General Terms and Conditions: Our regulations for your purchase from us
Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
Table
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of Delivery and Shipping
6. Retention of title
7. Liability for defects (guarantee)
8. Special conditions for repair services
9. Applicable law
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the Terms and Conditions) of Arne Forjahn, acting under "Saintbaby" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer's own terms and conditions to be included, unless otherwise agreed.
1.2 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, in the case of conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the button that concludes the ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart. In addition, the customer can also submit the offer to the seller by telephone, fax, e-mail, postal or online contact form.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Service, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the application of the Amazon Payments Europe User Agreement, available under https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the seller already declares the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Prior to the binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which the Seller is not responsible for and which are are wearing. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/s will be communicated to the customer in the seller's online shop.
4.4 If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Use, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "PayPal Credit" is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's Assignment Declaration, PayPal performs a credit check using the customer data provided. The Seller reserves the right to refuse the customer the payment method "PayPal Credit" in the event of a negative audit result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal on the terms and conditions set by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay PayPal with debt-relieving effect. However, the Seller shall also remain responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit memos, in the event of the assignment of claims.
4.7 If the payment method "SOFORT" is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure, which is activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and debited the customer's bank account. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4.8 If you select a RatePAY payment method offered by the seller (e.g. RatePAY invoice, RatePAY prepayment, RatePAY direct debit, RatePAY instalment payment), payment is processed via the service provider RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePAY"). The seller's individual RatePAY payment methods will be communicated to the customer on the seller's website. The claim arising from the customer when using a RatePAY payment method shall be made by the Seller to RatePAY, if the payment method is used in installments (if offered), to the Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. Payments can only be made to RatePAY with debt-relieving effect, to Wirecard Bank AG when using the payment method instalmentpayment (if offered). However, the seller remains responsible for general customer enquiries (e.g. for goods, delivery time, shipments, returns, complaints, cancellation declarations and shipments or credit memos). The use of a RatePAY payment method offered by the seller requires a successful credit check by RatePAY. The Seller reserves the right to deny the customer the chosen payment method in the event of a negative credit check and to offer him an alternative payment method. In this respect, the General Terms and Conditions of RatePAY apply, which can be viewed under https://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis, which the customer can retrieve during the ordering process.
4.9 If the payment method "PayPal Invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's Assignment Declaration, PayPal performs a credit check using the customer data provided. The Seller reserves the right to refuse the customer the payment method "PayPal Invoice" in case of a negative audit result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days from receipt of the goods, provided that PayPal does not specify any other payment term. In this case, he can only pay PayPal with debt-relieving effect. However, the Seller shall also remain responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit memos, in the event of the assignment of claims. In addition, the General Terms and Conditions of Use for the use of the purchase of PayPal's invoice apply, available under https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.10 If you select the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment method of credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG withdraws the invoice amount from the customer's specified credit card account. In the event of assignment, only secupay AG can be paid with debt-relieving effect. The credit card will be debited immediately after sending the customer order to the online shop. The provider remains responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit memos, even if the payment method is made via secupay AG.
If the payment method "Instalment purchase by easyCredit" is selected, the payment is processed via TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), to which the seller assigns his payment claim. Prior to acceptance of the seller's declaration of assignment, TeamBank AG carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the customer the payment method "Instalment purchase by easyCredit" in the event of a negative audit result. If the payment method "Instalment purchase by easyCredit" is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG on the terms and conditions stipulated by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to TeamBank AG with debt-relieving effect. However, the Seller remains responsible for general customer enquiries, e.g. for goods, delivery time, shipments, returns, complaints, revocation declarations and shipments, or Credits. In addition, the General Terms and Conditions for the purchase of installments by easyCredit apply, which can be accessed on the Internet at https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf.
5) Terms of Delivery and Shipping
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail.
5.2 If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller's revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for repair services
If, in accordance with the content of the contract, the Seller owes the repair of a customer's item, the following shall apply:
8.1 Repair services are provided at the Seller's registered office.
8.2 The Seller shall perform his services at his discretion in his own person or by qualified personnel selected by him. In doing so, the seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the customer is not entitled to select a specific person to perform the desired service. 8.3 The customer must provide the seller with all the information necessary for the repair of the item, provided that the procurement of the item does not fall within the seller's scope of obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that may be the cause of the error found.
8.4 Unless otherwise agreed, the customer must ship the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. In addition, the seller recommends that the customer ship the item in an appropriate transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The Seller will inform the Customer immediately of obvious transport damage so that the customer can assert his rights, if any, against the carrier.
8.5 The return of the item is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handing over the item to a suitable transport person at the Seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
8.6 The aforementioned regulations do not limit the statutory rights of defects of the customer in the case of the purchase of a goods from the seller.
8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
10) Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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