Terms of service
General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "GTC") of DrMelanie Graeb (hereinafter referred to as "seller") applies to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods displayed by the seller in his online shopWe hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activityEntrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs firstThe period for accepting the offer begins on the day after the offer is sent by the customer and ends on the fifth day following the submission of the offerIf the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g.BEmail, fax or letter)The seller will not make the contract text accessible beyond thisIf the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer using his password-protected user account and specifying the corresponding 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 screenAn effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screenThe 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 concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 The order processing and contacting usually take place via email and automated order processingThe customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have 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 is 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 the statutory value added taxIf applicable, 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, which the seller is not responsible for and which are to be borne by the customerThese include, for example, costs for the transfer of money by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties or taxesTaxes (e.g.Duties)Such costs can also arise in relation to the money transfer 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 prepayment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is 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 shopStripe can use other payment services to process paymentsSpecial payment terms apply, to which the customer mayis pointed out separatelyFurther information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreedWhen processing the transaction, the delivery address specified in the seller's order processing is decisiveDeviating from this, the delivery address deposited by PayPal at the time of payment is decisive when selecting the payment method PayPal.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the sellerThis does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellationIf the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 In the case of collection by the seller, the seller first informs the customer by email that the goods he has ordered are ready for collectionAfter receiving this email, the customer can collect the goods from the seller's headquarters after consulting the sellerIn this case, no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
- by email
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completedSubsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucherAny remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.7 The credit of a promotional voucher is neither paid out in cash nor interest.
8.8 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on itA transfer of the campaign voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
9.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchasedRemaining credit will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completedSubsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed when placing an order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit of a gift voucher is neither paid out in cash nor interest.
9.8 The gift voucher is only intended for use by the person named on itA transfer of the gift voucher to a third party is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Applicable law
10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goodsFor 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 is habitually resident.
10.2 Furthermore, this choice of law 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 is outside the European Union at the time the contract is concluded.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.