General Terms and Conditions of Christine Rozina Onlineshop
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise is Christine Rozina, Wolferskaulwinkel 6, 52078 Aachen, Germany (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the Shop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The Vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, Liechtenstein, Norway and Switzerland as well as the United States and Canada.
(4) Customers shall select the merchandise desired by placing it in their “shopping cart”. The order will be conclusively placed with the Vendor by clicking on the button “Place Order” (“zahlungspflichtig bestellen”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Place Order” (“zahlungspflichtig bestellen”), the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
Section 3 – Prices and payment
(1) Where deliveries are made to Liechtenstein, Norway or Switzerland, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(2) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by bank transfer, against pre-payment using PayPal or against cash payment at pick-up.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) Within two business days after having received payment in full or as written in item description, the Vendor shall submit the merchandise to the shipping company for delivery.
(2) Unless otherwise provided for in the item description, the shipping company shall require around two business days from the merchandise having been submitted to it by the Vendor for deliveries made in Germany and – depending on the distance – up to nine business days for deliveries made in other countries.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
Section 5 – Return of merchandise by consumers
(1) Customers who are making purchases as consumers (Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)) are entitled to a right of revocation in accordance with the statutory pre-requisites (Sections 312d, 355 of the German Civil Code). For further details, please see the Revocation Instructions.
(2) Where the customer is a consumer, the parties to the sale contract agree that in the event the revocation right is exercised, the customer shall bear the regular costs of return shipment where the merchandise delivered corresponds to the order and where the price of the object to be returned is not in excess of 40 Euros, or – where the price of the object is higher – if the counterperformance or a contractually agreed partial payment has not yet been made by the customer at the time of the revocation.
(3) Insofar as the customer is to bear the costs of the return shipment, the amount of money to be reimbursed by the Vendor and the costs of the return shipment to be reimbursed by the customer may be set off from each other.
(4) The Vendor shall grant a 14 day revocation period to consumers having their permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the revocation period for consumers who have their permanent residence in Malta or Slovenia is 15 calendar days.
(5) The Vendor shall allow consumers having their permanent residence outside of Germany to transmit their declaration of revocation also in text form even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form. Should the national laws applicable to the consumer provide for a simpler form than text form (such as a declaration made orally), the declaration of revocation shall also be effective in this simpler form. All consumers may alternatively exercise their revocation right by returning the merchandise in due time.
(7) Paragraphs 1 to 3 hereof and the pre-requisites and legal consequences of the German stipulations as to consumers’ rights of revocation shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of revocation.
Section 7 – Final provisions
(1) The Vendor shall collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. To the extent customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
(2) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.