General Terms and Conditions for the online store of Dirty Smash by Nele Reinsch and Paul Lüpke GbR
§ 1 Scope of application, contract language
These terms and conditions apply to the contracts concluded between you and us, the company Dirty Smash by Nele Reinsch and Paul Lüpke GbR, Managing Director Paul Lüpke, Rudolf-Breitscheid-Straße 79, 03046 Cottbus (tax number: 056 / 158 / 01099) via this online store
§ 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country that is not a member of the European Union
In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§ 3 Conclusion of contract
(1) The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking on the “Buy now” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select goods for purchase in our online store by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the items in the shopping cart, click on the “Pay with PayPal” button to go to the website of the payment service provider “PayPal”, where you can enter the payment method and delivery address. Then, by clicking on the “Continue” button, a page will open in which the essential item details, including any costs incurred, are summarized again. Up to this point, you can correct your entries or withdraw from the contract. Only when you then click on the “Buy now” button is a binding offer within the meaning of paragraph 2 made.
§ 4 Correction note
As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services completely. If you have stored goods or services there, you can click on “Pay with PayPal” to go to the website of the payment service provider “PayPal”, where you can enter the payment method and delivery address.
Finally, an overview page will open where you can check your details.
To correct your shopping cart, click on the “Edit order” button to return to the editable shopping cart. To change your payment settings or delivery address, click the “Back to PayPal” button. This will take you back to the page of our payment service provider where you can make the desired changes. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the “Buy now” confirmation button, your declaration becomes binding within the meaning of Section 3 (2) of these GTC.
§ 5 Collection, storage and processing of your personal data
(1) You can order goods or services in our online store as a guest or as a registered user. As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account before or during an order with your e-mail address and the password you freely chose when registering.
(2) We require the following data from you in order to carry out and process an order:
– First and last name
– E-mail address
– Postal address
– Phone number
– Date of birth, if applicable
(3) If you wish to create a customer account, we require the data specified in paragraph 2 as well as a password of your choice.
(4) We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the delivery of goods to the address provided by you. In the case of payment by bank transfer, we also use your bank details for payment processing.
(5) The data you provide will remain stored in your customer account until you delete it yourself. In addition, or in the event that you only order or book as a guest without creating a customer account, we will only store your data within the scope of our obligations under tax and commercial law.
(6) If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under “My account”.
§ 6 Terms of payment
The purchase price is due immediately upon ordering. Payment for the goods is made via PayPal.
§ 7 Retention of title
The goods remain our property until full payment has been made.
§ 8 Terms of delivery
We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the shopping cart and will be shown separately on the invoice
§ 9 Right of withdrawal
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
§ 10 Warranty for the purchase of goods
(1) If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become statute-barred within the regular limitation period.
(3) In addition, you are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee with regard to the item sold in the individual case.
§ 11 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system
§ 12 Final provisions
(1) These Terms and Conditions are complete and conclusive. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.
(2) If you had your place of residence or habitual abode in Germany when the contract was concluded and have either moved out of Germany at the time the action is brought by us or your place of residence or habitual abode is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of our company in Cottbus.
(3) We would like to point out that, in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@dirtysmash.de. In accordance with §36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract
Appendix
Consumer information and withdrawal policy
If you order goods when visiting our online store, we would like to draw your attention to the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In the event of contradictions, the German text shall take precedence.
(2) Please refer to the individual product descriptions on our website for the main features of the goods and services we offer and the period of validity of limited offers.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. If this offer is accepted, we will send you an order confirmation by e-mail or dispatch the goods. The purchase contract between you and us is then concluded.
(4) You can recognize any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(5) If the goods ordered by you are not available, we reserve the right not to provide the service, whereby we will inform you of this immediately before concluding the contract.
(6) The prices quoted by us are final prices including taxes. The shipping costs are shown separately in the order overview.
(7) The purchase price is due immediately upon ordering. Payment for the goods shall be made via PayPal.
(8)We would like to point out that, in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@dirtysmash.de. In accordance with § 36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(9) The data required for processing the contract between you and us are stored by us and are accessible to you at all times. In this respect, we refer to the data protection regulations in our General Terms and Conditions.
(10) Please also refer to our General Terms and Conditions.
(11) As a consumer, you have a right of withdrawal in accordance with the following instructions:
REVOCATION POLICY
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In the case of services, the withdrawal period is 14 days from the conclusion of the contract.
To exercise your right of withdrawal, you must contact us. Dirty Smash by Nele Reinsch und Paul Lüpke GbR, Rudolf-Breitscheid-Straße 79, 03046 Cottbus, Tel.: +49 (0)172 3897147 Email: info@dirtysmash.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we shall reimburse to you all payments 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 14 days from the day on which we are informed about your decision to withdraw from this contract.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of your right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
ADDITIONAL NOTES
In the event that you return the goods to us, we ask you to use the original packaging, if still available.