Conditions
1. Scope
(1) These general terms and conditions apply to the sale of goods by the sole proprietorship Melina Margariti , Am Heedbrink 40, 44263 Dortmund
( hereinafter referred to as "I" or "me") to the customer (hereinafter referred to as "customer"
or "you" or "you") in my online shop.
(2)
terms and conditions of the customer that deviate from and / or go beyond these general terms and conditions are not part of the contract.
2. Differentiation between entrepreneurs and consumers
(1) Some provisions of these terms and conditions do not apply to all customers, but only
to consumers or only to entrepreneurs. Where this is the case,
is specially marked at the relevant point in these terms and conditions.
(2) “Consumer” in the sense of these terms and conditions is in accordance with the statutory provisions Definition in
§ 13 of the German Civil Code any natural person who concludes a legal transaction for
purposes that is predominantly neither commercial nor independent
can be attributed to professional activity.
(3) "Entrepreneurs" in the sense of these terms and conditions are natural and according to the legal definition in
§ 14 of the German Civil Code Legal persons or legal entities
partnerships who enter into a business relationship with me in the exercise of their commercial or independent professional
activity.
3. Customer account
(1) For more convenient use of the online shop, you have the option of opening a
customer account. You are obliged to treat your access data such as your password
confidentially and to inform me immediately in the event of loss or unauthorized use of your
access data.
4. Conclusion of contract, contract language
(1) Only when you order the goods and / or services is a binding
offer to conclude a corresponding contract. To place the order,
place the selected goods in the shopping cart, go through the further ordering process on
on the website and enter the information requested there. Before sending the order
you have the opportunity to check all order data again and if necessary to correct
. Only when you send the order do you submit a binding
offer to conclude a contract.
(2) I can accept your offer within two days through
- Sending an order confirmation by post, fax or email,
- Sending the goods or
- Request for payment
accept; The time of receipt
of my order confirmation, goods or payment request from you is decisive for compliance with the deadline.
(3) Contract language is German. < br>
5. Saving the contractual provisions
I save the contractual provisions, i.e. the order data and the present terms and conditions.
You can print out or save the contractual provisions by clicking
use the usual functionality of your browser (usually "Print" or "File" & gt;
"Save as"). The order data is contained in the order overview, which is displayed in the last
step of the order. The contractual provisions including the
General Terms and Conditions are also contained in the email with the order confirmation
, which I will send you if your order is accepted.
6.Delivery disruptions
If an ordered article cannot be delivered because I am not being supplied by my supplier through
despite his contractual obligation, I am at < br> Entitled to withdraw from the contract In this case, I will immediately
inform the customer that the ordered goods are no longer available and any
Immediately reimburse the services rendered.
7. Payment
If advance payment has been agreed, the payment is due immediately after the conclusion of the contract.
8. Reservation of title
(1) The following applies to consumers:
The product I have delivered remains my property until full payment has been made
(reserved goods) .
(2) The following applies to entrepreneurs:
I retain ownership of the reserved goods until all payments from
have been received Business relationship with the customer. I undertake to release my securities at
request of the customer insofar as the value of my securities exceeds the claims to be
secured by more than 20%; the selection of the
securities to be released is made by me.
The customer is entitled to pass the reserved goods on to a
third party in the ordinary course of business to sell; He hereby assigns to me all claims that arise from the resale
.
9. Claims for defects (warranty)
(1) The following applies to consumers:
The statutory
warranty provisions apply to my warranty obligations.
(2) The following applies to entrepreneurs:
If the customer acts as a businessman in the sense of Section 1 of the Commercial Code, he has
To examine the goods immediately upon receipt. Identifiable defects are to be reported to us in writing immediately
after receipt of the goods or - if the defect only shows up later - immediately after
discovery.
timely sending of the notification is sufficient to preserve the rights of the customer. Failing this, the goods are considered approved. This
does not apply if I have fraudulently concealed the defect.
If there is a defect in the purchased item, I will initially provide a guarantee through supplementary performance,
, at my option either in the form of a defect removal or a
replacement delivery. If the supplementary performance has failed, the customer is entitled to reduce the
consideration or - in the case of significant defects - to withdraw from the contract Year from delivery of the
object of purchase to the customer. Excluded from this are claims for damages
by the buyer, which are aimed at compensation for physical injury or damage to health due to a defect for which I
is responsible or for gross negligence on my part or my
vicarious agents are to be returned; the statutory
limitation period applies to these claims.
10. Exclusions and limitations of liability
For my liability for damages, the following applies:
(1) In the event of willful intent and gross negligence, including those of my vicarious agents, I am liable according to
the legal requirements. The same applies to negligent damage resulting from
injury to life, body or health.
(2) In the case of negligent property and financial damage, I am only liable for the
breach of an essential contractual obligation, but the amount is limited to that of < br> Conclusion of foreseeable and contract-typical damage; essential
contractual obligations are those, the fulfillment of which enables the proper execution of the
contract in the first place and on whose compliance the contractual partner regularly trust
may
(3) Apart from that, liability on my part, regardless of the legal basis,
is excluded.
(4) The Exclusions and limitations of liability of the above paragraphs (1) to (3)
apply mutatis mutandis in favor of my vicarious agents.
(5) Liability for assuming a guarantee or after the Product Liability Act
remains unaffected by the exclusions and limitations of liability in the preceding paragraphs (1)
to (4).
11. Choice of law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies. The UN sales law is
excluded. This choice of law only applies to consumers insofar as
does not restrict any mandatory statutory provisions of the state in which they have their
domicile or habitual abode
(2) The place of jurisdiction in dealings with business people, legal entities under public law
or special funds under public law is the registered office of our company. However, I am
entitled, at my option, to sue at the customer's registered office. .
(1) These general terms and conditions apply to the sale of goods by the sole proprietorship Melina Margariti , Am Heedbrink 40, 44263 Dortmund
( hereinafter referred to as "I" or "me") to the customer (hereinafter referred to as "customer"
or "you" or "you") in my online shop.
(2)
terms and conditions of the customer that deviate from and / or go beyond these general terms and conditions are not part of the contract.
2. Differentiation between entrepreneurs and consumers
(1) Some provisions of these terms and conditions do not apply to all customers, but only
to consumers or only to entrepreneurs. Where this is the case,
is specially marked at the relevant point in these terms and conditions.
(2) “Consumer” in the sense of these terms and conditions is in accordance with the statutory provisions Definition in
§ 13 of the German Civil Code any natural person who concludes a legal transaction for
purposes that is predominantly neither commercial nor independent
can be attributed to professional activity.
(3) "Entrepreneurs" in the sense of these terms and conditions are natural and according to the legal definition in
§ 14 of the German Civil Code Legal persons or legal entities
partnerships who enter into a business relationship with me in the exercise of their commercial or independent professional
activity.
3. Customer account
(1) For more convenient use of the online shop, you have the option of opening a
customer account. You are obliged to treat your access data such as your password
confidentially and to inform me immediately in the event of loss or unauthorized use of your
access data.
4. Conclusion of contract, contract language
(1) Only when you order the goods and / or services is a binding
offer to conclude a corresponding contract. To place the order,
place the selected goods in the shopping cart, go through the further ordering process on
on the website and enter the information requested there. Before sending the order
you have the opportunity to check all order data again and if necessary to correct
. Only when you send the order do you submit a binding
offer to conclude a contract.
(2) I can accept your offer within two days through
- Sending an order confirmation by post, fax or email,
- Sending the goods or
- Request for payment
accept; The time of receipt
of my order confirmation, goods or payment request from you is decisive for compliance with the deadline.
(3) Contract language is German. < br>
5. Saving the contractual provisions
I save the contractual provisions, i.e. the order data and the present terms and conditions.
You can print out or save the contractual provisions by clicking
use the usual functionality of your browser (usually "Print" or "File" & gt;
"Save as"). The order data is contained in the order overview, which is displayed in the last
step of the order. The contractual provisions including the
General Terms and Conditions are also contained in the email with the order confirmation
, which I will send you if your order is accepted.
6.Delivery disruptions
If an ordered article cannot be delivered because I am not being supplied by my supplier through
despite his contractual obligation, I am at < br> Entitled to withdraw from the contract In this case, I will immediately
inform the customer that the ordered goods are no longer available and any
Immediately reimburse the services rendered.
7. Payment
If advance payment has been agreed, the payment is due immediately after the conclusion of the contract.
8. Reservation of title
(1) The following applies to consumers:
The product I have delivered remains my property until full payment has been made
(reserved goods) .
(2) The following applies to entrepreneurs:
I retain ownership of the reserved goods until all payments from
have been received Business relationship with the customer. I undertake to release my securities at
request of the customer insofar as the value of my securities exceeds the claims to be
secured by more than 20%; the selection of the
securities to be released is made by me.
The customer is entitled to pass the reserved goods on to a
third party in the ordinary course of business to sell; He hereby assigns to me all claims that arise from the resale
.
9. Claims for defects (warranty)
(1) The following applies to consumers:
The statutory
warranty provisions apply to my warranty obligations.
(2) The following applies to entrepreneurs:
If the customer acts as a businessman in the sense of Section 1 of the Commercial Code, he has
To examine the goods immediately upon receipt. Identifiable defects are to be reported to us in writing immediately
after receipt of the goods or - if the defect only shows up later - immediately after
discovery.
timely sending of the notification is sufficient to preserve the rights of the customer. Failing this, the goods are considered approved. This
does not apply if I have fraudulently concealed the defect.
If there is a defect in the purchased item, I will initially provide a guarantee through supplementary performance,
, at my option either in the form of a defect removal or a
replacement delivery. If the supplementary performance has failed, the customer is entitled to reduce the
consideration or - in the case of significant defects - to withdraw from the contract Year from delivery of the
object of purchase to the customer. Excluded from this are claims for damages
by the buyer, which are aimed at compensation for physical injury or damage to health due to a defect for which I
is responsible or for gross negligence on my part or my
vicarious agents are to be returned; the statutory
limitation period applies to these claims.
10. Exclusions and limitations of liability
For my liability for damages, the following applies:
(1) In the event of willful intent and gross negligence, including those of my vicarious agents, I am liable according to
the legal requirements. The same applies to negligent damage resulting from
injury to life, body or health.
(2) In the case of negligent property and financial damage, I am only liable for the
breach of an essential contractual obligation, but the amount is limited to that of < br> Conclusion of foreseeable and contract-typical damage; essential
contractual obligations are those, the fulfillment of which enables the proper execution of the
contract in the first place and on whose compliance the contractual partner regularly trust
may
(3) Apart from that, liability on my part, regardless of the legal basis,
is excluded.
(4) The Exclusions and limitations of liability of the above paragraphs (1) to (3)
apply mutatis mutandis in favor of my vicarious agents.
(5) Liability for assuming a guarantee or after the Product Liability Act
remains unaffected by the exclusions and limitations of liability in the preceding paragraphs (1)
to (4).
(1) The law of the Federal Republic of Germany applies. The UN sales law is
excluded. This choice of law only applies to consumers insofar as
does not restrict any mandatory statutory provisions of the state in which they have their
domicile or habitual abode
(2) The place of jurisdiction in dealings with business people, legal entities under public law
or special funds under public law is the registered office of our company. However, I am
entitled, at my option, to sue at the customer's registered office. .