Terms and Conditions

General terms and conditions & Customer information

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Table of contents

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1. Validity

2. Conclusion of the agreement

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping conditions

6. Liability for defects

7. Liability

8. Applicable law

9. Alternative Dispute Resolution

1) Validity

1.1 These general terms and conditions of Tanja Damhof-Wohlsperger (hereinafter 'seller') apply to all agreements that a consumer or entrepreneur (hereinafter 'customer') with regard to the products and/or services shown by the seller in his online shop with the seller closes. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these general terms and conditions is any natural person who performs a legal act for purposes that predominantly fall outside the independent exercise of a profession or business. An entrepreneur within the meaning of these general terms and conditions is any natural person or any legal entity or any partnership that carries out a legal act in the context of the independent exercise of a profession or business.

2) Conclusion of the agreement

2.1 The product descriptions shown in the seller's online shop do not constitute a binding offer from the seller, but serve to invite the customer to make a binding offer.

2.2 The customer can place an order via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the digital ordering procedure, the customer enters into a binding purchase agreement with regard to the goods and/or services required by clicking on the button to complete the order. are in the shopping cart. However, the order cannot be shipped until the customer has checked the box for 'I have read and agree to the terms and conditions' to accept the contractual terms

2.3 The seller can accept the customer's order within 5 days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered items to the customer, whereby the receipt of the items by the customer is decisive, or

by asking the customer to pay after delivery of this order.

In any case, the seller will send the customer a confirmation of the order with an explanation of how the general terms and conditions can be downloaded and printed via the 'Print' function.

If there are several of the aforementioned alternatives, the agreement is concluded when one of the aforementioned alternatives is discussed first. If the seller does not accept the customer's order within the stated period, this will constitute a rejection of the agreement, with the result that the customer is no longer bound by his declaration of intent.

2.4 The period for accepting the order starts on the day after the customer places the order and ends at the end of the fifth day after placing the order.

2.5 When placing an order via the seller's online order form, the content of the agreement is stored by the seller. After sending his order, the customer will receive the applicable general terms and conditions and customer information in text form in addition to the agreement (for example by e-mail, fax or letter). In addition, the content of the contract is archived on the seller's website and can be called up free of charge by the customer in his password-protected customer account using the corresponding login data if the customer opens a customer account in the online shop before submitting his order. created by the seller.

2.6 Before the customer submits his binding order via the seller's online order form, the customer can change his entered data using the usual keyboard and mouse functions. In addition, all data entered before sending the binding order can be viewed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

2.7 The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date the agreement was concluded. and/or government regulations.

2.8 The Dutch and German languages ​​are available for concluding the agreement.

2.9 The ordering process and contact usually take place via e-mail and automatic order processing. The customer must ensure that the e-mail address he provides is correct so that messages sent by the seller to this e-mail address can be received. The customer must in particular ensure that any spam filters do not block messages sent by the seller or by third parties charged with processing the order.

3) Right of withdrawal

3.1 Customers in principle have a right of withdrawal.

3.2 More information about the right of withdrawal can be found in the seller's standard withdrawal instructions.

4) Prices and payment terms

4.1 The prices stated by the seller are total prices, including statutory sales tax. Any delivery or shipping costs are indicated separately in the relevant product descriptions.

4.2 The customer has various payment options, which are indicated in the seller's online shop.

4.3 If the customer opts for prepayment, the amount must be paid immediately after concluding the agreement.

4.4 If the payment method "PayPal" is selected, payment is made via the payment service provider PayPal (Europe) Sa rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with PayPal's terms of use, which can be viewed at https:/ /www.paypal.com/nl/webapps/mpp/ua/useragreement-full?locale.x=nl_NL. This requires, among other things, that the customer opens a PayPal account or already has a PayPal account.

4.5 When choosing the iDEAL payment method, the customer authorizes his bank, which is affiliated with the iDEAL payment system, to process the payment order. After authorization for this payment order, the invoice amount will be debited from the customer's account and transferred to the seller's account. The seller will be immediately informed of the successful payment.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, the delivery of items will take place by shipment to the delivery address specified by the customer. The delivery address specified during the order is decisive for the completion of the transaction.

5.2 The seller has the right to deliver an order in parts. No additional costs will be charged for these partial deliveries. However, if the customer indicates that the seller must deliver the order in parts, the seller may charge the customer additional shipping costs. Each partial order constitutes a separate purchase agreement. If the seller delivers a part late or a partial delivery is incorrect, this does not give the customer the right to cancel another partial order.

5.3 In the event that the seller cannot fulfill the obligation of the agreement due to the unavailability of the item, he will immediately inform the customer and pay the amount paid by the customer immediately, but no later than 30 days after receipt of the payment back.

5.4 When the order is collected by the customer, the seller will first inform the customer by e-mail that his order can be collected. After receiving this email, the customer can collect his order at the seller's branch as agreed with the seller. In this case no shipping costs will be charged.

5.5 If the transport company returns the shipped order to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not at fault for the failed delivery or if he was temporarily prevented from receiving the delivery, unless the seller has announced the delivery within a reasonable period.

6) Liability for defects

In general, the legal regulations regarding liability for defects apply and in particular the following provisions apply.

6.1 For customers in the capacity of entrepreneurs

- a non-essential defect does not in principle give rise to a claim for liability for defects;

- there is no liability for defects if the customer should reasonably have known of the defect when concluding the purchase agreement or if the defect is due to defects in raw materials supplied by the customer.

- offers the seller the right to repair if he is reasonably able to do so or, if this is not the case, he must replace the delivered defective item. However, a replacement delivery is excluded if the damage was caused by the customer's negligence.

6.2 For customers in the capacity of consumers

- The customer must report the defect in the delivered item to the seller within two months of discovering the damage.

- The limitation period for complaints regarding defects is two years from reporting the defect.

6.3 If the customer acts as a consumer, he is requested to report to the delivery service any delivered items that show obvious transport damage and to inform the seller about this. If the customer does not comply with this, he cannot claim any legal or contractual right to compensation for damages or expenses.

7) Liability

Apart from the contractual claims for damages under Articles 9 and 10 of Title 1 of Book 6 of the Civil Code, there is no liability of the seller towards the buyer with regard to consequential damage or personal injury due to safety defects. of the delivered item (BW 6:186, BW 7:24). This does not apply

- when the seller knew or should have known the safety defect;

- when the seller has denied the presence of the defect or;

- if the defect has caused financial damage of less than EUR 500 due to damage to another item as referred to in Civil Code 6:190.

8) Applicable law

8.1 If the customer acts as a consumer as referred to in point 1.2, all legal relationships of the parties will be governed by the law of the state where the customer has his habitual residence and not the UN Convention on Contracts for the International Sale of Goods, but only the jurisdiction with relates to all disputes regarding agreements that are specifically aimed at the customer's place of residence.

8.2 If the customer acts as an entrepreneur as referred to in point 1.2, all legal relationships of the parties will be governed by the law of the state in which the seller has its registered office and not the UN Convention on Contracts for the International Sale of Goods, but only the jurisdiction with regard to to all disputes regarding agreements that are specifically addressed to the location of the seller's head office.

9) Alternative Dispute Resolution

9.1 The European Commission makes a platform for online dispute resolution available on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes based on sales or service agreements via the Internet, in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute procedure of a consumer dispute committee.