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: Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts 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 differing 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 goods are ordered via the Provider’s online order form. After selecting the desired goods, entering all mandatory information requested and completing all other required steps in the order process, the selected goods can be ordered 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 during the order 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 in the first sentence occurs first.

2.3 Before submitting a binding order via the Provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once 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 After conclusion of the contract, the Provider will store the contract text and 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 Only the German language is available for the conclusion of the contract. The language of the contract is German.

2.6 Insofar as the online shop, product information or these GTC are additionally displayed in other languages (e.g. English, Turkish or Arabic), these translations are for information purposes only. The German version of these GTC alone is authoritative. In the event of deviations or contradictions between the German version and a translation, the German version shall prevail.

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 cancellation policy, which is made available to every consumer at the latest 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 VAT and, where applicable, additional shipping costs as stated. The customer will be informed of the available payment methods in the Provider’s online shop.

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

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

4.4 If “SEPA direct debit” is 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 deadline stated in the pre-notification. If the direct debit fails due to insufficient funds, an incorrect bank account number 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 is agreed, the purchase price is due immediately after conclusion of the contract.

4.6 If payment via “PayPal” is 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) is 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 is 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 they have not been supplied to the Provider through no fault of its own, despite the Provider 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 that are based on an intentional or negligent breach of duty by the Provider or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on 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 provision has been made in this respect;
• on the basis of mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content for the achievement of the contractual purpose, 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 Otherwise, any liability 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 provisions. 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 arbitration

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.