Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special conditions for the processing of goods according to specific customer requirements
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mareike Rieck, trading under "Mara´s Kreativkischdle" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 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 their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of PayPal's User Agreement, available at https://www.paypal.com
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax or letter) after their order has been sent. The contract text is not made accessible to the Customer beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account, by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them 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 for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes, even in the case of assignment of claims.
4.5 If the "SOFORT" payment method is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found by the Customer on the Internet at https://www.klarna.com
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by 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 Shopify Payments will be communicated to the customer in the Seller's online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes when the goods are handed over to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods already passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the Seller's specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller makes advance payment, it reserves 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 statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.
7.2 The limitations of liability and reductions in deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in cases where the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.5 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller thereof. Failure by the Customer to do so will not affect their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise stipulated in this regard,
- based on mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer can regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The foregoing liability regulations also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer requirements
9.1 If, according to the contract, the seller owes, in addition to the delivery of goods, also the processing of the goods according to specific customer requirements, the customer must provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility that they have the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are violated, especially copyrights, trademark rights and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties that they may assert against the seller in connection with a violation of their rights by the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or public morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.