Terms of service

Table of Contents

1. Scope of Application
   
2. Conclusion of Contract
   
3. Right of Withdrawal
   
4. Prices and Payment Terms
   
5. Delivery and Shipping Conditions
   
6. Retention of Title
   
7. Liability for Defects (Warranty)
   
8. Liability
   
9. Applicable Law
   
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Anna-Maria Scherer, trading as “Anna-Maria Scherer” (hereinafter “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed in this respect. In this case, in addition to the delivery of the goods, the Seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These GTC shall apply accordingly to contracts for the delivery of physical data carriers which serve exclusively as carriers of digital content, unless otherwise agreed in this respect. Digital content within the meaning of these GTC means data that is created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.5 An entrepreneur within the meaning of these GTC is a 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

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

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button concluding the order process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days,

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry 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 a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby already declares acceptance of the Customer’s offer at the time when the Customer clicks the button concluding the order process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the relevant login data.

2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the order process.

2.7 The German language shall be available for the conclusion of the contract.

2.8 Order processing and contacting generally take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to 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 Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. VAT is not charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the payment service “PayPal” is selected, payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller makes advance payment to the Customer (e.g. purchase on invoice or payment by installments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.4 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the purpose of processing payments, Stripe may use other payment services, for which special payment terms may apply, to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If 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 shall not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller’s cancellation policy shall apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this 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 shall only apply in the event that the Seller is not responsible for the non-delivery and that the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed without undue delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

- the Seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
- for used goods, defect claims shall be excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of time limits regulated above shall not apply

- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal ground

- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical foreseeable damage of the contract, unless unlimited liability applies in accordance with the foregoing provision. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract in the first place, and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above provisions on liability shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.