AGB - Terms and conditions

General terms and conditions

 

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed with the online shop www.leandra-weber.de/shop (Managing Director: Janina Leandra Weber). Contact via e-mail: info@leandra-weber.de
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions (GTC - Terms and conditions) shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can access and print out the currently valid General Terms and Conditions on the website.
 
 § 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button "Order now subject to payment" you are making a binding offer to purchase (§ 145 BGB).
(3) The contract is only concluded when the content is activated or a link is provided.
 
§3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs, if stated. Online products are free of shipping costs. Shipping costs for products to countries in the EU are always exclusive of shipping costs.
 
§ 4 Terms of payment; Default
(1) Payment shall be made either via Paypal or by direct debit.
(2) If you pay by credit card, the purchase price will be reserved on your credit card at the time of ordering ("authorisation"). The actual charge to your credit card account will be made at the time we dispatch the goods to you.
(3) In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by you.
(4) If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of €2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
 
§ 5 Set-off / Right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention insofar as your counterclaim is based on the same
contractual relationship.
 
§ 6 Delivery 
(1) Unless otherwise agreed, the goods are delivered by providing a link. This link can be activated by you and starts the download to the storage medium selected by you.
(2) It is the customer's responsibility to use suitable software to access the links.
 
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation 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 withdrawal 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.
To exercise your right of withdrawal, you must send us
Leandra Weber
In the grove 31
60437 Frankfurt am Main
info@leandra-weber.de
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
 
Consequences of revocation
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day of
We will use the same means of payment that you used in the original transaction for this repayment, unless we have expressly agreed otherwise with you. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you return the goods before the end of the fourteen-day period.
Send off. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
can be attributed to.
Sample
-
Cancellation form
If you wish to revoke the contract, please fill in this form
and send it back.
To
Company
:
Address
:
E
-
Mail:
Fax:
I/we (*) hereby revoke the contract concluded by me/us (*).
contract about
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 in the case of notification on paper)
Date
 
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and
for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or in the case of delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(3) Please call us at [0176/84720987] before returning the goods to announce the return. In this way, you will enable us to allocate the products as quickly as possible.
(4)Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
(5)A right of withdrawal expires pursuant to Section 356(5) of the Civil Code in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by consenting he loses his right of withdrawal upon commencement of performance of the contract.
 
§9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§433ff. BGB).
(2)If you are a consumer within the meaning of §13 BGB (German Civil Code), the limitation period for warranty claims for used items is one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages caused by an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4)If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. You are obliged to inspect the goods immediately and with due care.
The customer is obliged to examine the goods with due care for deviations in quality and quantity and to notify us of any obvious defects within 30 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects. In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
The warranty period is one year from delivery of the goods.
 
§ 10Liability
(1) Unlimited liability:
We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage arising from the
life, body and health of persons.
(2)In all other respects, the following limited liability shall apply:
In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
 
§ 11 Copyright and rights of use
(1)All digital and analogue content provided by the Seller is protected by copyright.
(2) The customer acquires a temporally unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer shall not be granted any exploitation rights. In particular, he/she may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§
19a UrhG) or in any other form to third parties. The right of reproduction (Section 16 UrhG) is limited to acts of reproduction which are exclusively for the author's own use.
(3) The granting of the rights of use by the Seller is subject to the condition precedent of full payment of the purchase price.
(4) If present, the Buyer is not entitled to remove copyright notices, trademarks or other reservations of rights from the goods.
(5) The Seller is entitled to individually personalise digital content made available for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of improper use.
(6) In the event of unauthorised use of the digital content or analogue products by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty of €10,000 per infringement.
 
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Frankfurt am Main.
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