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general terms and conditions
§ 1 Scope and Provider
These General Terms and Conditions apply to all orders you place at the online shop of Little Mannheim, managed by: Benedikt Hild.
The range of products in our online shop is exclusively intended for buyers who have reached the age of 18.
Our deliveries, services, and offers are based solely on these General Terms and Conditions. These General Terms and Conditions also apply to all future business relationships with companies, even if they are not expressly agreed upon again. We hereby object to any inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions.
The contract language is exclusively German.
You can access and print the currently valid General Terms and Conditions on the website little-mannheim.de/general-terms-and-conditions.
§ 2 Conclusion of Contract
The presentation of goods in the online shop does not constitute a binding offer for the conclusion of a purchase contract. Instead, it is an invitation to order goods in the online shop.
By clicking the button ["Order Now" / "Buy Now"], you make a binding offer to purchase (§ 145 BGB).
Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (Order Confirmation). This Order Confirmation does not constitute acceptance of your purchase offer. A contract is not concluded by the Order Confirmation.
A purchase contract for the goods is only concluded when we explicitly accept the purchase offer (Order Confirmation) or when we dispatch the goods to you without prior explicit acceptance.
§ 3 Prices No value-added tax is disclosed due to the application of the small business regulation according to § 19 UStG. The prices include other price components and are subject to the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Delivery Terms"].
§ 4 Payment Terms; Default
Payment is made through PayPal.
The selection of available payment methods is at our discretion. We reserve the right to offer you selected payment methods for payment, for example, to secure our credit risk with advance payment.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. To pay the invoice amount via PayPal, you must be registered there or register, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information is provided during the ordering process. The payment transaction is automatically carried out by PayPal immediately thereafter.
If you are in default of payment, you are obligated to pay the statutory default interest at a rate of 5 percentage points above the base rate. For each reminder sent after the default has occurred, we will charge you a reminder fee of €2.50, unless a lower or higher damage is proven in individual cases.
§ 5 Offset/Retention Right
You only have the right to offset if your counterclaim has been legally established, is not disputed, or is acknowledged by us or is in a close synallagmatic relationship to our claim.
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
Unless otherwise agreed, delivery of the goods takes place from our warehouse to the address you provided.
The goods remain our property until full payment of the purchase price.
In exceptional cases, we are not obligated to deliver the ordered goods if we have duly ordered the goods but have not been properly or timely supplied (congruent covering transaction). The condition is that we are not responsible for the lack of availability, and we have informed you immediately of this circumstance. Furthermore, we must not have taken over the risk of procuring the ordered goods. In the event of the goods' non-availability, we will refund any payments already made to you without delay. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to the order of goods described only by their type and characteristics (generic goods). We are only obliged to deliver from our stock and the goods ordered from our suppliers.
If you are an entrepreneur as defined in § 14 BGB, the following applies additionally:
We reserve ownership of the goods until full settlement of all claims from the ongoing business relationship. Before transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted.
You may resell the goods in the ordinary course of business. For this case, you already assign all claims arising from the resale to us in the amount of the invoice total, and we accept this assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you fail to meet your payment obligations.
In the event of combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is at our discretion.
§ 7 Right of Revocation In the event that you are a consumer within the meaning of § 13 BGB, meaning you make the purchase for purposes that can be primarily attributed to neither your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of Withdrawal You have the right to revoke this contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us,
Name: Benedikt Hild Address: L2 1 68161 Mannheim Email: kontakt@littlefotografie.de
by means of a clear statement (e.g., a letter sent by mail, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal If you withdraw from this contract, we shall reimburse all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, or Benedikt Hild, L2 1, 68161 Mannheim, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost 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.
Model Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back.)
To
Name: Benedikt Hild Address: L2 1 68161 Mannheim Email: kontakt@littlefotografie.de
I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),
Ordered on ()/received on (),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
End of Revocation Instruction
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g., T-shirts with your photo and your name), sealed goods that are not suitable for return due to health protection or hygiene reasons and whose seal was removed after delivery, goods that have been mixed inseparably with other goods after delivery due to their nature, audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, and newspapers, periodicals, or magazines, except for subscription contracts.
Please avoid damage and contamination. If possible, return the goods to us in their original packaging with all accessories and all packaging components. If you no longer have the original packaging, please provide suitable packaging to ensure adequate protection against damage in transit to avoid claims for damages due to inadequate packaging.
Please call us at [phone number] before returning the goods to announce the return. In this way, you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Transport Damage
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
The omission of a complaint or contact has no consequences for your statutory warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.
§ 9 Warranty
Unless explicitly agreed otherwise, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims for damages based on the breach of life, body, health, or a violation of a major contractual obligation, the fulfillment of which enables the proper execution of the contract and on which the contract partner may regularly rely (cardinal obligation), as well as claims for damages resulting from other breaches of obligations that are due to intentional or grossly negligent breaches of duty by the provider or its legal representatives.
For other warranty issues, the statutory provisions apply.
If you are a businessman within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
Only our own information and the product description of the manufacturer are binding for the condition of the goods, but not public praise, advertisements, or any other statements by the manufacturer.
You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. To meet the deadline, the timely dispatch of the notification is sufficient. This also applies to later discovered hidden defects from the time of discovery. If you fail to fulfill the examination and reprimand obligation, our liability for the unreported defect is excluded.
In the case of defects, we provide warranty by choosing either rectification or replacement (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may demand a reduction in price or withdraw from the contract at your option.
The warranty period is one year from the date of delivery.
§ 10 Liability
Unlimited liability: We are liable without limitation for intent and gross negligence, and in accordance with the Product Liability Act. In the case of slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.
For other cases of slight negligence, we are only liable in the event of a breach of an essential contractual obligation (cardinal obligation). In this case, our liability is limited to the foreseeable, typically occurring damages. This limitation of liability also applies to our vicarious agents.
§ 11 Alternative Dispute Resolution The European Commission has provided a platform for online dispute resolution. This platform gives consumers the opportunity to resolve disputes related to their online orders without going to court initially. The dispute resolution platform is available at the external link https://ec.europa.eu/consumers/odr/.
We are committed to resolving any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in a dispute resolution process and unfortunately cannot offer you participation in such a process.
§ 12 Final Provisions
If one or more provisions of these Terms and Conditions are or become invalid, the remaining provisions remain unaffected.
German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The choice of law does not affect the mandatory provisions of the country in which you have your habitual residence.
If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: September, 2020
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4