1.1 These general terms of business (in the following “Terms and Conditions”) of Constance Fritsche (in the following “shop assistant”), are valid for all contracts which a consumer or enterpriser (in the following “customer”) concludes with the shop assistant concerning from the shop assistant in his on-line shop to shown goods and/or achievements. Herewith it is contradicted the inclusion by own conditions of the customer, unless, something else is agreed.
1.2 Consumer for the purposes of these Terms and Conditions is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser for the purposes of these Terms and Conditions is a natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her commercial or independent professional activity.
2) Contract formation
2.1 In the on-line shop of the shop assistant to contained product descriptions no obliging offers explain on the part of the shop assistant, but serve for the delivery of an obliging offer by the customer.
2.2 The customer can deliver the offer about in the on-line shop of the shop assistant integrated on-line order form. The customer delivers to it, after he the well-chosen goods and/or achievements in the virtual goods basket laid and the electronic order process run through has, by click of the badge concluding the order process a juridically obliging contract offer concerning the goods contained in the goods basket and/or achievements. Further the customer can deliver the offer also by telephone, by fax, by e-mail or by mail towards the shop assistant.
2.3 The shop assistant can accept the offer of the customer within five days, while he transmits a written confirmation of order or a confirmation of order in text form (fax or e-mail to the customer) and in this respect the access of the confirmation of order is decisive with the customer, or
while he delivers the ordered product to the customer and in this respect the access of the product is decisive with the customer, or
while he requests the customer after delivery of his order to the payment.
If several of the precalled alternatives are given, the contract comes about at the time at which one of the precalled alternatives enters first. If the shop assistant does not accept the offer of the customer within precalled term, this is valid as a refusal of the offer with the result that the customer is not bound any more to his declaration of intention.
2.4 The term to the acceptance of the offer starts to run on the day after sending the offer by the customer and ends with the expiry of the fifth day which follows sending the offer.
2.5 With the delivery of an offer about the on-line order form of the shop assistant the contract text is stored by the shop assistant and is sent to the customer after sending his order together with the present Terms and Conditions in text form (e. g. , e-mail, fax or letter). The contract text cannot be called away by the customer after sending his order, nevertheless, any more about the Internet site of the shop assistant.
2.6 Before obliging delivery of the order about the on-line order form of the shop assistant the customer can correct his inputs constantly about the usual keyboard functions and mouse functions. In addition, all inputs are indicated before the obliging delivery of the order once again in a confirmation window and can be also corrected there by means of the usual keyboard functions and mouse functions.
2.7 Exclusively the German is available for the contract end.
2.8 The order winding up and establishment of contact take place as a rule by e-mail and automated order winding up. The customer has to make sure that from him for the order winding up given e-mail address is appropriate, so that at this address e-mails sent by the shop assistant can be received. In particular the customer has to make sure by the application of SPAM filters that everybody by the shop assistant or by this third commissioned with the order winding up can be blocked to sent e-mails.
3) Cancellation right
3.1 A cancellation right is entitled basically to consumers.
3.2 Closer information about the cancellation right arises from the cancellation instruction of the shop assistant.
3.3 The cancellation right is not valid for consumer who belong at the time of the contract end to no member state of the European Union and whose sole residence and address of delivery lie at the time of the contract end beyond the European Union.
4) Prices and payment terms
4.1 Provided that from the product description of the shop assistant nothing else arises, it concerns with the quoted prices the whole prices which contain the legal sales tax. If necessary, in addition, attacking delivery expenses and forwarding expenses are given in the respective product description separately.
4.2 By deliveries in countries beyond the European Union other costs can result in particular cases which the shop assistant does not have to represent and they are to be carried of the customer. Moreover, for example, costs count for the monetary transmission by loan institutes (e. g. , transfer fees, exchange rate fees) or import-juridical deliveries or the taxes (e. g. , duties). Such costs can result concerning the monetary transmission also if the delivery does not occur in a country beyond the European Union, the customer the payment, however, from a country beyond the European Union from carries out.
4.3 The different payment possibilities which are given in the on-line shop of the shop assistant are available to the customer.
4.4 If cash in advance is agreed, the payment is due immediately after completion of the contract.
4.5 The customer can choose from the following payment kinds: Precash, giropay, paydirekt, IMMEDIATELY transfer or an individual leasing offer of the supplier receive.
5) Terms of delivery and dispatch terms
5.1 The delivery of goods occurs on the dispatch way to the address of delivery given by the customers, provided that nothing else is agreed. By the winding up of the transaction given address of delivery is decisive in the order winding up of the shop assistant. Aberrantly from this deposited address of delivery is decisive with choice of the payment kind PayPal from the customer at the time of the payment with PayPal.
5.2 If the transportation company sends back the sent product to the shop assistant, because a delivery was not possible with the customer, the customer bears the costs for the fruitless dispatch. This is not valid if the customer uses his cancellation right efficiently if he does not have to represent the fact which has led to the impossibility of the delivery or if he was prevented temporarily in the acceptance of the offered achievement, unless the shop assistant had announced him the achievement an adequate time before.
5.3 If the customer acts as an enterpriser, the danger of the accidental setting and the accidental deterioration of the sold product on the customer goes over, as soon as the shop assistant has delivered the thing to the forwarding agent, the carrier or, otherwise, for the implementation of the sending certain person or institution. If the customer acts as a consumer, the danger of the accidental setting and the accidental deterioration of the sold product goes over basically only in handing over of the product to the customer or a person authorised to receive. Aberrantly from this the danger of the accidental setting and the accidental deterioration of the sold product also goes over with consumers already on the customer, as soon as the shop assistant has delivered the thing to the forwarding agent, the carrier or, otherwise, for the implementation of the sending certain person or institution if the customer has instructed the forwarding agent, the carrier or which, otherwise, for the implementation of the sending certain person or institution with the implementation and has not named the shop assistant to the customer this person or institution before.
5.4 The shop assistant reserves himself the right to withdraw in case of not more properly or not proper selfsupply from the contract. This is valid only for the case that the non-delivery is not to be represented by the shop assistant and has concluded this with the compulsory care a concrete covering transaction with the supplier. The shop assistant will make all reasonable efforts to procure the product. In case of the non-availability or the only partial availability of the product the customer is immediately informed and the consideration is immediately refunded.
5.5 Pickup by the customer is not possible for logistic reasons.
6) Reservation of ownership
6.1 Compared with consumers the shop assistant reserves himself the property in the delivered product up to the entire payment of the owed purchase price.
6.2 Compared with enterprisers the shop assistant reserves himself the property in the delivered product up to the entire settlement of all demands from a running business connection.
6.3 If the customer acts as an enterpriser, he is entitled to the wide disposal of the reservation product in the proper business concern. The customer resigns all demands originating out of this against third by height of the respective calculation value (including sales tax) in advance to the shop assistant. This cession is valid no matter whether the reservation product has been resold without or after processing. The customer remains authorised for the collection of the demands also after the cession. To draw the competence of the shop assistant, the demands independently, remains of it untouched. Nevertheless, the shop assistant will not draw the demands, as long as the customer to his bills of debt follows towards the shop assistant, does not get in default and no application for opening of an insolvency procedure is made.
7) Liability for defects (guarantee)
If the purchase thing falls short, are valid the regulations of the legal liability for defects. From this aberrantly is valid:
7.1 For enterprisers
if an inessential lack founds basically no fault claims;
if the shop assistant has the choice of the kind of the subsequent performance;
if the period of limitation amounts with new goods for defects a year from danger crossing;
if the rights and claims are basically excluded with used goods because of defects;
if the limitation does not begin once more if within the scope of the liability for defects a spare delivery occurs.
7.2 For consumers the period of limitation amounts for fault claims with used goods a year from delivery of the product to the customer, with the restriction of the following figure.
7.3 The protrudingly regulated restrictions of liability and period of limitation shortening are valid nichtfür things which have not been used according to her usual use for a building and have caused whose faultiness,
for the damages from the injury of the life, the body or the health which are based on a deliberate or careless duty injury of the shop assistant or a deliberate or careless duty injury of a legal representative or fulfilment assistant of the shop assistant,
for the other damages which are based on a deliberate or roughly careless duty injury of the shop assistant or on a deliberate or roughly careless duty injury of a legal representative or fulfilment assistant of the user, as well as
for the case that the shop assistant has hid the lack cunningly.
7.4 In addition, is valid for enterpriser that the legal periods of limitation remain a Civil Code untouched for the resort claim after §478.
7.5 If the customer acts as a businessman i. S. d. §1 HGB, the business investigation and rebuke duty meets him according to §377 HGB. If the customer omits from the obligations of registration regulated there, the product is valid as approved.
7.6 If the customer acts as a consumer, he is asked to complain delivered goods with evident damages in transit to the delivery agent and to inform the shop assistant from this. If the customer does not follow, this has no effects on his legal or contractual fault claims.
The shop assistant sticks to the customer from all contractual, legal similar to contract, also offence broads to claims to compensation and expenditure substitute as follows:
8.1 The shop assistant sticks for every legal argument without limitation with intention or coarse carelessness,
by deliberate or careless injury of the life, the body or the health,
on account of a guarantee promise, as far as concerning this nothing else is regulated,
on account of compelling liability as for example according to the product liability law.
8.2 If the shop assistant injures negligently an essential contract duty, the liability is limited to the predictable damage typical for contract, provided that is not stuck according to preceding figure unrestrictedly. Essential contract duties are duties which the contract imposes on the shop assistant after his contents for the reaching of the contract purpose whose fulfilment generally only allows the proper realisation of the contract and may trust in their observance the customer regularly.
8.3 For the rest, a liability of the shop assistant is excluded.
8.4 Preceding liability regulations are also valid in view of the liability of the shop assistant for his fulfilment assistants and legal representative.
9) Applicable right
9.1 The right of the Federal Republic of Germany is valid for all legal relations of the parties to the exclusion of the laws about the international purchase of movable goods. With consumers this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
9.2 Further this legal choice is not valid in view of the legal cancellation right with consumers who belong at the time of the contract end to no member state of the European Union and whose sole residence and address of delivery lie at the time of the contract end beyond the European Union.