General Terms and Conditions with Customer Information

 

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Special Conditions for Repair Services
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Fabian Seibert, trading under "TARZA & JANE" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise specified.

1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do this, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process. Alternatively, the Customer can also submit the offer to the Seller by telephone, email, postal mail, or online contact form.

2.3 The Seller can accept the Customer's offer within five days by:

sending the Customer a written order confirmation or an order confirmation in written form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or

delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or

requesting payment from the Customer after the Customer has placed his order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent his order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.

2.5 Prior to bindingly submitting the order through the Seller's online order form, the Customer can identify and correct any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with which the display on the screen is magnified. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 The contract can be concluded in German or English.

2.7 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of SPAM filters does not prevent the delivery of emails from the Seller or third parties commissioned by the Seller with order processing.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value-added tax is not shown separately as the Seller is a small business owner within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 The Customer will be informed about the available payment options in the Seller's online shop.

4.3 If payment is made in advance by bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy regarding the exercise of the right of withdrawal applies.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the Customer or a person entitled to receive them upon handover of the goods. Notwithstanding the foregoing, if the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the Seller has not previously disclosed this carrier, freight forwarder, or person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make reasonable efforts to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 If the seller offers the option of collecting the goods, the customer can pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the customer in the following ways:

via download

via email

6) Retention of Title

If the seller provides goods in advance, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects apply. In the case of contracts for the delivery of goods, the following deviations apply:

7.2 If the customer is acting as an entrepreneur:

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for defects is one year from the delivery of the goods;

for used goods, the rights and claims for defects are excluded;

the limitation period does not restart if a replacement delivery is made as part of the liability for defects.

7.3 The above liability limitations and shortening of the limitation period do not apply:

to claims for damages and reimbursement of expenses by the customer;

in the event that the seller has fraudulently concealed the defect;

for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness;

for any obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer is a merchant within the meaning of the German Commercial Code (HGB), the customer is subject to the commercial duty to examine and give notice of defects as specified in Section 377 HGB. If the customer fails to comply with the notification obligations specified there, the goods are deemed to be approved.

7.6 If the customer is a consumer, the customer is requested to report any obvious transport damages to the carrier and to inform the seller accordingly. Failure to comply with this does not affect the customer's statutory or contractual warranty claims.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the seller is obligated to process the goods according to specific customer specifications, the customer must provide the seller with all content necessary for the processing, such as texts, images, or graphics, in the file formats, formats, image and file sizes specified by the seller, and grant the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. The customer is particularly responsible for ensuring that no third-party rights are violated, especially copyrights, trademarks, and personal rights.

8.2 The customer indemnifies the seller against claims by third parties that may arise from the infringement of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees, in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and for defense in the event of a claim by third parties.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Special Conditions for Repair Services

If the seller is contractually obligated to repair an item for the customer, the following conditions apply:

9.1 Repair services are provided at the seller's place of business.

9.2 The seller will provide the services either personally or through qualified personnel selected by the seller. The seller may also use the services of third parties (subcontractors) acting on the seller's behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.

9.3 The customer must provide the seller with all necessary information for the repair of the item unless obtaining such information is not within the seller's obligations under the contract. In particular, the customer must provide a comprehensive description of the error and disclose all circumstances that may be causally related to the identified error.

9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's place of business at the customer's own cost and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. If there are any obvious transport damages, the seller will promptly inform the customer so that the customer can assert any rights against the carrier, if applicable.

9.5 The return shipment of the item is at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer upon delivery of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will arrange for transport insurance for the item.

9.6 The customer may also personally deliver the item to be repaired to the seller's place of business and collect it from there if this is indicated in the seller's service description or if the parties have made a corresponding agreement. In this case, the above provisions regarding cost and risk allocation for shipping and return shipping of the item apply accordingly.

9.7 The above provisions do not limit the customer's statutory warranty rights in the case of purchasing goods from the seller.

9.8 The seller is liable for defects in the repair service according to the provisions of the statutory warranty.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Certain products may be excluded from the voucher promotion if such a restriction is specified on the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part using the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Gift vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless stated otherwise on the voucher.

11.2 Gift vouchers and any remaining balances on gift vouchers can be redeemed until the end of the third year after the year of purchase. Any remaining balances will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Multiple gift vouchers can be redeemed in one order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash or bear interest.

11.8 The gift voucher is transferable. The seller can provide performance to the respective holder of the gift voucher who redeems it in the seller's online shop with discharging effect. This does not apply if the seller has knowledge of or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization to represent the respective holder.

12) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Alternative Dispute Resolution

13.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online sales or service contracts in which a consumer is involved.

13.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.