General Terms and Conditions
General Terms and Conditions and consumer information in the context of purchase contracts concluded via the online store between katzenart, Mirko Haban & Kathrin Scheuerlein GbR, An der Industriebahn 12-16 | Gebäude 409a, 13088 Berlin, hereinafter "Seller" - and the customer - hereinafter "Customer".
§ 1 Scope and general notes
(1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) The Customer is a consumer if he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Mirko Haban & Kathrin Scheuerlein GbR
An der Industriebahn 12-16 | Gebäude 409a
(2) The essential characteristics of the goods result from the respective product description posted by the seller.
(3) All offers in the online store of the seller are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. The contract is the execution of your order.
(4) The ordering process in the online store of the seller works as follows:
The Customer can select products from the Seller's assortment and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking on the button with the shopping cart icon, the customer gets an overview of the selected products. By clicking on the button "Order with costs" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and the entered data at any time by using the browser functions "Back" and "Next" shown as arrow keys.
The application can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the button "I have taken note of and agree to the General Terms and Conditionsrevocation data protection
(6) If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
§ 3 Vertragsgegenstand, Beschaffenheit, Lieferung, Warenverfügbarkeit
(1) Vertragsgegenstand sind die im Rahmen der Bestellung vom Kunden spezifizierten und der Bestellung genannten Waren und Dienstleistungen zu den im Onlineshop genannten Endpreisen. Fehler und Irrtümer dort sind vorbehalten, insbesondere was die Warenverfügbarkeit betrifft.
(2) Die Beschaffenheit der bestellten Waren ergibt sich aus den Produktbeschreibungen im Onlineshop. Abbildungen auf der Internetseite geben die Produkte unter Umständen nur ungenau wieder; insbesondere Farben können aus technischen Gründen erheblich abweichen. Bilder dienen lediglich als Anschauungsmaterial und können vom Produkt abweichen. Technische Daten, Gewichts-, Maß und Leistungsbeschreibung sind so präzise wie möglich angegeben, können aber die üblichen Abweichungen aufweisen. Die hier beschriebenen Eigenschaften stellen keine Mängel der vom Verkäufer gelieferten Produkte dar.
§ 4 Prices, terms of payment
(1) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer receives an invoice with VAT.
(2) The amount of the shipping costs incurred in each case result from the item shipping costs on the website.
(3) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(4) The payment options are communicated to the Customer in the Seller's online store.
(5) If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(7) If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online store. To process payments, Shopify may use other payment services, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
§ 5 Delivery, shipping conditions
(1) The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
(2) Delivery shall only be made within Germany, to Austria, Sweden, the Netherlands, Denmark, Finland, Belgium, France, Italy and Switzerland.
(3) The delivery to the shipping company takes place no later than five days after receipt of money. The transport time by the shipping company is up to five days. The Seller shall indicate any deviating delivery times on the respective product page.
(4) If the shipping 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. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the Customer is requested to immediately complain about these defects to the delivery agent and to contact the Seller as soon as possible.
(2) Failure to make a complaint or to contact the Seller has no consequences for the Customer's statutory warranty rights, but helps the Seller to be able to assert its own claims against the carrier or the transport insurance.
§ 7 Warranty for material defects
(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A warranty exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective item.
(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.
§ 8 Retention of title
Until full payment, the delivered goods remain the property of the seller.
§ 9 Liability
The statutory regulations apply.
§ 10 Contract text
The contract text is not stored on the internal systems of the seller. The order data and the GTC will be sent to the customer in text form by e-mail.
§ 11 Final provisions
(1) The contract language is German.
(2) Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.