Tjalda, owner Simone Nickel, Braamkamp 15, 22297 Hamburg
§ 1 General, scope of application
(1) The following General Terms and Conditions govern the contractual relationship between the company Tjalda, owner Simone Nickel, Braamkamp 15, 22297 Hamburg, Germany, hereinafter referred to as “Seller” and consumers and entrepreneurs, hereinafter referred to as “Buyer”, who purchase goods via the Seller’s online store.
(2) The Seller shall not recognize any general terms and conditions of the Buyer that conflict with or deviate from these General Terms and Conditions, unless their validity is expressly agreed to in writing. These General Terms and Conditions shall also apply if the Seller carries out the delivery to the Buyer without reservation in the knowledge that the Buyer’s General Terms and Conditions conflict with or deviate from these General Terms and Conditions.
(3) Consumers within the meaning of these Terms and Conditions are natural persons who enter into a business relationship with the Seller without this being attributable to their commercial or independent professional activity (§ 13 BGB). Entrepreneurs in the sense of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with the seller in the exercise of their commercial or independent professional activity (§ 14 BGB).
(4) Individual agreements of the Seller with the Buyer shall take precedence over these General Terms and Conditions.
§ 2 Conclusion of contract
(1) The presentation of the goods in the online store does not constitute a binding offer to purchase the goods. A purchase contract is only concluded by the customer’s order (offer) and its acceptance by the seller.
(2) The Buyer makes a binding offer to the Seller when he has successfully completed the ordering process in the online store by entering the information requested there and clicks the “Buy Now” button to complete the order.
(3) Upon receipt of the order, the Seller shall send the Buyer an automatically generated e-mail as a confirmation of receipt, which does not yet constitute an acceptance of the offer, but merely serves to inform the Buyer about the order process and the content of the order. With this first e-mail, the Buyer will also receive these General Terms and Conditions in text form.
(4) A purchase contract between the Buyer and the Seller is concluded when the Buyer has received another e-mail from the Seller confirming the acceptance of his offer. The Buyer shall be bound by its binding offer for two days, during which the Seller may accept the Buyer’s offer.
(5) Before placing his order, the Buyer will be shown a summary of the content of his order in the online store, where the Buyer can correct his entries in the input fields by using the keyboard, mouse or other usual functions of the hardware used by the Buyer. The buyer can also click on the “Forward” and “Back” buttons. The user can switch back and forth between the fields of his Internet browser within the individual order steps and thus check and correct his entries. Before submitting a binding offer, the buyer can cancel the ordering process at any time by closing his Internet browser.
§ 3 Payment, due date, prices
(1) The Seller shall inform the Buyer in the online store in each case which payment options are specifically available.
(2) If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.
(3) The prices stated as purchase prices are final prices excluding delivery/shipping costs and including the applicable sales tax.
(4) The prices do not include the delivery and shipping costs, which are shown separately, if they are incurred. Additional costs may be incurred for cross-border deliveries, e.g. taxes and/or duties, for example in the form of customs duties
§ 4 Delivery, Transfer of Risk
(1) Delivery shall be made by sending the object of purchase to the address provided by the Buyer.
(2) The seller informs the buyer about the delivery times in the online store. The time limit for delivery begins to run in the case of payment in advance on the day after issuing the payment order to the remitting bank or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry of the last day of the time limit. If the last day of the term falls on a Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take the place of such day
(3) Transfer of risk if the Buyer is a consumer (for definition see above under § 1 para. 3):
The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the Buyer upon handover of the object of purchase to the Buyer. If the handover is delayed for reasons for which the purchaser is responsible, the risk shall pass to the purchaser if he is in default of acceptance.
(4) Transfer of risk if the Buyer is an entrepreneur (for definition see above under § 1 para. 3):
The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the Buyer as soon as the Seller has delivered the object of purchase to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 Retention of title
The object of purchase remains the property of the seller until full payment.
§ 6 Right of revocation / revocation instruction / revocation form
Right of withdrawal
You have the right to cancel 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, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (company Tjalda, owner Simone Nickel, Braamkamp 15, 22297 Hamburg, e-mail: mail@tjalda.com, Tel.: 49 (0)173 2411779) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this 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; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to … us without delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
§ 7 Warranty
(1) Statutory warranty rights exist for all goods of the Seller.
(2) If the Buyer is a consumer (for definition see above under § 1 para. 3) the statutory provisions shall apply to claims of the Buyer due to defects of the object of purchase.
(3) If the Buyer is an entrepreneur (for definition see above under § 1 para. 3), the following shall apply in addition to the statutory warranty claims: The warranty period shall be one year. The warranty claims of the buyer require that the buyer inspects the goods immediately after handover and notifies the seller of defects in writing immediately after handover. Hidden defects must be reported by the buyer in writing immediately after their discovery. The aforementioned reductions in the statute of limitations shall not apply if a defect was fraudulently concealed and/or if the Seller has assumed a guarantee for the quality of the purchased item. The reductions in the statute of limitations shall also not apply to claims for damages for which the Seller is liable in accordance with the provisions of § 8 below.
§ 8 Liability
(1) The Seller shall be liable without limitation in the event of intent or gross negligence.
(2) The Seller shall only be liable for damage caused by simple negligence on the part of the Seller or any vicarious agents if an essential contractual obligation has been breached, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract or the compliance with which the Buyer regularly relies on (cardinal obligations). Liability shall then be limited to the foreseeable damage typical for the contract.
(3) The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
§ 9 Data Protection
The privacy policy can be accessed at the bottom of the respective page of the online store under “Security & Privacy”.
§ 10 Choice of Law, Place of Jurisdiction
(1) All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany. In the case of consumers (for definition see above under § 1 para. 3), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. The same shall apply if the Buyer does not have a general place of jurisdiction in Germany or if the Buyer’s place of residence or habitual abode is unknown at the time the action is brought.
§ 11 Miscellaneous
(1) In the context of the conclusion of the contract, no automatic storage of the contract text by the seller. However, during the ordering process, the buyer has the possibility to call up, save or print these General Terms and Conditions. These General Terms and Conditions can also be accessed at any time on the entrance page of the online store at the bottom of the page there under “AGB”.
(2) Should any provision of the contract or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(3) The contractual language is German.
End of the General Terms and Conditions
