General Terms and Conditions of the “Definitely Yours” Shop
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the Shop “Definitely Yours” is RS Vertriebs GmbH, Bauvereinstr. 42, 90489 Nürnberg, phone 0911/ 37435241, e-mail firstname.lastname@example.org (referred to hereinbelow as the “vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the vendor and the respective customer. The vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The vendor is offering the articles presented in the Shop “Definitely Yours” for sale to other users. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by the customer; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The vendor shall deliver the merchandise to destinations in Germany and in the whole world.
(4) The customer shall select the merchandise desired by placing it in his “shopping baket” or by clicking on the button “Proceed to Checkout” (“Zur Kasse gehen”). The order will be conclusively placed with the vendor by clicking on the button “Place Order” (“zahlungspflichtig bestellen”). Until the order is transmitted to the vendor, the customer has the opportunity to review, at any time, the data input when placing the order, to modify them or to completely discontinue the order.
(5) The vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Place Order” (“zahlungspflichtig bestellen”), the customer accepts the sales offer. The vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored in the vendor’s and the customer’s DaWanda user accounts and may be viewed by the customer at any time in the DaWanda portal by clicking on the item “My Purchases” (“Meine Einkäufe”) in the menu.
(7) The vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Prices include turnover tax in the amount of 19%.
(2) The shipping costs are listed in the respective product description under “Payment & Shipping” (Bezahlung & Versand).
(3) The vendor shall deliver the merchandise – at the selection of the customer – against pre-payment against pre-payment by bank transfer, against pre-payment using PayPal, against payment by cash on delivery (only within Germany) or against cash payment at pick-up. Together with the contract confirmation, the customer shall receive an internet link via e-mail connecting them to the “My Purchases” (“Meine Einkäufe”) site of Definitely Yours portal, which provides further information on the implementation of the purchase.
- a) Where the customer has selected “Bank Transfer” (“Banküberweisung”) as the form of payment, the vendor’s bank account details will be provided in the “My Purchases” (“Meine Einkäufe”) site of the Definitely Yours portal. Exclusively transfers denominated in Euros and free of charge for the vendor shall be accepted for bank transfers from abroad.
- b) Where the customer has selected “PayPal” as the form of payment, the button “Click here to pay using PayPal” (“Hier klicken, um mit PayPal zu bezahlen”) will connect to the PayPal online service, from where payment can be made subsequently.
(4) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the vendor receives it within the payment period. The vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) The vendor shall deliver the merchandise within 9-13 business days after payment is made.
(2) For products labeled as “Customisable”, the delivery period shall be extended by one week in the case that the customer has requested the offered customisation.
(3) For deliveries to destinations outside Germany, a period of 2-9 business days, depending on the destination, has to be added to the respective domestic delivery time.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
(6) Where the customer has selected cash payment (Barzahlung), the merchandise will not be shipped. Instead, the customer may pick up the merchandise from the vendor’s business premises following expiry of 9 business days after ordering; for customised products (see paragraph 2) one additional week must taken into account before pick-up.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) In the case the withdrawal right is excercised, the vendor shall bear the cost of returning the merchandise.
(3) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period.
(4) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Data Protection Policy
(1) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(2) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(3) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(4) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(5) If the customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process additionally. In this context, PayPal shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the vendor’s registered seat shall be the place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.