Terms of Service
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of the (hereinafter: “seller”) relating to the online shop sandra-zambon.de and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is brought.
(5) We deliver to the following countries: European Union.
(6) Customers have the option of using an alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr .
§ 2 contract content and conclusion of contract
(1) The seller offers customers in the online shop sandra-zambon.de new goods, especially handmade art, for sale.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer’s order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order are confirmed to the customer by email.
(3) The contract text can no longer be viewed after the order has been placed. We therefore ask you to save the text of the contract.
§ 3 prices, shipping costs, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. The seller makes use of the small business regulation according to § 19 UStG and therefore does not show sales tax. All prices are final prices.
(2) The prices include shipping costs. For orders outside the online shop (see § 2 Paragraph 3), the prices stated in the seller’s offer apply, also including shipping costs.
(3) The delivery to the customers by the seller takes place at the request of the customer against the following payment methods: Prepayment (by bank transfer,.
If the customer chooses to pay in advance by bank transfer, payment is due no later than 7 calendar days after the conclusion of the contract.
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is given to him upon delivery of the goods or otherwise in text form.
§ 4 delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address given by the customer. The delivery takes place directly from the manufacturer.
(2) The availability of the individual goods is specified in the item descriptions. Unless otherwise expressly agreed, the seller dispatches goods in stock within 14 working days after payment has been made (in the case of prepayment by bank transfer: within 14 working days after receipt of payment). If the goods are marked as not in stock when selling via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is non-binding, unless the delivery date has been bindingly promised by the seller as an exception.
(3) The seller reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is wholly or partially is omitted. This self-delivery reservation only applies if the seller is not responsible for the lack of delivery. The seller is not responsible for the failure to perform if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse the purchase price and shipping costs that have already been paid.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay with delivery of the goods are transferred to the forwarding agent, the carrier or the person otherwise assigned to carry out the shipment.
§ 5 reservation of title
The delivered goods remain the property of the seller until all claims from the contract have been met; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims that the seller in connection with have been settled are entitled to the contract.
§ 6 right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) If there are defects, the customer is entitled to statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.
Instructions for proper handling can be found in the manufacturer’s descriptions.
(3) Defects must be reported to the seller by the customer within a warranty period of two years for new items or one year for used items.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer that are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible or that are based on willful or grossly negligent fault of the seller or his vicarious agents.
The foregoing abbreviations do not apply to defects in a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The above abbreviations also do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer that are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible are based on willful or grossly negligent fault of the seller or his vicarious agents.
(4) If there are defects and if they were claimed in good time, the seller is entitled to supplementary performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In addition, the statutory provisions apply.
§ 8 Duty to inform in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should immediately notify the forwarding agent / freight service without prejudice to his warranty rights (§ 7) and immediately by email or in any other way (fax / post) contact the seller so that he can protect any rights vis-à-vis the freight forwarder / freight service.
§ 9 Disclaimer
(1) Outside of liability for material defects and defects of title, the seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations, the breach of which endangers the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability in the previous paragraph do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. </ span >
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
You can also use the sample cancellation form or another clear declaration on our website sandra-zambon.de fill in electronically and submit. If you make use of this option, we will send you a confirmation of receipt of such a cancellation immediately (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose another Type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract to us or to ___________________________________ [where applicable, the To insert the name and address of the person authorized by you to receive the goods]. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.
If you want to cancel the contract, please fill out this form and send it back to us:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (* ) ……………………………….
Ordered on (*) / received on (*) ………………….
Name of the consumer (s) ……………………… </ span >
Address of the consumer (s) ……………………… </ span >
Signature of the consumer (s) (only for communication on paper) ………………….. ….
(*) delete what does not apply.
Created by: Liesegang & amp; Partner mbB, lawyers