§ 1 Applicability, contract Language, applicable law
- 1. The following general Terms and Conditions (GTC) apply to all contracts concluded via this online shop. 2. The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of discrepancies between the German text and any translations, the German text shall prevail. 3. The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if a. the customer’s abode is in Germany, or b. the customer’s abode is situated in a state not being member of the European Union. 4. In the event that the customer’s abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which the customer’s abode is situated. Such rules shall remain unaffected.
§ 2 Conclusion of contract
- 1. The presentation of the products in the seller’s online shop, social media accounts or videos does not constitute a legally binding offer, but merely an invitation to gain information about the products and to place orders. The presentation of the products does not mean that the products are available.
- 2. It is possible to place an order without creating a user account. To place a binding order, the customer must select products for purchase by placing them in the shopping cart via a click on the respective button. The customer will be guided through the remaining part of the order process to fill in the required order and address data. Before completion of the order process, the customer will access a page that summarizes the most important product details including the total costs. Until this stage, the customer can correct all data. By clicking the “order” button, the customer places a binding order.
- 3. After submitting the order, the costumer will receive an automatic order confirmation, which however does not yet constitute the acceptance of the contract offer. A contract comes into existence by the seller’s acceptance of the customer’s order by means of a separate email. The e-mail also contains the general terms and conditions and the order data.
- 4. The contract language is German.
- 5. The customer will receive the contracual provisions together with information on the goods ordered including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer. The seller does not store the contractual provisions.
§ 3 Payment and delivery conditions
- 1. Unless stated otherwise in the description of the product, the displayed prices are gross prices which include the value added tax. Any additional delivery and shipping costs that may be incurred will be listed separately in the product description and in the order overview.
- 2. The purchase price is due immediately after conclusion of the contract.
§ 4 Limited special editions (made to order)
- 1. Some of the seller’s goods are limited special editions which can only be ordered within a fixed period of time via the seller’s online shop. After the end of the order period, an order cannot be placed. The seller reserves the right to change the period.
- 2. An order or a limited special edition placed by the customer is binding. The purchase price is due with the conclusion of the contract according to § 3 No. 2 of these GTC.
- 3. The ordered goods from a limited special edition will be produced after the end of the order period, the shipment of the goods will take place after production. The delivery times are displayed in the respective article description.
- 4. The described production and delivery process has no effect on the binding nature of the order. The order is binding for both the customer and the seller.
§ 5 Retention of title
- 1. In case the customer is a consumer as defined in § 13 German Civil Code (BGB), the customer has a right of withdrawal.
- 2. If the customer falls behind with his payment more than 10 days after due date, the seller reserves the right to withdraw from the contract and to reclaim the goods.
§ 6 Right of withdrawal
- 1. In case the customer is a consumer as defined in § 13 German Civil Code (BGB), the customer has a right of withdrawal. 2. The right of withdrawal is described in the attachment below.
- Further information on the right of withdrawal can be found in the instruction of the seller at the end of these terms and conditions.
- 3. In case of a withdrawal, the customers are asked to send the goods to Happyshops GmbH, Schokholtzstraße 6, 06217 Merseburg.
- 4. It is hereby clarified that – according to the rules described below – the customer must cover the shipping costs in case of a withdrawal.
§ 7 Warranty
- 1. The statutory provisions apply to the warranty.
- 2. The customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller immediately of any cocmplaints. However, failure to inspect the goods does not affect the customer’s statutory warrenty claims.
- 3. For technical reasons, the seller cannot guarantee that the colour of the products will match the colour displayed on the customer’s screen. Customary or minor color deviations do not constitute a defect. The same applies to customary deviations in dimensions and surface quality, provided they are reasonable for the customer.
- 4. If the seller determines that the returned goods were indeed defective within the meaning of § 343 German Civil Code (BGB), the seller shall reimburse the buyer for the costs of the return shipment, but not the original delivery costs, as they would have been incurred even if the delivery had been free of defects.
§ 8 Liability
- 1. The seller is liable for intent and gross negligence. Further, the seller is liable for the negligent breach of obligations, whose fulfillment is essentioal to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may rely on regularly. In the last-mentioned case, the seller is only liable for the foreseeable, typical contractual damage. The seller is not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
- 2. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
- 3. The seller is not liable for continuous and constant availability of the online shop.
- 4. The customer shall not be entitled to terminate the contract due to a delay in delivery if the delay has occurred due to an unforeseeable, unavoidable event beyond the control of the parties and for which the seller is not responsible (such as natural events, war, riots, strikes, natural disaster or embargoes).
§ 9 Data protection
§ 10 Online dispute resolution
- 1. The EU Commission provides a platform for online dispute resolution under the following link:https://ec.europa.eu/consumers/odr
- 2. The seller is neither legally obliged nor willing to participate in the online dispute resolution process.
- Für sämtliche Rechtsbeziehungen der Parteien gilt das Recht der Bundesrepublik Deutschland unter Ausschluss der Gesetze über den internationalen Kauf beweglicher Waren. Bei Verbrauchern gilt diese Rechtswahl nur insoweit, als nicht der gewährte Schutz durch zwingende Bestimmungen des Rechts des Staates, in dem der Verbraucher seinen gewöhnlichen Aufenthalt hat, entzogen wird.
- Änderungen, Ergänzungen oder die Aufhebung dieser Geschäftsbedingungen bedürfen zu ihrer Wirksamkeit der schriftlichen Form. Dies gilt auch für die Aufhebung oder Änderung des vorgenannten Schriftformerfordernisses.
- Sollte eine Bestimmung unwirksam sein oder werden oder sollte diese AGB eine Lücke enthalten, wird dadurch die Rechtswirksamkeit der AGB nicht berührt. Die Parteien sind verpflichtet, eine unwirksame Bestimmung durch eine Wirksame zu ersetzen beziehungsweise der Aufnahme einer lückenausfüllenden Bestimmung zuzustimmen, die dem wirtschaftlichen Sinn und Zweck der unwirksamen bzw. fehlenden Bestimmung am nächsten kommt.
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Berger/Do GbR, Romain-Rolland-Str. 160 13089 Berlin, Germany, 0049 (0) 30 – 629 385 17, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- – To Berger/Do GbR, Romain-Rolland-Str. 160, 13089 Berlin, Germany, firstname.lastname@example.org
- – I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
- – Ordered on (*) / received on (*)
- – Name of consumer(s)
- – Address of consumer(s)
- – Signature of consumer(s) (only if this form is notified on paper)
- – Date
(*) complete as appropriate