General terms and conditions of business
General terms and conditions of business
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Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at ec.europa.eu/odr .
Right of withdrawal
§6 Right of withdrawal of the customer as a consumer: Right of withdrawal for consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity:
Right of withdrawal
Right of withdrawal
(1) Commissioned drawings & paintings
For contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Therefore, according to Section 312 g Paragraph 2 No. 1 BGB, there is no right of cancellation.
(2) The following applies to orders for finished items:
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfillment of my information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation in good time. The cancellation must be sent to:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Linda Gleissner, Barbenstrasse 5, 83059 Kolbermoor
- 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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is on paper)
- Date
(*) Delete as appropriate.
General Terms and Conditions and Customer Information/Privacy Policy
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with me as the provider (Linda Gleißner) via the Internet platform. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) When purchasing the goods, the customer confirms that he is over 18 years of age and has full legal capacity.
§ 1b Custom-made products
Custom-made products according to customer requirements (order drawings)
Craftsmanship takes time and therefore my production time is up to 3 months depending on the order situation.
For individually designed goods or goods, cancellation is not possible.
Right of withdrawal §312g para. 2 (1) BGB
No right of cancellation or return for unique items made according to customer requirements.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If we list an article, the activation of the offer page constitutes a binding offer to conclude a contract under the conditions contained in the article page.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After selecting the payment method and calling up the "Proceed to checkout" or "Pay with PayPal" page, you enter your personal data and the data related to the payment method. Finally, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal or Sofortüberweisung) as your payment method, you will first be redirected to the website of the provider of the instant payment system. You will then be redirected back to the order overview page.
Before submitting your order, you have the opportunity to check all the information again on the order overview page, to change it (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You will provide me with the appropriate information, texts or files required for the individual design of the goods by email before the contract is concluded. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release me from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.
(3) I do not check the transmitted data for accuracy and accept no liability for errors.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible within 14 days.
§ 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Linda Gleissner
Uhlandstraße 18
09130 Chemnitz
Germany
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. I do not save the complete contract text. Before submitting the order, the contract data can be printed out using the browser's print function or saved electronically. After I receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on my website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery and shipping conditions
6.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided during order processing is decisive.
6.2 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 to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
6.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
last update: 19.04.2024
Data protection
Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide the data has no consequences. This only applies if no other information is provided in the subsequent processing operations.
“Personal data” means any information relating to an identified or identifiable natural person.
Responsible
Please contact me if you wish. The contact details of the person responsible for data processing can be found in my legal notice.
Collection, processing and transfer of personal data when placing orders
When you place an order, I only collect and process your personal data to the extent that this is necessary to fulfil and process your order and to process your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is carried out on the basis of Art. 6 Para. 1 lit. b GDPR and is necessary for the fulfilment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, I strictly observe the legal requirements. The scope of data transmission is limited to a minimum.
Duration of storage
After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular those under tax and commercial law, and then deleted after the deadline has expired, unless you have consented to further processing and use.
Rights of the data subject
If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to rectification, to erasure, to restriction of processing, to data portability.
Furthermore, according to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR and to processing for direct marketing purposes.
Right to object
If the personal data processing listed here is based on my legitimate interests in accordance with Art. 6 (1) (f) GDPR, you have the right to object to this processing at any time with future effect for reasons arising from your particular situation.
Once the objection has been made, the processing of the data concerned will be terminated unless I can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
last update: 10.04.2024
The European Union has set up an online platform (“Online Dispute Resolution Platform”) for out-of-court settlement of consumer disputes: