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Terms of Service

General terms and conditions (GTC) and consumer information in the context of sales contracts that are concluded via the online shop between Lilli Kirschmann -
hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer".

§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer insofar as he concludes the contract for purposes that cannot be attributed to his commercial or self-employed professional activity.
On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of contract
(1) The contract is concluded with:
Lilly Kirschmann
Reinachweg 6
73760 Ostfildern

(2) The essential features of the goods result from the respective product description provided by the seller.

(3) All offers in the seller's online shop merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer is first sent a confirmation of his order from the seller, usually by e-mail (order confirmation). the
Order confirmation does not yet represent acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation).

§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract are the goods and services specified by the customer in the context of the order and named in the order/or order confirmation at the final prices named in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.

(2) The nature of the ordered goods results from the product descriptions in the online shop.
Images on the website may not accurately reflect the products; Colors in particular can deviate significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance description are given as precisely as possible, but can show the usual deviations. The properties described here do not constitute defects of the
Products supplied by Seller.

(3) If no copies of the product selected by the customer are available at the time the customer places the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the seller is also entitled to withdraw from the contract.
In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 Delivery, prices, shipping costs
(1) The delivery to the shipping company takes place no later than three days after receipt of the money. Exceptions are possible depending on the product! Please note the relevant shipping conditions in the respective product descriptions!
(2) The delivery time is up to five days within Germany. The seller will indicate any deviating delivery times on the respective product page. 
The delivery time internationally varies and depends on the destination country. 

(3) Goods will be shipped to Germany and internationally.

(4) The prices quoted are retail prices excluding shipping costs within the Federal Republic of Germany. The shipping costs are displayed in the shopping cart and at checkout. The customer receives an invoice.
(5) International deliveries must be paid additionally and therefore extra by the customer. The extra costs shown are displayed in the shopping cart and at checkout. The customer receives an invoice.

§ 5 Payment
Payment is made in advance or within 14 days by invoice after receipt of order. 
If the payment is not made within 14 days after receipt of the order, the seller reserves the right to cancel the order 15 days after receipt of the order.

§ 5.1 Shipping after payment
The goods will only be shipped as soon as the customer has paid the purchase price in advance or by bank transfer afterwards.
After receipt of payment, shipping will take place within 1-3 working days.

§ 6 Damage in transit
(1) If goods are delivered with obvious transport damage, the customer is asked to complain about this error immediately to the deliverer and to contact the seller as soon as possible.

(2) The omission of a complaint or the failure to make contact has no consequences for the statutory warranty rights of the customer, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.

§ 7 Warranty for Material Defects
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) There is only a guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.

§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.

§ 9 Liability
The legal regulations apply.

§ 10 contract text
The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on the seller's website. The order data will be sent to the customer by email. 

§ 11 Dispute Resolution

The European Union has set up an online platform ("Online Dispute Resolution Platform") for out-of-court settlements in consumer disputes, which you can find here: Online Dispute Resolution

§ 12 Final Provisions
(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn from the customer.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's registered office. This also applies if the customer does not have or does not have a general place of jurisdiction in Germany or the EU
domicile or habitual abode is not known at the time the action is filed.

Impressum

Disclaimer

Responsibility for Content

The operators of the linked sites are solely responsible for the content of external links (to third-party websites). At the time of linking, no legal violations were recognizable to me.
As soon as I become aware of legal violations, I will remove such links immediately.

Copyright

My websites and their content are subject to German copyright law. Unless expressly permitted by law, any form of exploitation, duplication or processing of copyrighted works on my website requires the prior consent of the respective copyright holder. Individual reproductions of a work are only permitted for private use. The materials on this site are copyrighted and any unauthorized use may violate copyright laws.

Note on small business regulation

I am currently a self-employed small business owner within the meaning of §19 UStG (German law), so I do not calculate sales tax, do not show it on the invoices and therefore do not calculate it on the sales value of my goods.

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