OUR STANDARD TERMS AND CONDITIONS
Standard Terms and Conditions
§ 1 General conditions, scope of application
(1) All business relationships between LillyKunkelDesign, hereinafter called „Seller", and consumers and enterprises, hereinafter called „Buyers", that purchase goods via the Seller's online shop at http://lillykunkeldesign.com/ are governed by these Standard Terms and Conditions.
(2) The Seller is only bound by conflicting or diverging standard terms and conditions of the Buyer if the Seller has expressly agreed to them in writing. These Standard Terms and Conditions apply even if the Seller makes the delivery to the Buyer without reservation, in full awareness of conflicting or deviating terms and conditions of the Buyer.
(3) Consumers within the meaning of these Terms and Conditions are natural persons who enter into a business relationship with the Seller without this being attributable to their commercial or independent professional activity (§ 13 BGB). Contractors in terms of these Terms and Conditions are natural persons, legal entities, or partnerships with legal capacity who enter into a business relationship with the Seller in order to carry out a commercial or independent occupational function (§ 14 BGB).
(4) Individual agreements between the Seller and the Buyer have precedence over these Standard Terms and Conditions.
(5) Customers are able to access these Standard Terms and Conditions at any time at http://lillykunkeldesign.com/, print them via the print function of their internet browser or save them on their computers.
§ 2 Conclusion of contract
(1) The presentation of the goods in the online shop represents no binding offer for the purchase of goods. A purchase contract is concluded only upon the customer's order (offer) and its acceptance by the Seller.
(2) The Buyer makes a binding offer to the Seller, when the latter has successfully completed the order process in the online shop by entering the information requested there, and in the last ordering step has clicked the button "Buy now". The Buyer remains bound by its offer for 2 days, a period in which the Seller may accept the Buyer's offer.
(3) After receipt of the order, the Seller will send to the Buyer an automatically generated email as confirmation of receipt of order which does not represent an acceptance of the purchase offer, but merely informs the Buyer about the order process and the content of the order.
(4) The contract between the Buyer and the Seller is accomplished only when the Buyer receives another email from the Seller accepting its order. This email includes as well the details of the Buyer's order, the contractual conditions, including these Standard Terms and Conditions, and consumer information including cancellation instructions and cancellation form.
(5) Before submitting the order, a summary of the order data will be displayed to the customer in the online shop and the Buyer may correct the data entered into the input fields using the keyboard, mouse and other functions of the hardware used by the Buyer. By clicking on the fields "forward" and "backward" of the internet browser, the Buyer is able to scroll forwards and backwards in the ordering process and thus check and correct the information given. Before making a binding offer, the Buyer is able cancel the order process at any time by closing the browser window.
§ 3 Payment, due dates, prices
(1) Within the individual offer, the Seller informs the Buyer about the methods of payment available in the specific case.
(2) If payment in advance has been stipulated, the Buyer must pay the total amount invoiced within seven days following receipt of the order confirmation (§ 2 sub-paragraph4). Payment is regarded as having been made when the amount is credited on the Seller's account. If the payment has not been made when due, the Seller has the right to withdraw from the contract and sell the goods otherwise. A payment made after withdrawal from the contract is refunded to the Buyer.
(3) The stated purchase prices are final prices, without delivery and shipping costs and including the applicable VAT.
(4) Delivery and shipping costs, if any, are indicated separately. Additional costs may be incurred for cross-border deliveries, e.g. taxes and/or expenses, such as in the form of customs duties.
§ 4 Delivery, transfer of the risk
(1) The goods purchased are shipped to the delivery address as specified by the Buyer.
(2) The delivery times are determined according to the specifications in the respective offers. In the event of advance payments, the term of delivery begins three working days after the payment order has been given to the transferring financial institution by the Buyer and, in the event of other payment modalities, on the day after the payment order has been given by the Buyer, and ends with the expiry of the last day of that period. If the last day of the deadline falls on a Sunday or is state-recognised public holiday at the place of delivery, the next working day is to be regarded the last day.
(3) If the Buyer is a consumer (as defined above in § 1 sub-paragraph 3):
The risk of accidental loss or accidental impairment of the goods purchased is transferred to the Buyer when the goods are handed over to the Buyer. If the delivery is delayed due to a circumstance for which the Buyer is responsible, the risk passes to the Buyer at the time of default of acceptance.
(4) If the Buyer is a Contractor (as defined above in § 1 sub-paragraph 3):
The risk of accidental loss or accidental impairment of the goods purchased is transferred to the Buyer upon transfer of the goods to a forwarding agent (carrier, shipping company) or any other person or institution charged with the dispatch of the goods.
§ 5 Reservation of title
The Seller retains title of ownership to the goods purchased until the purchase price has been paid in full.
§ 6 Warranty
(1) All goods supplied by the Seller are subject to statutory warranty rights.
(2) If the Buyer is a consumer (as defined above in § 1 sub-paragraph 3), the statutory provisions apply to any claims of the Buyer due to a defect of the purchased item.
(3) If the Buyer is a Contractor (as defined above in § 1 sub-paragraph 3) the following applies in addition to the statutory warranty rights: The warranty period is one year. The Buyer's warranty rights are conditional on the Buyer examining the goods immediately after receipt and also reporting any defects discovered to the Seller in writing immediately after receipt. Complaints regarding concealed defects must be lodged in writing and without delay after they have been detected. The aforesaid reduction of the statute of limitations period does not apply if a defect has been concealed in a malicious manner and / or as far as the Seller has assumed a guarantee for the condition of the purchased item. The reduction of the statute of limitations period does not apply to claims for damages based on the Seller's liability under the provisions of the following § 7.
§ 7 Liability
(1) The Seller is to be held liable without limitation in case of intent or gross negligence.
(2) In case of slight negligence, a liability of the Seller and/or of its subcontractors and legal representatives is precluded except for claims for reimbursement of damages which result from death, injury to body or health, or guarantees, or for claims for damages caused through fraudulent conductor for damages under the product liability act. Furthermore, liability for the violation of obligations, the fulfilment of which is absolutely required for the proper execution of the contract and the adherence to which the Buyer may regularly rely on, remains unaffected.
§ 8 Choice of law, place of jurisdiction
(1) All disputes arising from this legal relationship are governed by the law of the Federal Republic of Germany. For consumers (as defined above in § 1 sub-paragraph 3) this choice of law is valid in as much as the granted protection is not withdrawn through compulsory regulations of the law of the country in which the customer is usually resident. Application of the UN Sales Convention is excluded.
(2) Where the Buyer is a registered merchant, a legal entity or a special assets fund under public law, the place of jurisdiction for all disputes resulting from this contract is exclusively the place where the Seller's registered office is located. The same applies if, at the time when court proceedings are started, the Buyer is not subject to German jurisdiction or its domicile or usual place of residence is not known at the time.
§ 9 Miscellaneous
(1) If one of the provisions of this contract or of these Standard Terms and Conditions is or becomes invalid, the validity of the other provisions is not affected.
(2) Contract language is German.
End of the Standard Terms and Conditions 12.02.2017 PG43