General Terms And Conditions
General Business Conditions with Customer Information
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Inclusion of digital content usage rights
- Contract duration and contract termination on subscription contracts
- Retention of title
- Misalignment (Warranty)
- Entry of action vouchers
- Gift vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These Terms & Conditions (hereafter & quot; Terms & Conditions & quot;) of Elisabeth Brunner, acting under & quot; KATTUN & quot; (hereinafter "Seller"), shall apply to all contracts relating to the supply of Goods by a consumer or contractor (hereinafter "Customer") with the Seller in respect of the Seller finalize his goods displayed on his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For the delivery of digital content, these terms and conditions shall apply mutatis mutandis, unless expressly provided otherwise.
1.3 For the delivery of vouchers, these terms and conditions shall apply mutatis mutandis, unless expressly provided otherwise.
1.4 For the purposes of these Terms and Conditions, a consumer is any natural person who completes a lawyer's business for purposes that are predominantly neither his / her professional nor his / her professional can be attributed to it. Entrepreneur in the sense of these GTC is a natural or juridical person or a legal partnership, which acts in conclusion of a legal transaction in the exercise of their commercial or self-employed professional activity.
1.6 The subject matter of the contract may be & nbsp; depending on the product description of the seller - both the receipt of goods by one-off delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as "subscription contract"). In the case of the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually due time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer, by clicking on the button that concludes the ordering process, submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax, e-mail, post or online contact form to the seller.
2.3 The seller may accept the offer of the customer within five days,
- by submitting a written order confirmation or an order confirmation in writing (fax or e-mail) to the customer, in which case the order confirmation is available to the customer, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is correct, or
by asking the customer to pay after submitting his order.
If there are more than one of the alternatives mentioned above, the contract will be concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day following the date on which the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declarations of intent.
2.5 Payments are made through the payment service provider Amazon Payments Europe, 38 avenue John F. Kennedy, L-1855 Luxembourg ('Amazon'), under the terms of the Amazon Payments Europe User Agreement, available at https: // payments. amazon.de/help/201751590. As part of the online ordering process, Customer will choose Amazon Payments & ldquo; as a payment method, he also issues a payment order to Amazon by clicking on the end of the order process. For this case, the seller already declares the acceptance of the customer's offer at the moment when the customer clicks on the button that completes the order process.
2.6 When placing an offer via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and will be sent to the customer in text form after submitting the order (eg e-mail, fax or letter). The contractor's text will not be extended beyond this by the seller. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be provided by the customer via his password-protected user account, stating the corresponding login Data can be obtained for free.
2.7 Before submitting the order via the seller's online order form, the customer can identify any possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zooming function, with the aid of which the display on the screen is magnified. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the order process.
2.8 & nbsp; For the purpose of concluding the contract, only the German language is available.
2.9 & thinsp; Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers have a right of withdrawal.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. If applicable, additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases beyond the control of the seller and to be paid by the customer are wearing. These include, for example, costs for the provision of funds by credit institutions (for example, credit transfer, currency exchange) or import duties or taxes (for example, customs). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer pays the payment from a country outside the European Union makes.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment is arranged by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed a later due date.
4.5 When paying by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S. & agrave; R.L. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter & quot; PayPal & quot;), under the terms of the PayPal Terms of Service, available at https://www.paypal.com/webapps/mpp/ ua / useragreement-full or - if the customer does not have a PayPal account & ndash; subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
4.6 Payments are made via the payment service provider SOFORT GmbH, Theresienhul 12, 80339 Munich (hereinafter "IMMEDIATELY & ldquo;). To clear the invoice amount over & quot; IMMEDIATE & quot; To pay, the customer must have a & nbsp; & nbsp; & nbsp; & nbsp; & nbsp; & nbsp; & nbsp; free online banking account, legitimize itself during the payment process, and transfer the money order to & quot; IMMEDIATE & ldquo; best & auml; term. The payment transaction will be immediately followed by & quot; IMMEDIATE & quot; and debits the customer's bank account. Here is more information about payment method & quot; IMMEDIATE & quot; the customer can access the Internet at https://www.klarna.com/sofort/.
4.8 Attracts PayPal the invoice amount after issuing a SEPA direct debit mandate, but not before the deadline for the advance information on behalf of the seller from the customer's bank account. Pre-Notification ("Pre-Notification") is any notice (e.g., invoice, policy, contract) to the Customer which solicits a charge by means of SEPA direct debit. If the direct debit is not accepted due to a lack of sufficient account funds or due to an incorrect bank account, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the charges resulting from the re-booking of the respective credit institution, if he is responsible.
5) Delivery and Shipping Conditions
5.1 When processing the transaction, the delivery address specified in the order processing of the seller is binding.
5.2 If the shipping company sends the goods back to the seller, as delivery to the customer was not possible, the customer will bear the costs unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the inability to deliver or if he was temporarily prevented from accepting the service offered, unless the seller had given him the performance a reasonable time before. Furthermore, this does not apply with regard to the costs for the consignment, if the customer effectively exempts his right of withdrawal. In the case of effective cancellation of the right of withdrawal by the customer, the provision made in the buyer's cancellation policy shall apply to the final delivery costs.
5.3 After receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
5.4 Digital content is provided to the customer solely in electronic form as follows:
- via download
5.5 vouchers are left to the customer as follows:
- via download
- via email
- by fax
6) Inclusion of digital content usage rights
6.1 The right to use the content provided for private and commercial purposes is reserved and timely.
6.2 It is not permitted to pass on the content to third parties or to make copies for third parties outside the scope of these terms and conditions, unless the seller of a transfer of the contractually agreed license to the third party.
6.3 The provision of the rights shall not take effect until the customer has fully performed the contractually owed consideration. The seller may also permit the use of the contractual content prior to this date on a provisional basis. A transfer of the rights does not take place through such a provisional permission.
7) Contract duration and termination of subscription contracts
7.1 Subscription agreements are concluded for an indefinite period and may be terminated by the customer at any time without notice.
7.2 The right to extraordinary cause for cause remains unaffected. There is an important reason if, in consideration of all circumstances of the individual case and with consideration of the mutual interests, the omitting party is not expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period can be.
7.3 Clauses must be in writing or in writing (eg by e-mail).
8) Retention of title
If the seller makes an advance payment, he will retain ownership of the delivered goods until full payment of the purchase price due.
9) Melt adhesion (heat performance)
9.1 If the purchased item is defective, the provisions of the statutory liability shall apply.
9.2 The customer is requested to complain that the goods have been delivered to the deliverer and show the seller of the goods with obvious transport instructions. If the customer does not comply, this has no effect on his legal or contractual claims.
10) Entry of action vouchers
10.1 thin Vouchers issued by the Seller free of charge in the context of promotions of a certain duration and which can not be acquired by the Customer on a regular basis (hereinafter & quot; Promotional vouchers & quot;), can only be activated in the Seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one promotional coupon can be placed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be reimbursed by the seller.
10.6 If the value of the action coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
10.7 The credit of an action coupon is neither paid in cash nor interest.
10.8 The action coupon will not be refunded if the customer returns all or part of the merchandise paid for with the action coupon as part of his legal right of withdrawal.
10.9 The Promotional Voucher is for use only by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Gift vouchers
11.1 vouchers that can be purchased in bulk through the seller's online store (hereafter & quot; gift vouchers & quot;), can only be purchased online. Seller's shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credits of gift vouchers are available until the end of the third year after the year of purchase of the voucher. Remaining credits will be credited to the customer until the expiry date.
11.3 Gift Certificates can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Only one gift certificate can be inserted per order.
11.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift vouchers.
11.6 If the value of the gift certificate is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
11.7 The voucher of a Gift Certificate will not be paid in cash or interest.
11.8 The gift certificate is transferable. The seller may liberate the respective owner who launches the gift voucher in the seller's online shop with a liberating effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, the disputability or the lack of power of representation of the respective holder.
12) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws relating to the international purchase of goods in transit. For consumers, this choice of law applies only insofar as the protection afforded by compelling provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13) Alternative Dispute Resolution
13.1 The EU Commission is providing a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.