Terms and conditions for my online shop tmom-merch.com
§ 1 Scope of application, contractual language
(1) These terms and conditions (here in the following: "GTC") apply to all contracts concluded between you and me (Ines Bartl, Wichertstr. 49 EG, 10439 Berlin) via my online shop at tmom-merch.com.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In case of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a State which is not a member of the European Union.
(c) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 Conclusion of contract
(1) The presentation of the goods in my online shop is not a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Buy" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after submitting the order you will receive an order confirmation, which does not represent an acceptance of your contractual offer. A contract between you and me is concluded as soon as I accept your order and/or booking by a separate e-mail or as soon as I send the goods for shipment. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select goods for purchase in my online shop by placing them in a shopping cart by clicking the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the further order process. There you will first find your selection of articles, which also includes the essential article details including the costs incurred. Here you can also change quantities or completely delete items from your shopping cart. All other necessary order and address data is entered in the following step when you click on "Checkout". There, another following page will open, on which you can enter your own data (delivery address, desired method of payment, etc.). Up to this point you can correct your entries or refrain from the contract declaration. Only by clicking on the button "Buy" a binding offer in the sense of paragraph 2 will be made by you.
§ 4 Correction note
During the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity at any time or remove selected goods completely. If you have placed goods there, you will find an overview page after clicking on the "Shopping Cart" button, on which you can view and check the goods in your shopping cart, their prices, any shipping costs and tax rates, the tax amounts and a total amount. By clicking on the button "Checkout" you will then be taken to a page where you can enter your personal data and select your preferred method of payment. You can correct your input errors (e.g. regarding the payment method, the data you entered or the desired quantity) by making your desired changes to the respective field, by selecting another option or, for example, by correcting quantities or other information textually or by mouse clicks. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, however, your declaration will only become binding in the sense of § 3 para. 2 of these General Terms and Conditions when you click on the "Buy" button.
§ 5 Storage of the contract text
The contractual provisions with details of the goods ordered, including these General Terms and Conditions, the cancellation policy and my privacy policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof. I will store the contractual provisions in such a way that I will also store the e-mails sent to you myself. However, the text of the contract stored by me is not independently accessible to you.
§ 6 Processing of your personal data
(1) You can order goods in my online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time, but you can simply log in to your customer account with your e-mail address and the password you chose during registration before or during the ordering process.
(2) For the execution and processing of an order I need from you in particular your first and last name, your e-mail address, your postal address.
(3) If your personal details change, you yourself are responsible for updating them. All changes can be made online after registration under "My Account", provided you have registered a customer account.
§ 7 Terms of payment
The purchase price is due immediately with your order and in advance. The payment of the goods can be made by bank transfer in advance ("advance payment") or via Paypal. A choice is made possible for you during the order processing.
§ 8 Retention of title
The goods remain my property until full payment is received. If you are more than 10 days in arrears with payment, I have the right to withdraw from the contract and demand the return of the goods.
§ 9 Terms of delivery
I deliver the goods according to the agreements made with you. The goods will be shipped to you after I have received your payment. Shipping costs are listed in the product description and will be shown separately on the invoice.
§ 10 Right of withdrawal
As a consumer, you have a right of revocation in accordance with the instructions in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
§ 11 Warranty for purchases of goods
(1) As far as the goods purchased and delivered in my online shop are defective, you are entitled within the scope of the legal provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which I have maliciously concealed shall become statute-barred within the regular period of limitation.
(3) In addition, you are also entitled to rights due to defects within the scope of a guarantee of quality and/or durability, provided that I have expressly given such a guarantee with regard to the sold object in the individual case.
§ 12 Limitation of liability
I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, I am only liable for the foreseeable damage typical for the contract. I shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
§ 13 Final provisions
(1) The terms and conditions written here are complete and conclusive. Amendments and supplements to these terms and conditions should be worded in text form in order to avoid ambiguities or disputes between the parties about the respective agreed content of the contract.
(2) Insofar as you had your residence or usual place of abode in Germany at the time of conclusion of the contract and either moved out of Germany at the time of the filing of a suit by me or your residence or usual place of abode is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of my company in Berlin.
(3) I draw your attention to the fact that, in addition to the ordinary course of law, you also have the possibility of an extrajudicial settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No 524/2013 and at the Internet address
https://ec.europa.eu/consumers/odr/
My e-mail address is: ines@tmom-merch.com - Pursuant to § 36 CDBG, I would like to point out that I am not obliged to participate in out-of-court dispute resolution proceedings before a consumer conciliation body.
(4) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.
Annex
Consumer information and cancellation policy
As far as you order goods while visiting my online shop, I would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In case of contradictions the German text has priority.
(2) The essential characteristics of the goods and services offered by me as well as the validity period of limited offers can be found in the individual product descriptions within the framework of my online offer.
(3) The presentation of my goods does not represent a binding offer on my part. Only the order of a product by you is a binding offer according to § 145 BGB. In case of acceptance of this offer I will send you an order confirmation by e-mail or I will ship the goods. With this the contract of sale between you and me is concluded.
(4) You can recognize possible input errors when submitting your order at the final confirmation before checkout and correct them at any time with the help of the delete and change function before sending the order.
(5) If the goods you have ordered are not available, I reserve the right not to provide the service, whereby I will inform you of this immediately before the contract is concluded.
(6) The prices quoted by me are final prices including taxes. The shipping costs are shown separately for the respective products and in the order overview.
(7) The purchase price is due immediately upon ordering. The payment of the goods will be effected at your choice by bank transfer in advance ("advance payment") or by Paypal. My bank details are as follows:
Deutsche Skatbank
Account holder: Ines Bartl
IBAN: DE24 8306 5408 0004 2325 00
BIC: GENODEF1SLR
PayPal: tmom-merch@gmail.com
(8) I would like to draw your attention to the fact that, in addition to the ordinary courts, you have the possibility of an extrajudicial settlement of disputes in accordance with Regulation (EU) No 524/2013. Details can be found in Regulation (EU) No 524/2013 and at the Internet address
https://ec.europa.eu/consumers/odr/
My e-mail address is: ines@tmom-merch.com - Pursuant to § 36 CDBG, I would like to point out that I am not obliged to participate in out-of-court dispute resolution proceedings before a consumer conciliation body.
(9) The contractual provisions with details of the goods ordered including my General Terms and Conditions, the cancellation policy and my data protection declaration will be sent to you by e-mail with the acceptance of a contract offer or with a notification of this. I will store the contractual provisions in such a way that I will also store the messages sent to you myself. However, the text of the contract stored by me is not independently accessible to you.
In the context of the processing of the contract between you and me, data is naturally stored by me. For details, please refer to my separate data protection declaration.
(10) For the rest, I refer to my General Terms and Conditions.
(11) Further data about me:
Ines Bartl
Wichertstr. 49
10439 Berlin
Sales tax ID number: DE 56 902 134 843
(12) As a consumer you have a right of revocation according to the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
REVOCATION INSTRUCTION
RIGHT OF REFUSAL
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (TMom Merchandise - Ines Bartl, Wichertstr. 49, 10439Berlin, phone: + 49 30 99198725, e-mail: ines@tmom-merch.com by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make the refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier You must return or return the goods to us immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this Agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
ADDITIONAL NOTE
In the event that you return the goods to me, I ask you to use the original packaging, if still available.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To:
TMom Merchandise - Ines Bartl
Wichertstr. 49
10439 Berlin
Phone: + 49 30 99198725
e-mail: ines@tmom-merch.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase
of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
__________
(*) Delete as applicable.