guidelines

right of withdrawal

You have the right to withdraw from 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 took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (Annett Scholz-Michalowski
Photodesign Annett Scholz - Ann Gol'dor, Inner Lauenstraße 3, 02625 Bautzen, Germany, Tel.: 01729511940, Email: kontakt@ann-goldor.de) by means of a clear statement (e.g. a letter sent by post). or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You 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, characteristics and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for 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.

B. Withdrawal Form

If you want to revoke the contract, please fill out this form and send it back.

At

Annett Scholz Michalowski
Photodesign Annett Scholz - Ann Gol'dor
Inner Lauenstrasse 3
02625 Bautzen
Germany

Email: kontakt@ann-goldor.de

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 consumer(s)

__________________________________________________________
Address of consumer(s)

__________________________________________________________
Signature of consumer(s) (only if notification is on paper)

__________________________
Date

(*) Delete where not applicable



Data protection

1) Information about the collection of personal data and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Annett Scholz-Michalowski
Photodesign Annett Scholz - Ann Gol'dor, Inner Lauenstrasse 3, 02625 Bautzen, Germany, Tel.: 01729511940, Email: kontakt@ann-goldor.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential content (eg orders or inquiries to the person responsible), this website uses an SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you came to the page
  • Browser used
  • Operating system used
  • IP address used (if necessary: ​​in anonymous form)

The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

3) Hosting & Content Delivery Network

Hosted by Shopify
We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify") for the purpose of hosting and displaying the online shop on the basis of a processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of the aforementioned Shopify services, data may also be processed as part of further processing on behalf of Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc .or Shopify (USA) Inc. In the case of the transmission of data to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by the European Commission's adequacy decision. Further information on Shopify's data protection can be found on the following website: https://www.shopify.de/legal/datenschutz
Further processing on servers other than those of Shopify mentioned above only takes place within the scope communicated below.

4) Cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted after closing the browser (so-called “session cookies”), some of these cookies remain on your end device for a longer period of time and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings in your web browser.
If personal data is also processed by individual cookies used by us, the processing takes place in accordance with Article 6 (1) (b) GDPR either for the execution of the contract, in accordance with Article 6 (1) (a) GDPR in the event that consent has been given or in accordance with Art. 6 (1) (f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general.
Please note that if cookies are not accepted, the functionality of our website may be restricted.

5) Contact

When contacting us (e.g. via contact form or email), personal data is processed – exclusively for the purpose of processing and answering your request and only to the extent required for this. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.

6) Use of Customer Data for Direct Marketing

6.1 Subscribing to our email newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. Providing further data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you only receive the newsletter if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided

By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6 (1) (a) GDPR. We store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later point in time. The data we collect when registering for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have unsubscribed, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we will inform you in this declaration.

6.2 - Newsletter delivery via Omnisend
Our e-mail newsletter is sent via the technical service provider Omnisend (Soundest Ltd., Unit a3, Gateway Tower, 32 Western Gateway, London E16 1YL, United Kingdom), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Article 6 (1) (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter for the purpose of subscribing to the newsletter (e.g. e-mail address) will be stored on Omnisend's servers in the EU.
Omnisend uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be determined whether a newsletter message has been opened and which links have been clicked on. Technical information is also recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is only collected in a pseudonymised form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, Omnisend can use this data in accordance with Art. 6 Paragraph 1 lit. f GDPR itself due to its own legitimate interest in the needs-based design and optimization of the service as well as for market research purposes, for example to determine from which countries the recipients come. However, Omnisend does not use the data of our newsletter recipients to write to them themselves or to pass them on to third parties.
We have concluded an order processing contract with Omnisend, with which we oblige Omnisend to protect the data of our customers and not to pass it on to third parties.
You can view Omnisend's privacy policy here: https://www.omnisend.com/privacy

7) Data processing for order processing

7.1 Insofar as it is necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned bank in accordance with Article 6 Paragraph 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the framework of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

7.2 Use of payment service providers (payment services)

- Shopify Payments
We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered by the payment service provider Shopify Payments, the payment will be processed by the technical service provider Stripe Payments Europe Ltd. , 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we send the information you provided during the ordering process together with the information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Article 6 (1) (b) GDPR. Your data will only be passed on for the purpose of payment processing with Stripe Payments Europe Ltd. and only insofar as it is necessary for this. For more information about Shopify Payments' privacy policy, visit the following web address: https://www.shopify.com/legal/privacy .
Data protection information on Stripe Payments Europe Ltd. can be found here: https://stripe.com /de /privacy

8) Online Marketing

- Google AdSense
This website uses Google AdSense, a web advertising service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google AdSense uses so-called cookies, i.e. text files that are stored on your computer and enable an analysis of your use of the website. In addition, Google AdSense also uses so-called "web beacons" (small invisible graphics) to collect information, which can be used to record, collect and evaluate simple actions such as visitor traffic on the website. The information generated by the cookie and/or web beacon (including your IP address) about your use of this website is usually transmitted to a Google server and stored there. This can also lead to a transmission to the servers of Google LLC. come in the US.
Google uses the information obtained in this way to evaluate your usage behavior with regard to the AdSense ads. The IP address transmitted by your browser as part of Google AdSense will not be merged with other Google data. The information collected by Google may be transferred to third parties if this is required by law and/or if third parties process this data on behalf of Google.
All of the processing described above, in particular the reading of information on the end device used via cookies and/or web beacons, will only be carried out if you have given us your express consent in accordance with Article 6 (1) (a) GDPR. Without this consent, Google AdSense will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future by deactivating this service in the “Cookie Consent Tool” provided on the website.
Google's privacy policy can be viewed here: https://www.google.de /policies /privacy /

9) Site Functionalities

Google Translate

This site uses the "Google Translate" translation service of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") via an API integration. In order for the translation to be automatically displayed after you have selected a national language, the browser you are using connects to the Google servers. Google uses so-called "cookies", which are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including the abbreviated IP address) is usually transmitted to a Google server and stored there. It can also be transmitted to the servers of Google LLC. come in the US.
You can see more information about Google Translate and Google's privacy policy at: https://www.google.com/policies/privacy/

You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, whereby reference is made to the legal basis given for the respective exercise requirements:

  • Right to information according to Art. 15 GDPR;
  • Right to rectification according to Art. 16 GDPR;
  • Right to erasure according to Art. 17 GDPR;
  • Right to restriction of processing in accordance with Art. 18 GDPR;
  • Right to information according to Art. 19 GDPR;
  • Right to data portability according to Art. 20 GDPR;
  • Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR;
  • Right to complain according to Art. 77 GDPR.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.

11) Duration of storage of personal data

The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).

When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.

If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.

When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

General terms and conditions of business

Table of contents

  1. scope
  2. conclusion of contract
  3. right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. retention of title
  7. Liability for defects (warranty)
  8. Applicable Law
  9. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Annett Scholz-Michalowski, trading under "Photodesign Annett Scholz - Ann Gol'dor" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur ( hereinafter "customer") with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 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 independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 e-mail), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal - Terms of use, available at https://www.paypal.com /de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks on the button that completes the ordering process.

2.5 If the "Amazon Payments" payment method is selected, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de /help /201751590 . If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to Amazon. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.7 Before submitting a binding 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 German and English are available for the conclusion of the contract.

2.9 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned 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 cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/ .

4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed 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. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. 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 to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is 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 does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying 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 delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • in the case of used goods, the rights and claims due to defects are excluded;
  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.3 The limitations of liability and reductions in deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Governing Law

8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

9) Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.