*)/Received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of paper communication)