General terms and conditions of business
GENERAL TERMS AND CONDITIONS
§1 General
§2 Offer
§3 Conclusion
§4 Legal right of withdrawal
§5 Prices of goods, shipping and accepted methods of payment
§6 Due date and order processing
§7 Offsetting and retention
§8 Retention of title
§9 Delivery
§10 Warranty, guarantees and customer service
§11 Copyright and industrial property rights
§12 Liability
§13 Data protection
§14 Final provisions
§1 General
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of
J.Leifert GmbH
Mulackstrasse 22
10119 Berlin
Germany
info@julialeifert.com
+49 30 55 62 95 15
SALES TAX: DE 305 780 752
(hereinafter referred to as "JULIA LEIFERT") shall be deemed to be the contractual partner for all orders placed in the online shop at http://www.julialeifert.com/ (hereinafter referred to as "Online Shop"). The customer has the possibility to view, print and save the GTC in reproducible form during the order process. The current version of the GTC is also available at www.philomenazanetti.com.
(2) All agreements, which are made between JULIA LEIFERT and the customer in connection with an order, are conclusively laid down in the mutually legally effective sales contract, the terms and conditions and the order confirmation of JULIA LEIFERT. By placing an order, the customer agrees to the validity of the terms and conditions valid at the time of the order. Possible own conditions of the customer, which contradict these conditions, do not become part of the contract. The contract will be stored by JULIA LEIFERT, but cannot be viewed by the customer after completion of an order process for security reasons. However, the customer is free to print out the corresponding website during the order process via the print function of his browser. Registered customers can also view, change and save personal information such as contact details and view the status of orders within their user account ("My Account").
§2 Offer
(1) The offer of JULIA LEIFERT at http://www.julialeifert.com/ is exclusively directed at consumers in the sense of the German Civil Code (BGB). Consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for a purpose that can neither be attributed to his commercial nor his independent professional activity. Persons without legal capacity or persons with limited legal capacity are only entitled to make use of the goods offered with the cooperation and consent of their legal representative. We only accept orders placed via the online shop. Orders by fax, e-mail, letter are not accepted by JULIA LEIFERT and will not be processed. Goods are only delivered in small quantities.
(2) The illustrations in the online-shop only serve the purpose of product presentation and do not represent a legally binding offer of JULIA LEIFERT; changes and errors remain reserved in this respect.
§3 Order
(1) The ordering process is initiated by the customer by placing the products of the online shop in the virtual "shopping cart" and then starting the virtual "checkout". By clicking the button "Buy" during the ordering process, the customer submits a legally binding offer to JULIA LEIFERT to conclude a purchase contract for the products in the shopping cart. The customer can change entered data at any time until the completion of the order process by using the control and correction functions integrated in the order process ("Edit" and "Remove" buttons).
(2) The receipt of orders from the customer will be confirmed immediately (hereinafter "order confirmation"). The Order Confirmation does not constitute a legally binding declaration of acceptance by JULIA LEIFERT, but only informs the customer that the order has been duly transmitted to JULIA LEIFERT; an Order Confirmation can nevertheless be combined with an acceptance contract.
(3) The acceptance of an order and thus the conclusion of a contract can only be effected (a) by explicit declaration of acceptance (hereinafter "order confirmation"), (b) by delivery of the goods and notification of dispatch (hereinafter "order confirmation") or (c) in case of a request for payment as PayPal, credit card payment. In the event that several of the aforementioned alternatives (a) to (c) exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. For the acceptance of a contract offer, JULIA LEIFERT has a period of three working days after receipt of an order.
§4 Legal right of withdrawal
(1) This is the legal right of withdrawal, about which JULIA LEIFERT gives instructions in the following according to the legal regulations. A contractual right of concession exceeding the law is not connected with it. In particular, the statutory right of withdrawal does not apply to commercial resellers.
Revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
J.Leifert GmbH
Mulackstrasse 22
10119 Berlin
Germany
shop@julialeifert.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can certainly use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Effects of the revocation
If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier, in which case you will be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over all goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract:
J.Leifert GmbH
Mulackstrasse 22
10119 Berlin
Germany
shop@julialeifert.com
The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay 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 checking the condition, properties and functioning of the goods.
End of the cancellation policy
(2) Reproduction of the legal model withdrawal form
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To:
J.Leifert GmbH
Mulackstrasse 22
10119 Berlin
Germany
shop@julialeifert.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 / consumer(s)
Address of / consumer(s)
Signature / Consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.
(3) During the current withdrawal period, the goods must be handled with care. Damage and contamination of the goods are to be avoided. In case of exercising the right of revocation, the goods are to be returned to JULIA LEIFERT in the original packaging, in order to avoid possible transport damages, with the labels and possible accessories as well as all packaging components. In case of return, the customer is requested to send the goods back to JULIA LEIFERT not carriage forward, but as a prepaid shipment.
§5 Prices of goods, shipping and accepted methods of payment
(1) For the goods ordered via the online shop the prices on the day of the order are valid. The prices are explicitly stated during the order process. The customer will also be informed about the amount of the shipping costs as well as the selected method of payment during the ordering process.
(2) JULIA LEIFERT accepts payment via "PayPal" and credit card in cooperation with PAYMILL GmbH, St.-Cajetan-Straße 43, 81669 Munich ("Payroll"). JULIA LEIFERT reserves the right to exclude individual payment methods.
6 Due date and order processing
(1) Invoices and receivables issued by JULIA LEIFERT to the customer are due and payable without deduction upon conclusion of the contract, as stated in these terms and conditions.
(2) In case of payment via "PayPal" the "Additional Terms of Use" of PayPal (Europe) S.à.rl & Cie SCA, 22-24 Boulevard Royal, L-2449, Luxembourg apply. The current terms of use to which PayPal users must agree in relation to PayPal (Europe) S.à.rl & Cie, S.C.A. can be found at www.paypal.com. The shipment will take place after confirmation of payment by PayPal.
(3) If the customer is in default of payment, JULIA LEIFERT reserves the right to charge reminder fees. In case of default of payment, the customer agrees to reimburse JULIA LEIFERT for all costs incurred by JULIA LEIFERT in the pursuit of its claims. This includes, without prejudice to an obligation to reimburse legal costs, also all extrajudicial costs for the commissioning of a collection agency or lawyer.
7 Offsetting and retention
(1) The customer is only entitled to set-off if the counterclaim with which he wants to set-off relates to counterclaims from the same purchase contract, has been legally established, has been acknowledged by JULIA LEIFERT or is undisputed.
(2) The customer can only assert rights of retention if the counterclaim is based on the same purchase contract.
§8 Retention of title
Ordered goods remain the property of JULIA LEIFERT until full payment has been received.
9 Delivery
(1) Information about delivery times are to be understood as estimated delivery times. If the goods are sent as a parcel, the delivery time is approx. 5 working days after receipt of payment, unless otherwise stated in the online shop. The delivery within Germany is carried out by our logistics service provider, DHL Vertriebs GmbH & Co OHG.
(2) The ordered goods will be delivered either by JULIA LEIFERT or by order of a third party to the delivery address given by the customer.
(3) JULIA LEIFERT will immediately inform the customer by e-mail about out-of-stock goods and resulting delays in delivery. In these cases, JULIA LEIFERT is entitled to make partial deliveries, as far as this is reasonable for the customer. Any resulting additional shipping costs will be borne by JULIA LEIFERT. Legal rights of the customer remain unaffected. No contract is concluded for unavailable goods.
(4) If it turns out during the processing of your order that ordered products are not available, the customer will be informed separately by e-mail. A contract for unavailable goods will not be concluded. If the ordered goods are not available because the pre-supplier has not fulfilled his contractual obligations, or if the ordered goods are not available for a period of at least one month due to force majeure, JULIA LEIFERT can withdraw from the sales contract. JULIA LEIFERT will inform the customer immediately in case of corresponding delivery problems. In case of a withdrawal by JULIA LEIFERT, the payments made will be refunded to the customer immediately. Further legal claims of the customer remain unaffected.
§10 Warranty, guarantees and customer service
(1) The legal warranty regulations apply. If the delivered goods are defective, the customer has the statutory warranty rights, whereby he is initially limited to the right of subsequent performance, in which he can choose between a defect-free rectification of the defect or delivery. The chosen type of supplementary performance can, however, be refused by JULIA LEIFERT if it involves disproportionate costs for him. If the chosen kind of supplementary performance fails or is unreasonable for him, the customer is entitled to reduce the purchase price, in case of a not insignificant defect to withdraw from the contract and / or to claim damages.
(2) Customary or technically unavoidable, significant deviations in the quality, colour, size, cut or design of the goods are insignificant. Warranty rights do not exist for such defects. However, the customer is at liberty to prove that the aforementioned deviations are significant for him. Warranty rights are excluded if you modify the goods and this causes the defect.
(3) If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased the defect or caused further defects, liability for defects is excluded.
(4) Any additional warranties granted by JULIA LEIFERT shall not affect the Customer's statutory warranty claims.
(5) The customer of JULIA LEIFERT can be reached under the following contact details:
J.leifert GmbH
Mulackstrasse 22
10119 Berlin
Germany
info@julialeifert.com
§11 Copyright and industrial property rights
(1) The contents of the website at www.julialeifert.com, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter "contents"), are the (intellectual) property of J.Leifert GmbH, its licensors or content providers, unless third party copyrights exist. The content is subject to German copyright law.
Any use not permitted by German copyright law requires the prior written consent of
consent of J.Leifert GmbH or the respective copyright holder. This applies in particular to the copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or transmission of individual contents or complete pages is not permitted and is punishable by law. Duplications, adaptations, translations and other adaptations of the contents, including the use of the contents, in particular on platforms such as www.ebay.com are not permitted.
(2) The listed trademarks and brand names are the (intellectual) property of their respective owners.
§12 Liability
(1) JULIA LEIFERT is liable according to the legal regulations, as far as the liability is not excluded according to the following regulations.
(2) JULIA LEIFERT excludes liability for negligent breaches of duty, as far as these do not concern damages from injury to life, body or health or guarantees or claims according to the product liability law are affected. This does not affect liability for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
(3) The provisions of this § 13 also apply to breaches of duty by vicarious agents of JULIA LEIFERT.
§13 Data Protection
(1) JULIA LEIFERT will collect, process and store all personal data provided by the customer only within the framework of the provisions of the German data protection law.
(2) JULIA LEIFERT uses the data provided by the customer for the fulfillment and processing of your order. JULIA LEIFERT only passes on the customer data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of the goods. In order to process payments, JULIA LEIFERT may pass on the customer's payment data to the credit institution or the payment service provider of JULIA LEIFERT. With complete execution of the contract and complete payment of the purchase price, the data of the customer will be blocked for further use and will be completely deleted after expiration of the tax and commercial law retention obligations.
(3) JULIA LEIFERT provides additional data protection information on www.julialeifert.com under data protection.
§14 Final Provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer domiciled in the European Union, the law of the country in which the customer is domiciled may also apply under certain circumstances if it is a matter of mandatory consumer protection law.
(2) Should any provision of these Terms and Conditions be or become legally invalid, the validity of the remaining provisions shall remain unaffected.