§ 1 General
The individual enterprise schoengeist5vor12.com, Budapester Str. 25, 20359 Hamburg, Germany, owner Katrin Gerhardy, phone: +49 40 401 348 14, firstname.lastname@example.org (hereinafter called "schoengeist5vor12.com" or "we") runs an online shop under the internet address www.schoengeist5vor12.com (hereinafter called "website"). All orders placed by you via the website and our deliveries and services are exclusively subject to the following general terms and conditions, in the version that is valid at the time of the order. We do not accept conflicting terms and conditions of the customer unless we have agreed to their validity in writing.
§ 2 Return instructions
Right to return
You may return merchandise you have received without indicating any reasons within a period of 14 days. The period commences upon receipt of this notification in writing (i.e. as a letter, fax, e-mail), but not before the customer has received the merchandise (in case of a recurring delivery of merchandise of the same kind not before receipt of the first partial delivery), and equally not before we have fulfilled our obligation to provide information according to Article 246 § 2 in connection with § 1 section 1 and 2 of the Introductory Act of the German Civil Code (EGBGB) as well as our obligations according to §312e section 1 clause 1 German Civil Code (BGB) in connection with Article 246 § 3 EGBGB. To observe the return period limitations a dispatch of the merchandise or the return request within that time frame is sufficient. We won`t bear the costs and the risks in case of a return. The return shipment or the return request must be addressed to schoengeist5vor12.com, Att. Katrin Gerhardy, Budapester Str. 25, 20359 Hamburg, Germany, owner: Katrin Gerhardy, Telephone +49 40 401 348 14, email@example.com.
Consequences of a return
In case of an effective return any payments received or, if applicable, any benefits achieved by use of the goods must be returned by both parties. In the event that the goods have deteriorated or for use (i.e. benefits from use) which cannot be reimbursed fully or partially or only in an impaired condition, you will have to pay an appropriate compensation. You will only have to pay compensation for a deterioration of the goods or for any benefits achieved, if the use or the deterioration is the result of handling the merchandise in a way that exceeds the assessment of its attributes or functionality. “Assessment of attributes or functionality” is defined as testing and trying out the respective merchandise as it is possible and common in a shop. Obligations with regard to the refund of payments must be met within 30 days. For you this period begins with the dispatch of the merchandise or the send date of the return request, for us with the receipt.
If you have any queries considering your return rights, please contact us:
phone: +49 40 401 348 14
fax: +49 40 401 348 12
§ 3 Important Notes
1. The articles offered on schoengeist5vor12.com are presented as digital photographs depicting the existing merchandise. Slight differences between the photographs and reality do not constitute a defect of the ordered merchandise.
2. Please note that the articles presented on schoengeist5vor12.com may no longer be available at the time of the customer’s visit to our site, and the respective prices might have changed.
All prices are listed in Euro incl. VAT and excluding shipping costs.
3. schoengeist5vor12.com is entitled to perform partial deliveries.
§ 4 Conclusion of Contract
1. A contract between you and schoengeist5vor12.com shall come into effect upon shipment of the merchandise that has been ordered by you. By submitting the ordering form provided on our website, you make a binding offer to us to conclude the contract. Your order has been placed once you have entered all the information that is required for the ordering process, and subsequently sent us the ordering form by clicking “submit order”.
2. schoengeist5vor12.com shall be entitled to reject an order placed by you without stating any reasons. This shall apply particularly in those cases, where there are well-founded suspicions that the ordered articles are to be sold to third parties on a commercial basis.
§ 5 Saving of Contract
We save your ordering data. You will receive the order confirmation with all given data by email which can be printed out.
§ 6 Delivery and Shipment
1. Worldwide shipping is exclusively provided via Dachser & UPS. Schoengeist5vor12.com bears the risk of transportation.
2. The merchandise will be ready for shipment 3-4 weeks after your money was transfered at the latest. Upon dispatch, your parcel will arrive in one to five working days, depending on the shipping method and the destination, unless it was agreed otherwise.
3. Shipment to non-EU countries
3 a) Shipment to rest of the world
The delivery period for countries that impose customs duty is two to four working days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown exclusive of VAT and customs duties; this also applies for German VAT. Please note that turnover tax on imports, customs duties as well as handling costs will be invoiced separately by Dachser/UPS for each individual country. For details regarding taxes and duties in your country, please contact our customer care team at firstname.lastname@example.org
Please note that you will have to bear any possible foreign bank charges.
Customs duties, sales tax on imports as well as UPS handling costs will not be refunded in case of a return.
4. Shipping Costs
|Destination||Shipping method||Shipping costs||Delivery times|
|Germany and Austria||UPS Express||19,00 EUR||1-2 working days|
|Germany and Austria||UPS Standard||9,00 EUR||1-3 working days|
|Hamburg||Inline Kurier||15,00 EUR||max. 3 hours|
|Europe, Middle East||UPS Express||34,00 EUR||1-3 working days|
|USA||UPS Express||47,00 EUR||2-3 working days|
|Rest of the World||UPS Express||69,00 EUR||2-5 working days|
§ 7 Payment and Delays in Payment
You may pay for your order at schoengeist5vor12.com by Prepayment and PAYPAL.
Payment by wire transfer
Please be aware that payments in advance can only be made from Germany, Austria, Belgium, UK and Switzerland.
The merchandise will be ready for shipment 2-4 weeks after your money was transfered at the latest!
In commercial business the buyer’s right of retention and the right to refuse performance
shall be excluded with the exception of counterclaims that have been determined without further legal recourse or are undisputed.
§ 8 Retention of Title
schoengeist5vor12.com reserves the right to retain title and ownership of any and all articles supplied until such time as full payment has been received.
§ 9 Customer Queries on Orders and/or Complaints
If you have any queries on orders and/or complaints, please contact our customer care team:
phone.: +49 40 40134814
fax: +49 40 40134812
§ 10 Warranty
The statutory law of warranty shall apply.
§ 11 Privacy
1. We take privacy very seriously. All customer data are saved and processed by schoengeist5vor12.com solely in accordance with the relevant data protection laws. In particular, personal data are being collected, saved, and used exclusively for the purpose of processing the order or with your explicit consent. Furthermore, addresses and ordering data are collected, processed and used for internal marketing purposes. We do not store personal data longer than is absolutely required.
2. In case you would prefer your personal data not to be used, processed, and transmitted for marketing purposes, simply inform us by post, fax or email at email@example.com. Please be aware, however, that this does not apply to the data that are necessary to process your order. Upon receipt of your notice, we will only use, process and transmit your data in order to process the latter. In addition, your information will not be used for advertising actions.
3. We do not forward personal data to third parties except with regard to subcontractors of schoengeist5vor12.com that require the transfer of data to process the order. In these cases, however, the scope of the data transfer is restricted to the required minimum.
§ 12 Choice of Law, Effectiveness
1. German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
2. In case that one or more provisions are invalid, the validity of the remaining provisions shall remain unaffected.