Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Liability for Defects
- Applicable Law, Place of Jurisdiction
1) Scope
1.1 These General Terms and Conditions of Carmen Müller, operating under "Carmen Müller" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of 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 for the submission of 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 entering his personal data, by clicking the button that concludes the ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart.
2.3 The Seller can 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 delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent. However, the contract text can no longer be accessed by the Customer via the Seller's website after the order has been sent.
2.6 Before placing a binding order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact take place via 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 third parties commissioned by him with order processing can be delivered.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 The prices stated by the Seller include the statutory value added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
4.4 If the "PayPal" payment method is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, viewable at https://www.paypal.com
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com
5) Delivery and Shipping Conditions
5.1 The delivery of goods generally takes place by shipping and to the delivery address provided by the Customer. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes with the handover of the goods for shipment or with the handover to the commissioned transport person.
5.4 Self-collection is not possible for logistical reasons.
6) Liability for Defects
The statutory liability for defects applies.
7) Applicable Law, Place of Jurisdiction
7.1 If the Customer acts as a consumer, Swiss law applies to all legal relations between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's place of residence.
7.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of residence or business.