Terms & Conditions
Terms & Conditions
The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic commerce.
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery and Availability of Goods
6. Passing of Risk
7. Payment Methods
8. Retention of Title
9. Warranty and Guarantee
11. Storage of the text of the contract
13. Platform for online dispute resolution, participation in the dispute resolution process
14. Final Provisions
1. SCOPE OF APPLICATION:
1.1. For sales contracts between Mrs. Amanda Daum, James-F.-Byrnes-Str.38, 70376 Stuttgart (hereinafter „Seller“) and the customer (hereinafter „Customer“) via the online shop (https://www.amandadaumcaballero.com/ ) the following General Terms and Conditions (GTC) apply, regardless of whether the customer orders the goods as a consumer or company.
1.2. A consumer within the meaning of Section 13 of the German Civil Code is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of Section 14 (1) BGB is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in exercise of their commercial or independent professional activity.
1.3. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity. These terms and conditions also apply if the seller makes a delivery to the customer without reservation in the knowledge of his conflicting or deviating conditions.
1.4. Additional or deviating agreements to these GTC, which are made between the seller and the customer for the execution of a contract, must be recorded in writing. This also applies to the cancellation of this written form requirement.
1.5. Rights to which the seller is entitled under the statutory provisions beyond these General Terms and Conditions remain unaffected.
2. OFFERS AND SERVICE SPECIFICATIONS:
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller‘s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid „while stocks last“ unless otherwise noted on the products. Apart from that, errors remain reserved.
3. ORDER PROCESS AND CONCLUSION OF CONTRACT:
3.1. The customer can select products from the seller‘s range without obligation and collect them in a so-called shopping cart using the „Add to shopping cart“ button. The customer can then use the „Continue to checkout“ button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the „agreement to pay for the order you are placing“ button. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer‘s order is listed again and which the customer can print out using the „Print“ function (order confirmation). The automatic acknowledgment of receipt only documents that the customer‘s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller confirms the shipment of the goods to the customer by means of a separate e-mail or by sending the Goods.
3.4. If delivery of the ordered goods is not possible, for example because the goods in question are not in stock, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case. The seller will inform the customer of this immediately and immediately refund any consideration already received.
4. PRICES AND SHIPPING COSTS:
4.1. All prices stated on the seller‘s website include the applicable sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.
5.DELIVERY AND AVAILABILITY OF GOODS:
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. The seller is entitled to make partial deliveries if this is reasonable for the customer.
5.3. The goods are delivered to the delivery address specified by the customer. Unless otherwise agreed, the goods are usually sent to the customer within 2 to 4 working days after the conclusion of the contract and receipt of payment. This does not justify a binding delivery period.
5.4. If delivery of the goods to the delivery address specified by the customer fails despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately, whereby the seller can deduct any damage suffered.
5.5. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered and the hindrance lasts longer than 2 months, both parties are entitled to withdraw from the contract. Further rights remain unaffected.
5.6. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. TRANSFER OF RISK:
6.1. If the customer orders the goods as a consumer, the risk of accidental loss and accidental deterioration passes to the customer when the sold item is handed over. The handover is the same if the customer is in default of acceptance.
6.2. If the customer orders the goods as a company and unless expressly agreed otherwise, the delivery is made „ex works“ (EXW according to Incoterms® 2010), i.e. the risk of accidental loss or accidental deterioration of the goods passes to the customer, as soon as the goods have been handed over to the person carrying out the transport.
7. PAYMENT METHODS:
7.1. Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. A payment is deemed to have been made when the seller can dispose of the amount.
7.2. The customer agrees that he will receive invoices from the seller by e-mail in PDF format.
7.3. The customer can choose from the available payment methods as part of and before completing the ordering process. However, with every order we reserve the right not to offer certain payment methods and to refer to other payment methods, which are also free of charge for you. A claim to a particular method of payment does not exist.
7.4. As a rule, the following payment methods are available to the customer:
7.4.1. Payment via Paypal: The customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register, legitimize with his access data and confirm the payment order to the seller. The seller pays the PayPal fees. As soon as the invoice amount has been credited to the seller‘s account, the goods are sent to the customer.
7.4.2. Payment by credit card: When paying by credit card (VISA, Mastercard), the customer transmits his credit card details to the seller. After receipt of the credit card data, the goods are sent to the customer.
7.4.3. Payment by direct transfer: With the direct transfer payment method, the customer transfers the invoice amount to the seller immediately after the ordering process. As soon as the seller has received confirmation of payment from the customer‘s account-keeping bank, the goods are sent to the customer.
7.4.4. Payment by invoice: The seller also offers customers who are consumers payment by invoice as a payment option in cooperation with the company Klarna AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). When paying by invoice with Klarna, the customer first receives the goods and must pay the invoice within 14 days of receipt. In this case, payment is made to Klarna. Payment by invoice with Klarna is free of charge for the customer.
7.5. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
In the event of default, the statutory default interest must be paid. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
7.5. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
8. RESERVATION OF TITLE:
The seller retains ownership of the delivered goods until full payment of the purchase price (including sales tax and shipping costs) for the goods in question.
9. WARRANTY AND GUARANTEE:
9.1. The warranty is determined by the statutory provisions.
9.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given.
9.3. If the customer orders the goods as a consumer, the limitation period is two years, otherwise one year. The limitation period begins with the delivery of the goods. It also applies to claims from tortious acts based on a defect in the goods.
10.1. The following exclusions and limitations of liability shall apply to the seller‘s liability for damages, irrespective of the other statutory requirements for claims.
10.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller‘s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. STORAGE OF THE TEXT OF THE CONTRACT:
11.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If the customer has registered in the seller‘s online shop, he can view the orders placed in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
12.1. The seller uses the personal data provided by the customer (e.g. name, address, e-mail address, telephone number, account number and bank code) in accordance with the provisions of data protection law.
12.2. All personal information will be treated confidentially. The personal data required for business transactions are stored by the seller and used to process orders, manage customer relationships, deliver goods, process payments and avert bad debts and, if necessary, to service partners that the seller uses to process the contract (e.g forwarding companies or credit institutes). Furthermore, data may be used for our own advertising and marketing purposes, e.g. for sending written advertising information. The seller may use the customer‘s e-mail address to send promotional offers if the customer has not objected to this. If the customer‘s consent is required for this, the seller will obtain this in advance. An advertising approach by telephone also only takes place if the customer has given his express consent.
12.3. The customer can at any time by notifying
Amanda Daum Caballero
Phone: +49 (0) 176 / 32601482
cancel the use and processing of your data for your own advertising and marketing purposes and object to any consent you may have given to the use of your data.
12.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.
13. ONLINE DISPUTE RESOLUTION PLATFORM, PARTICIPATION IN DISPUTE RESOLUTION:
13.1. Under current law, the seller is obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need for a court to be involved. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found here: http://ec.europa.eu/odr.
13.2. The seller is not obliged to participate in a dispute settlement procedurein front of a consumer arbitration board and has therefore decided against voluntary participation
14. FINAL PROVISIONS:
14.1. Place of performance is Stuttgart.
14.2. The exclusive place of jurisdiction for all claims against companies arising from the business relationship is the registered office of the seller. The seller is also entitled to bring an action at the registered office of the ordering entrepreneur and at any other permissible place of jurisdiction.
14.3. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer orders the goods as a consumer and has his habitual residence in a country other than Germany at the time of the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law.