Terms and Conditions with Customer Information
- Scope of Application
- Offer and Service Description
- Order Process and Conclusion of Contract
- Prices and Shipping Fees
- Delivery and Product Availability
- Payment Methods
- Revocation Policy
- Retention of Title
- Retention of Wording of Contract
- Data Protection
- Jurisdiction, Applicable Law, Contract Language
1. Scope of Application
1.1. For the business relationship between Canan Yanik & Cinthya Traverso de Wetzel GbR, Königinstrasse 99, 80802 München, owners Canan Yanik und Cinthya Traverso de Wetzel, Telephone +49 89 20092448, email@example.com (hereinafter “seller”) and the customer (hereinafter “customer”) only the following terms and conditions apply, in the version valid at the time of the order (the conclusion of the contract).
1.2. You can contact our customer service for questions, customer complaints or other claims on weekdays from 9 am to 6 pm by phone at +49 89 20092448 or by email at firstname.lastname@example.org.
1.3. Within these Terms and Conditions the customer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his commercial or independent professional activities (§ 13 BGB/German Civil Code).
1.4. Deviating terms concerning the customer are not acknowledged, unless the seller agrees to their importance in writing.
2. Offer and Service Description
2.1. The presentation of goods in the online shop do not comprise a legally binding offer, but an invitation to place an order. Service description in catalogs and on the websites of the seller do not constitute a representation or warranty.
2.2. All offers are valid “while stocks last”, if not stated otherwise on the product page. In addition, errors expected.
3. Order Process and Conclusion of Contract
3.1. The customer can choose products from the seller’s product range without obligation and collect them with the button “add-to-cart” in the so-called shopping cart. Afterwards the customer can complete the ordering process by clicking the button “Checkout” within the shopping cart.
3.2. By clicking the “Place Order” button the customer makes a binding offer to purchase the goods in his/her cart. Before submitting the order, the customer can change and revise the data at any time. Required fields is marked with an asterisk(*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print using the “print” function (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute the acceptance of the request. The sales contract is first concluded when the seller ships or hands over the ordered product to the customer within two days or confirmed the shipment to the customer with a second email, an explicit order confirmation or sending of an invoice.
4. Prices and Shipping Fees
4.1. All prices that are stated on the website of the seller are in Euro and are final, meaning they include all price components and include the effective legal sales tax respectively.
4.2. In addition to the stated prices the seller charges shipping fees for delivery. Shipping fees will be communicated clearly on a separate information page and the ordering process to the customer.
5. Delivery and Product Availability
5.1. Your order is delivered only in the dispatch route and unless otherwise agreed, to the delivery address specified by you. A pickup of the goods is not possible.
5.2. Delivery will normally be made with DHL. The LATKINI online store strives to process the shipping as quick as possible. For orders from Germany the goods are usually delivered within two to three working days from order. The delivery time to other countries may take, depending on destination, more time.
5.3. If the ordered goods are not available because the seller is not provided with the goods by his seller through no fault of his/her own, the seller can withdraw from the contract. In that case, the seller will inform the customer immediately and if possible suggest the delivery of a similar product. If no similar product is available or the customer does not wish the delivery of a similar product, the seller will refund already submitted considerations to the customer immediately.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions of delivery to certain countries) on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose the available payment method during and before the conclusion of the ordering process. Customers are informed about available payment methods on a separate information page.
6.2. If third party providers are assigned, e.g. Paypal, their terms and conditions apply.
6.3. The customer’s obligation to pay interest does not exclude further assertion of other damages caused by delay by the seller.
6.4. A right to offset is only entitled to the customer if his counterclaims are legally determined or accepted by the seller. The customer may only exercise a right of retention if the the claims result from the same contractual relationship.
7. Revocation Policy
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his commercial or independent professional activities.
7.1. Right of Revocation
You have the right to revoke this contract within fourteen days without specifying any reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise your right of revocation, you need to notify us (email@example.com) about your decision to revoke this contract by means of a clear declaration.
You can use the enclosed sample revocation form, however, it is not obligatory.
Dispatching the notification about the exercise of the revocation right before the expiry of the revocation period suffices to comply with the revocation period.
7.2. Consequences of Revocation
If you revoke this contract, we will refund all payments that we received from you, including delivery costs (with the exception of additional costs, that result from your choice of delivery other than the cheapest standard delivery option we offer) immediately and at the latest fourteen days from the day we received your notification of your revocation of this contract. For the refund we will use the same payment method which you originally used for this transaction unless we expressly agreed otherwise with you. You will not be charged any fees for this refund in any case.
We can refuse the refund until the goods are returned to us or until you have provided evidence, that you have returned the goods to us, depending on whichever is earlier. You have to return or transfer the goods instantly and, in any case at the latest within 14 days with effect from the day, on which you inform us of the revocation of this contract. The revocation deadline is maintained if you return the goods before the expiry of the 14-days deadline.
You bear all immediate costs for returning the goods. You must pay for any depreciation of the products only if this depreciation can be attributed to any handling of you that was not necessary for checking the condition, features and functionality of the products.
7.3. Exception or Expiry of the Revocation Right
The revocation right is not available for contracts for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or assignment by the consumer is necessary or which are clearly produced according to personal requirements of the consumer;
The revocation right expires prematurely in case of contracts for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
The revocation right also expires prematurely for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
7.4. Sample Revocation Form
(If you want to revoke this contract please fill in this form and send it back to us)
8. Retention of Title
Until full payment the delivered goods remain in the property of the seller.
9.1. Warranty is determined by legal requirements.
9.2. A guarantee for goods delivered by the seller only exist if it is explicitly stated. Customers are informed about warranty conditions before the initiation of the ordering process.
10.1. For a liability of the seller regarding compensation of damages, without prejudice to other statutory eligibility requirements, the following liability exclusions and limitations apply.
10.2. The seller is fully liable, if the damage is caused by intent or gross negligence.
10.3. Furthermore the seller is liable for negligent breach of substantial obligations, whose breach endanger the fulfillment of the purpose of the contract, or for the violation of duties, the fulfillment of which makes the proper execution of the contract feasible in the first place and on which the customers regularly trusts. In this case, however, the seller is liable only for foreseeable damage typical for the contract. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above-mentioned liability limitations of liability shall not apply to injury of life, body or health, for a defect after furnishing a guarantee for the quality of the goods and for fraudulently concealed defects. Liability under the product liability law remain unaffected.
10.5. As far as the seller’s liability is excluded or limited, the same applies to the personal liability of employees, representatives and assistants.
11. Retention of Wording of Contract
11.1. The customer can print the agreement text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. In addition, the seller sends an order confirmation with all order data to the e-mail address provided to him by the customer. Furthermore, the customer receives a copy of the Terms and Conditions, next to the Cancellation Policy and information about shipping fees, as well as shipping conditions and payment conditions. If you are registered in our shop, you can see your submitted orders in your account. In addition we store the text of the contract but do not put it online.
12. Data Security
12.1. The seller is processing personal data of the customer appropriately and in accordance of statutory provisions.
12.2. Personal information required for the purpose of the order (such as name, e-mail address, mailing address and bank data) are used by the seller for fulfillment and processing of the contract. This information will be kept confidential and not be disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
12.3. On request the customer has the right to obtain information free of charge about the personal data stored about him by the seller. In addition he/she has the right to correct inaccurate data, to block and delete his/her personal data, as long as there is no legal obligation to retain.
13. Jurisdiction, Applicable Law, Contract Language
13.1. Jurisdiction and place of performance is the place of business of the seller, if the customer is a merchant, a legal entity under public law or public special fund.
13.2. Contract Language is German.
13.3. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/.