TERMS AND CONDITIONS
TABLE OF CONTENTS
- SCOPE
- CONCLUSION OF CONTRACT
- RIGHT OF WITHDRAWAL
- PRICES AND PAYMENT TERMS
- DELIVERY AND SHIPPING CONDITIONS
- RETENTION OF TITLE
- LIABILITY FOR DEFECTS (WARRANTY)
- LIABILITY
- REDEMPTION OF PROMOTIONAL VOUCHERS
- APPLICABLE LAW
- ALTERNATIVE DISPUTE RESOLUTION
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of SANZIANI, operating under "Andreea Krauss" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2. You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3. You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or self-employed professional activity.
2. Conclusion of Contract
2.1. The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2. You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3. We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment from you after you have submitted your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.4. If you select a payment method offered by PayPal, 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"). The PayPal user agreement in its current version applies. If you pay by means of a PayPal payment method selectable in the online ordering process, we hereby declare our acceptance of your offer at the moment you click the button that completes the ordering process.
2.5. When ordering via our online order form, the contract text will be stored by us after the conclusion of the contract and sent to you in text form (e.g. email, fax, or letter) after you have sent your order. No further access to the contract text by us will be provided.
2.6. Before submitting your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be your browser's magnification function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.
2.7. The German language is available to you for the conclusion of the contract.
2.8. Order processing and contact are carried out automatically via email. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us 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 our cancellation policy.
4. Prices and payment terms
4.1. Unless otherwise stated in our product description, the prices quoted are total prices. Sales tax is not shown, as we are a small business in the sense of the German Sales Tax Act (UStG). No shipping costs are charged for deliveries within the Federal Republic of Germany (free shipping).
4.2. The available payment methods will be displayed to you in the online shop.
4.3. If you choose a payment method offered via the payment service "PayPal", payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal where we make an advance payment to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. We reserve the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of the assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments, or credit notes.
4.4. If you choose a payment method offered via the payment service "Shopify Payments", 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 current Stripe terms and conditions apply. The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services for payment processing, for which specific payment conditions may apply, about which you may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
4.5. If you choose a payment method offered via the payment service "Stripe", 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 current Stripe terms and conditions apply. The individual payment methods offered via Stripe will be communicated to you in our online shop. Stripe may use other payment services for payment processing, for which specific payment conditions may apply, about which you may be separately informed. Further information on Stripe is available online at https://stripe.com/de.
4.6. When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative. The current Stripe terms and conditions apply.
5. Delivery and Shipping Conditions
5.1. If we offer shipping of goods, delivery will be made within the delivery area specified by us to the delivery address you provide. For the processing of the transaction, the delivery address specified in our order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by you with PayPal at the time of payment is decisive.
5.2. If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of dispatch if you effectively exercise your right of withdrawal. For the return costs, the provisions in our cancellation policy apply if you effectively exercise your right of withdrawal.
5.3. If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
If you act 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 you or a person authorized to receive them.
5.4. We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if we are not responsible for the non-delivery and we have concluded a concrete hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.
5.5. Self-collection is not possible for logistical reasons.
5.6.
6. Retention of Title
If we make an advance payment, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.
In the event of a breach of contract – in particular, default in payment – we are entitled to demand the return of the goods subject to retention of title.
7. Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.1. If you act as an entrepreneur,
- we have 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 within the scope of liability for defects.
7.2. The aforementioned limitations of liability and shortening of deadlines do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have maliciously concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, for contracts for the supply of goods with digital elements.
7.3. Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4. If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial inspection and complaint obligation according to § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods are deemed approved.
7.5. If you act as a consumer, you are requested to complain about delivered goods with obvious transport damage to the delivery person and to inform us thereof.
8. Liability
The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1. We are 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,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2. If we negligently violate a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation according to the preceding clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose observance you can regularly rely.
8.3. Otherwise, any liability on our part is excluded.
8.4. The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
9. Redemption of promotional vouchers
9.1. Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.
9.2. Promotional vouchers can only be redeemed by you as a consumer.
9.3. Restrictions (product, minimum order value, etc.) result from the content of the promotional voucher.
9.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
9.5. Only one promotional voucher can be redeemed per order.
9.6. If our promotional voucher refers to a specific value and not a percentage discount, your goods value must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.
9.7. If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.
9.8. The credit balance of a promotional voucher is neither paid out in cash nor does it accrue interest.
9.9. The promotional voucher will not be refunded if you return goods paid for entirely or partially with the promotional voucher within the scope of your statutory right of withdrawal.
9.10. Promotional vouchers are transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the respective holder's lack of authorization, legal incapacity, or lack of power of representation.
10. Applicable law
The law of the Federal Republic of Germany applies to all legal relations between you and us, to the exclusion of the laws on the international purchase of movable goods. If you act as a consumer, this choice of law only applies to the extent that the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.
11. Alternative dispute resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.