1. Validity of the conditions
1.1 Distance contracts with Born2Style, owner Miriam Seip via the online shop www.born2style.de are based on these General Terms and Conditions in the version valid at the time of the order. Purchasing conditions used by you when ordering are already contradicted, as far as we do not agree otherwise with you.
1.2 Our offer is aimed at adults, ie consumers and entrepreneurs who have reached the age of 18 years.
1.3 Consumers is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs in the sense of the business conditions are natural or legal persons or legal partnerships, with whom we enter into a business relationship and who act in the exercise of a commercial or independent professional activity.
2. Conclusion of contract
2.1 Our offers for distance selling do not constitute a binding offer, but a non-binding invitation to you to order goods from us via online order, telephone or fax. When ordering online via the virtual shopping cart, you can place a binding order on the final order page by clicking on the "Buy" button for the items that you have previously put into the shopping cart in the course of the electronic order process. Upon receipt of your order, it will be immediately confirmed by us by e-mail or fax, listing the order details and including the contract information / terms and conditions (order confirmation). Our order confirmation represents the receipt of your binding order upon receipt (conclusion of contract).
2.2 If we offer "PayPal" as a payment method in the course of the order process and select it, you also issue a payment order to the payment service provider PayPal by clicking on the "Buy" order button. In this case, we already declare acceptance of your offer by triggering the order button by you.
3. Information about the contract
3.1 The contract text is not stored by us and otherwise not made available to you by us after conclusion of the contract. An exception applies if we provide you with a password-protected customer account for our online shop. In this case, the contract text is saved in your customer account. The contract data and the contract text are then accessible to you via customer login via your order history. After your order, however, we will also send you an order confirmation together with these terms and conditions and consumer information by e-mail, fax or letter. Due to the print function of your browser, you also have the option of printing out order data and contract text when ordering.
3.2 You have the option to correct input errors that have crept in during the filling of the order before final submission of your order in a summary by means of appropriate commands via the keyboard or with a mouse click. All entries can be corrected before placing the order via the back button of your browser.
3.3 The contract is concluded in German with company:
Owner Miriam Seip
Am Sande 16
3.4 We have not subjected ourselves to any special code of conduct.
3.5 Since the conclusion of the contract and the further order processing takes place with you by e-mail (eg order confirmation), you are obliged to ensure that the e-mail address specified by you for order processing is activated, so that you also have e-mails sent to you for order processing go. In particular, when using spam filters, you must ensure that the order confirmation, as well as all other emails sent to you by the order processing, can be delivered to you. In the course of order processing, we may forward your e-mail address to the shipping company for the purpose of delivery notification.
4. Right of withdrawal, voluntary right of return
4.1 Consumers basically have a right of withdrawal. Our instruction on the right of withdrawal for consumers can be found on the extra page Widerrufsbelehrung / Widerrufsformular.
4.2 For all articles that you have between 01.12. and the 23.12. If you order one year from us, we will voluntarily grant you a right of return until 10.01. Decisive for the observance of the return period is the dispatch of the goods / n to us. The foregoing voluntary right granted and described by us does not affect your statutory rights, in particular any statutory right of withdrawal which you may have. If you make use of the voluntary return policy as intended, we will refund you the purchase price without the delivery costs of your original purchase. You will bear the return costs and the return transport risk.
5. Prices, shipping costs, default of acceptance
5.1 Our prices are total prices in Euro (EUR) including the applicable German VAT. Discount is not granted. The amount of the costs for packaging and shipping can be found on the website "Delivery, shipping costs, means of payment" or a corresponding information page.
5.2 If delivery to the address you have specified is not possible, e.g. because the address information was incorrect, we can charge you the cost of unsuccessful shipping. This does not apply in cases where you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting it.
5.3 For general payment instructions, please refer to our "Delivery, shipping costs, methods of payment" or a corresponding information page.
5.5 In the case of cross-border deliveries outside the European Community (for example to Switzerland) additional costs may be incurred according to the applicable statutory provisions, such as: further taxes and / or duties, for example in the form of customs duties. These costs are not additional shipping costs, so these are to be borne by you. If necessary, please inform the relevant customs authorities of your country before ordering abroad.
6. Means of payment, due date in advance
The accepted means of payment, please refer to the respective websites of the offer. If we agree with you the payment in advance, the payment is due immediately after the conclusion of the contract.
7. Delivery, Delivery Restrictions, Delivery Times, Transfer of Risk
7.1 We deliver with a transport company of our choice to the countries of delivery indicated by us. We use the delivery address you provided when ordering. We point out delivery conditions, delivery times and delivery restrictions on the website of the offer.
7.2 If you are a consumer, regardless of the shipping method, we always bear the shipping risk. If you are an entrepreneur, all risks and dangers of the shipment pass to you as soon as the goods have been handed over by us to the commissioned transport company.
8. Reservation of self-supply
We reserve the right not to deliver the goods in the case of their unavailability or, if it is reasonable for you with reasonable justification, only partially (reservation of self-delivery). In both cases, we will inform you immediately that the ordered goods are not available, and that any consideration already paid by you will be refunded immediately. However, the reservation of self-supply only applies in the event that we have concluded a concrete cover transaction in good time and are not responsible for the lack of availability or if we ourselves have been let down by our upstream supplier through no fault of our own. Further legal claims on your part remain unaffected.
9. Verification of delivery, complaints, defects
9.1 Prior to delivery of the goods, an outgoing goods inspection is always carried out, but we recommend in your own interest to check the delivered goods upon receipt. If you discover damage or incorrect deliveries, please contact us as soon as possible, so that we can coordinate the further course of action with you.
9.2 Should you notice any damage to packaging and / or transport during the delivery, we ask you to have it confirmed in writing by the transporter and to notify us. We will then vote the next steps with you. We recommend that you keep the damaged packaging as far as possible for evidential purposes.
9.3 If you fail to comply with the provisions in the preceding two paragraphs, this has no effect on your warranty rights.
9.4 If there is a commercial transaction within the meaning of the German Commercial Code (HGB) for the contractual parties in the course of business dealings, the commercial duty to give notice according to Art. Section 377 HGB.
10. Retention of title
Until full payment of the goods by you, the goods remain our property.
11. Liability for defects, liability
11.1 The statutory warranty law and the statutory liability law apply with the following provisions:
11.2 The period of liability for defects in new items is 24 months for consumers and 12 months for contractors. In the case of used items, the term of liability for defects towards consumers is 12 months; liability for defects for used items is excluded towards companies. The statutory limitation periods for the assertion of warranty claims remain unaffected.
11.3 Claims due to defects that we have fraudulently concealed and claims from a guarantee that we have assumed that the item will retain a certain quality for a certain period (durability guarantee) are excluded from the above regulation. Also excluded are claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health. Also excluded are claims due to damage in the event of willful or grossly negligent breach of duty as well as malice and breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which you as a contractual partner can regularly rely (cardinal obligations). Finally, the exclusion does not apply if the Product Liability Act is applicable.
12. Resignation from the contract
12.1 We are also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if you have provided false information about your creditworthiness or if objective reasons have arisen with regard to your ability to pay or the commencement of insolvency proceedings concerning your assets or the rejection of such assets Procedure is known for lack of cost-covering assets. You will be given the opportunity to make an advance payment or to provide suitable security before resigning.
12.2 Without prejudice to any claims for damages, in the case of a partial rescission, partial services already rendered shall be invoiced in accordance with the contract and paid for by you.
13. Severability clause, choice of law, choice of court agreement
13.1 If the aforementioned provisions have not become part of the contract or are invalid in whole or in part, the remainder of the contract remains valid.
13.2 The law of the Federal Republic of Germany applies to the contractual relationship as well as to the respective terms and conditions. The UN Sales Convention is excluded. If you are a consumer, the statutory provisions of the state of your habitual residence in accordance with the mandatory law remain unaffected by this choice of law clause.
13.3. If you are a merchant within the meaning of the HGB, a public corporation or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these GTC is our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if we are not aware of your place of residence or your usual residence at the time the complaint is filed. The right to sue you at another statutory place of jurisdiction remains unaffected.
14. Alternative Dispute Resolution
We are not obliged and generally unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
15. Link to the OS platform
The EU's online dispute resolution platform (OS platform) can be reached at the following link: https://ec.europa.eu/consumers/odr/
© HZ Stand 12.09.2017