AGB

GENERAL BUSINESS CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents
1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Reservation of title
7. Liability for defects
8. Redemption of promotional vouchers
9. Applicable Law
10. Information on online-dressing


1. Scope
1. 1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Mario Kirschnick” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or trader (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the customer’s own terms and conditions is objected to, unless otherwise agreed.
1. 2 A consumer is any natural person who enters into a legal transaction for a purpose which cannot be attributed primarily to his commercial or self-employed professional activity.
1. 3 Entrepreneur is a natural or legal person or a legal partnership which, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional activity.

2. Conclusion of contract
2. 1 The presentation of the goods, especially in the online shop, does not yet constitute a binding offer of the Seller.
2. 2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the order process begins, in which all necessary data for order processing are collected.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming these order and contract data by clicking on the button concluding the order process, the customer makes a binding offer for the purchase of the goods contained in the shopping cart.
2. 3 The Seller accepts the Customer’s offer by means of the following possible alternatives:

- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- request for payment to the customer after placing the order
or
- Delivery of the ordered goods

The date of adoption shall be determined by the first available alternative.

The period for acceptance of the offer begins on the day following the sending of the offer by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2. 4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy as well as the general terms and conditions are sent to the customer by email. After completion of the order, the text of the contract is no longer visible online by the customer.
2. 5 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, buttons for correction are available to the customer, which are labelled accordingly.
2. 6 The contract language is German.
2. 7 It is the Customer’s responsibility to provide a correct e-mail address for contacting and processing the order, as well as to set the filtering functions in such a way that e-mails concerning the order can be delivered.

3. Prices and terms of payment

3. 1 The displayed prices are final prices, unless otherwise agreed.
The seller is a small business owner within the meaning of § 19 para. 1 UStG and therefore does not report VAT.
If additional shipping costs are incurred, this can be found in the product description.
3. 2 The customer can choose the payment methods available in the online shop.

4. Delivery and shipping conditions
4. 1 The delivery of goods by dispatch shall be made to the delivery address specified by the customer.

4. 2 If additional costs are incurred by the Seller as a result of the incorrect delivery address or the incorrect addressee or other circumstances which make delivery impossible, the Customer shall reimburse them unless the Seller is not responsible for the incorrect indication or impossibility. The same shall apply in the event that the Customer was temporarily prevented from accepting the service, unless the Seller has given him adequate prior notice of the service. Excluded from this regulation are the costs of the return shipment if the customer has effectively exercised his right of withdrawal. Here it remains the statutory regulation or the regulation made by the seller.
4. 3 In the event of an agreed self-picking, the Customer is informed by the Seller that the goods ordered by him are available for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office or at an agreed location after consultation with the Seller. In this case no shipping costs will be incurred.
4. 4 Vouchers are provided to the Customer in the following form:
* by E-Mail
* for Download

* by post


5. Right of revocation
5. 1 If the customer is a consumer, he is entitled in principle to a right of withdrawal.

5. 2 The cancellation policy of the seller shall apply to the right of cancellation.

5. 3 Consumers who do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract are not entitled to the right of withdrawal.


6. Reservation of title
If the seller enters into advance payment, the goods remain the property of the seller until full payment of the purchase price.



7. Liability for defects
7. 1 With regard to the warranty, the provisions of statutory liability for defects shall apply, unless otherwise agreed in these General Terms and Conditions.
7. 2 The customer is requested to make a complaint about delivered goods with obvious transport damage to the courier and to inform the seller accordingly. Non-compliance has no effect on the customer’s statutory or contractual claims for defects.


8. Redemption of promotional vouchers

8. 1 Vouchers which the Seller gives away free of charge in the context of (advertising) campaigns with a certain period of validity and which the Customer cannot purchase for sale (“promotional vouchers”) are only redeemable in the Seller’s online shop and only for the period specified by the Seller.
8. 2 Individual products may be excluded from the voucher promotion.
The specific restrictions may be found on the promotion voucher.
8. 3 Promotional vouchers can only be redeemed before completion of the ordering process. There is no subsequent offsetting.
8. 4 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
8. 5 The value of the respective order must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8. 6 If the value of a promotional voucher is insufficient to pay for the respective order, one of the other offered payment methods may be used to pay the difference.
8. 7 The balance of a promotional voucher is neither paid nor interest paid.
8. 8 The promotional voucher is also not refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8. 9 The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.

9. Applicable Law

9. 1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.
9. 2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.



10. Information on online dispute resolution

The online dispute resolution platform of the European Commission is available on the Internet at the following link: https://ec. europa. eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.