General Terms and Conditions of Business with Customer Information
1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. modalities of payment
7 Retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11 Jurisdiction, Applicable Law, Contractual Language
1. scope of application
1.1 The business relationship between Nerbel Satu & Mario Böhm GbR, Lindenweg 20,92265 Edelsfeld (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in their valid version at the time of ordering.
1.2 You can contact our customer service for questions, complaints and complaints by e-mail at contact@postpartum-records.com
1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his commercial or independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a request to place an order. Service descriptions in catalogues and on the seller’s websites do not have the character of a warranty or guarantee.
2.2 All offers are valid “as long as stocks last”, unless otherwise noted on the products. Incidentally, errors are reserved.
3. ordering process and conclusion of contract
3.1 The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking on the button[into the shopping cart]. Within the shopping cart, the product selection can be changed, e. g. deleted. The customer can then proceed to the completion of the order process within the shopping cart by clicking the[Continue to checkout] button.
3.2 The customer submits a binding application for the purchase of the goods in the shopping cart via the button[Order subject to payment]. Before submitting the order, the customer can change and view the data at any time, go back to the shopping cart using the browser function “back” or cancel the order process altogether. Required fields are marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer’s order will be listed again and which the Customer can print via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute an acceptance of the request. The contract of sale is only concluded when the seller has dispatched the ordered product to the customer within 2 days, or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4 If the seller makes a prepayment possible, the contract is concluded with the provision of the bank data and a request for payment. If, despite the due date, payment has not been received by the Seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the Seller resigns from the contract with the consequence that the order lapses and the Seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article with prepayment payments will therefore be made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices quoted on the Seller’s website are inclusive of the applicable statutory sales tax.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the framework of the order process.
5. delivery, availability of goods
5.1 As far as prepayment has been agreed upon, the delivery takes place after receipt of the invoice amount.
5.2 If the delivery of the goods should fail due to the purchaser’s fault despite three attempts at delivery, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 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 can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose to him the delivery of a comparable product. If no comparable product is available or if the customer does not wish to have a comparable product delivered, the seller will reimburse the customer without delay for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e. g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. modalities of payment
6.1 The customer can choose from the available payment methods within the framework of and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third parties are commissioned with the payment processing, e. g. Paypal, their general terms and conditions apply.
6.4 If the due date of payment is determined according to the calendar, the customer is already in default due to a default of payment. In this case, the customer has to pay the statutory default interest.
6.5 The customer’s obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay by the seller.
6.6 The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty terms and conditions prior to initiating the order process.
9. liability
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions of entitlement.
9.2 The Seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the fulfilment of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on which the Customer regularly relies on compliance. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those stated in the above sentences.
9.4 The aforementioned limitations of liability shall not apply in the event of injury to life, limb and health, for a defect after assumption of a guarantee for the quality of the product and for maliciously concealed defects. Liability according to the product liability law remains unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print out the contract text before placing the order by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the GTC together with the instructions for revocation and the information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the text of the contract but do not make it accessible on the Internet.
11. final provisions
11.1 Place of jurisdiction and place of performance shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The language of the contract is German.
11.3. the European Commission’s platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not ready and not obliged to settle a dispute before consumption