General Terms and Conditions

for the online shop at www.shop.shapentone.de

operated by

Sobia Akram
Heideweg 10
85748 Garching near Munich
Germany

- hereinafter referred to as the “Provider” -

 

1. Scope

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) in the online shop at the above URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.

2.2 The order of the Goods is placed via the Provider’s online order form. After selecting the desired Goods, entering all mandatory information requested and completing all other mandatory steps in the ordering process, the customer can order the selected Goods by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the Provider delivers the ordered Goods and the Goods are received by the customer, or when the Provider requests payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; the time at which the contract is concluded is determined by whichever of the alternatives mentioned in the first sentence occurs first.

2.3 Before submitting a binding order via the Provider’s online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The Provider will store the contract text after the contract has been concluded and will send it to the customer in text form (e.g. by email). The Provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following language is available for the conclusion of the contract: German

3. Right of withdrawal for consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. Details can be found in the withdrawal policy, which is made available to every consumer no later than immediately before the conclusion of the contract.

4. Payment, default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value added tax and, where applicable, any shipping costs listed. The customer will be informed of the available payment methods in the Provider’s online shop.

4.2 If “advance payment” has been agreed, the purchase price is due immediately after conclusion of the contract.

4.3 If “purchase on account/invoice purchase” has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term is stated in the invoice or in the purchase process.

4.4 If “SEPA direct debit” has been agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer will be informed when the agreed purchase price will be debited (pre-notification). The direct debit will not be made before receipt of this pre-notification and not before the period stated in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of an incorrect bank account, or for other reasons attributable to the customer, the customer shall bear any chargeback fees incurred, provided that they are responsible for the failure of the direct debit.

4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.

4.6 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. 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.

4.7 If “Sofortüberweisung” (instant bank transfer) has been agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.8 If Giropay has been agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via paydirekt GmbH, Stephanstr. 14–16, 60313 Frankfurt am Main.

5. Retention of title

The purchased Goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and reservation of self-supply

6.1 Unless otherwise agreed, delivery will be made within the delivery time stated in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased Goods by the customer is excluded.

6.3 If the Provider is unable to deliver the ordered Goods because, through no fault of its own, it has not been supplied by its own supplier despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be refunded without delay. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee, insofar as no other regulation has been agreed in this respect;
• on the basis of mandatory liability (e.g. under the German Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damage, unless liability is unlimited pursuant to the above paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.

8.3 In all other respects, liability on the part of the Provider and the liability of its vicarious agents and legal representatives is excluded.

9. Data protection

The Provider treats its customers’ personal data confidentially and in accordance with the statutory data protection regulations. For further details, please refer to the Provider’s privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with their habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on online dispute resolution / consumer dispute resolution

The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.