Terms and Conditions with customer information
table of contents
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of gift certificates
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Dani's QueensSize GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") with the seller with regard to the seller in his Online shop presented. This contradicts the involvement of own terms of the customer, unless there is something else agreed.
1.2For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly regulated in this respect.
1.3Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2The customer can deliver the offer via the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the order process-final buttons a legally binding contract offer with respect to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone, by fax, by e-mail, postal or via the online contact form to the seller.
2.3The 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 at the customer is decisive, or
- by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
- by prompting the customer for payment to the customer after submission of its order.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run through the day after sending the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within a preceding period, this shall apply as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.5When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after sending from its order to text form (eg e-mail, fax or letter). An additional accessibility of the contract text by the seller is not. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be downloaded from the customer via its password-protected user account, stating the corresponding login data for free.
2.6Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information shown on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer in the context of the electronic order process as long as the usual keyboard and mouse functions can be corrected until it clicks the button concluding the order process.
2.7For the conclusion of the contract, the German and the English language are available.
2.8The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be delivered e-mails.
3) Right of withdrawal
3.1Consumers are basically a right of withdrawal.
3.2Further information on the right of withdrawal arise from the revocation of the seller.
3.3The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries in countries outside the European Union, further costs incurred in individual cases, which the seller is not responsible and to bear by the customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate charges) or import taxes or taxes (e.g., tariffs). Such costs may also be incurred in terms of money delivery if the delivery does not take place in a country outside the European Union, but the customer makes the payment but from a country outside the European Union.
4.3The payment option / en will / will be communicated to the customer in the seller's online shop.
4.4If prepayment is agreed by bank transfer, payment is due immediately after the conclusion of the contract, provided that the parties have not agreed no later date.
4.5When selecting the payment method "Instant", the payment processing takes place via the payment service provider immediately GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to pay the invoice amount via "immediately", the customer must have a online banking account free to participate in "immediately", legitimize according to the payment process accordingly and confirm the payment assignment to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. Further information on the payment method "Instant" can retrieve the customer on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the shipping point to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive. By way of derogation from the payment method PayPal, the delivery address deposited by the customer at the time of payment at PayPal is decisive.
5.2If the delivery of the goods fails for reasons that the customer has to represent, the customer bears the reasonable costs arising from the seller. This does not apply with regard to the costs for the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller.
5.3Pickup is not possible for logistical reasons.
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1If the purchased matter is defective, the rules of legal defects apply.
7.2If the customer acts as a consumer, he will be asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1According to the content of the contract, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has, the customer, the seller has all the content required for processing such as texts, images or graphics in the file formats specified by the seller, formatting, image and file sizes available and give it the necessary rights of use. The customer is responsible for the procurement and rights acquisition at this content. The customer explains and assumes the responsibility for he owns the right to use the content provided to the seller. In particular, he shall ensure that thereby no rights of third parties are violated, in particular copyright, brand and personality rights.
8.2The customer frees the seller of claims of third parties, which can assert them in connection with a violation of their rights through the contractual use of the content of the customer by the seller to this. The customer also takes over the reasonable costs of the necessary legal defense, including all court and legal costs at a statutory amount. This does not apply if the infringement is not responsible by the customer. The customer is obliged to provide the seller without delay, truthfully and fully all information necessary by third parties, which are necessary for the examination of claims and defense.
8.3The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or against the good manners. This applies in particular to the transfer of constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and / or violence glorifying content.
9) Redemption of gift certificates
9.1Vouchers, which can be purchased via the seller's online shop (hereinafter referred to as "Gift Vouchers"), can only be redeemed in the seller's online shop, unless otherwise stated from the voucher.
9.2Gift vouchers and remaining credit from gift certificates are redeemable by the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer until the expiration date.
9.3Gift vouchers can only be redeemed before the end of the order process. Subsequent offsetting is not possible.
9.4Only one gift certificate can be redeemed per order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
9.7The credit balance of a gift certificate is not paid in cash or interest.
9.8The gift certificate is only intended for use by the person named on him. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged to examine the material eligibility of the respective coupon owner.
10) Applicable law
10.1For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. In consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
10.2Furthermore, this right-wing election does not apply with regard to the legal right of withdrawal in consumers who do not belong to any Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
If the customer acts as a merchant, legal entity of public law or public-law special assets, based in the territory of the Federal Republic of Germany, is the exclusive place of jurisdiction for all disputes arising from this contract of the Seller's office. If the customer has its headquarters outside the territory of the Federal Republic of Germany, then the Seller's office is exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims can be attributed from the contract of the professional or commercial activity of the customer. However, the seller is in any case entitled to call the court at the customer's headquarters.
12) Alternative dispute resolution
12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.