- Contract conclusion
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Reservation of ownership
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternate dispute resolution
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1.1 These General Terms and Conditions (hereinafter "GTC") of Julia Du, trading as "GEMLY & Co." (hereinafter "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online store. Hereby, the inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise expressly regulated.
1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. 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 his commercial or self-employed professional activity.
2) Contract conclusion
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the sending of the offer by the customer and ends with 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.
2.6 Before bindingly placing 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 recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during 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 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices. VAT is not shown, since the seller is a small entrepreneur in the sense of the VAT Act. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 store.
4.4 If the payment method "SOFORT" is selected, the payment will be processed via 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 online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More information about the payment method "SOFORT" can the customer look up on the Internet at https://www.klarna.com/sofort/.
4.5 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via 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 store. For the processing of payments, Stripe may 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 on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.6 If you select a payment method offered via the payment service "Klarna", the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the terms and conditions of Klarna in this regard can be found in the payment information of the seller, which can be viewed at the following Internet address:
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the 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 return if the customer effectively exercises his right of withdrawal. For the return, costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard is listed in the cancellation policy of the seller.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. 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 will be informed immediately and the consideration will be refunded without delay.
5.4 Self-collection is not possible for logistical reasons.
5.5 Vouchers are left with the customer as follows:
- by email
6) Retention of title
If the seller makes advance performance, he retains 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 shall apply.
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect occurs only after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the liability period to one year does not apply.
- for items that have been used in accordance with their customary use for a building and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- for the case that the seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory 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 store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance 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 may be chosen to settle the difference.
8.7 The balance of a promotional voucher will not be paid out in cash nor will it earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
9) Redemption of gift certificates
9.1 Gift certificates that can be purchased through the seller's online store (hereinafter "gift certificates") can only be redeemed in the seller's online store, unless otherwise stated in the gift certificate.
9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the Voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 More than one gift voucher can be redeemed in one order.
9.5 Gift certificates can only be used to purchase merchandise and cannot be used to purchase additional gift certificates.
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 may be chosen to settle the difference.
9.7 The balance of a gift voucher will not be paid out in cash or earn interest.
9.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation authority of the respective holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.