This translation is provided for informational purposes only. In the event of any contradictions between this and the German version, the German version shall apply.
For the business relationship between Laura Philipp, Postfach 1146, 69139 Neckargemünd, (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply in the version valid at the time of the order.
You can reach the seller for questions, suggestions and complaints under the telephone number +49 (0) 176 239 76371 as well as by e-mail at email@example.com.
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor independent professional activity (§ 13 BGB).
Deviating conditions of the customer are not recognized, unless the seller expressly agrees to the validity.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions on the seller's websites do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless otherwise noted for the products. Incidentally, errors remain reserved.
3. Order process and conclusion of contract
The customer can select the seller's products from the assortment without obligation and collect them in a so-called shopping cart using the "Add to cart" or "Buy now" button. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the "Check out" button in the shopping cart to complete the ordering process.
Via the "Pay now" button, the customer submits a binding application to purchase the products in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether.
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation 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 makes the ordered product available or the purchase within an express order confirmation or delivery of the Have confirmed the invoice.
If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the customer and for the seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
All prices quoted by the seller on the website include the applicable statutory sales tax. The seller reserves the right to adjust prices.
In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the customer on a separate information page and during the ordering process.
5. Service provision, product availability
Unless otherwise agreed, the seller's goods are delivered to the delivery address specified by the customer during the ordering process.
The goods remain the property of the seller until the purchase price has been paid in full.
If the ordered product is not available because the seller has not made the product available by his contractor or contractual partner through no fault of his own, the customer can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest a comparable product. If no comparable product is available or the customer does not want a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
6. Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making a purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of cancellation, you must inform the seller (Laura Philipp, Postfach 1146, 69139 Neckargemünd) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email) . You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, the seller has to pay the customer all payments he has received, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by the seller Have chosen standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract is with the seller. For this repayment, the seller uses the same means of payment that the customer used in the original transaction, unless the parties expressly agree otherwise; In no case will the customer be charged fees for this repayment.
If you want to cancel the contract, please fill out this form and send it back.
Or by post:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only when notified on paper)
(*) Delete where inapplicable.
7. Payment methods
The customer can choose from the available payment methods within the framework of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 14 days of receipt of the service and the invoice. For all other payment methods, payment must be made in advance without any deductions.
If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.
The athlete's obligation to pay interest on arrears does not exclude the assertion of further damages caused by default by the seller.
The customer is only entitled to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
8. Retention of title
The delivered or available products remain our property until full payment has been made.
9. Material defect warranty and guarantee
The guarantee is determined according to legal regulations.
The products supplied by us are only guaranteed if this has been expressly given. Customers are informed of the warranty conditions before the order process is initiated.
The following exclusions and limitations of liability apply to our liability for damages, irrespective of the other statutory requirements.
The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the athlete regularly observes familiar. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
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 contract text
The customer can print out the contract text before submitting the order by using the print function of his browser in the last step of the order.
The seller also sends the customer an order confirmation with all order data to the e-mail address given by him. With the order confirmation, the customer also receives a copy of the terms and conditions along with the cancellation policy and the information on delivery between availability and payment conditions.
12. Final provisions
The seller reserves the right to change the provisions of these conditions at any time and without giving reasons. The main performance obligations to be fulfilled by the parties are not affected by these changes. The customer will be informed of the changed regulations no later than two weeks before they come into force. If the customer does not object to the validity of the new regulations within four weeks (after receiving the above notification), the changed conditions are deemed to have been accepted. The seller will separately point out the importance of this period, the right of objection and the legal consequences of silence.
The contract language is German. This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.
The place of jurisdiction and performance is - insofar as this can be legally agreed - Heidelberg in Germany.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The seller is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.
Effective date: March 09, 2021