General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Exemption in case of violation of third-party rights
- Applicable Law
- Alternative dispute resolution
The following terms and conditions are applicable to all orders which the customer (hereinafter called “you”) places with dean & eric, Freiherr-von-Twickel-Straße 11, 48329 Havixbeck, hereinafter called “dean & eric“, “us“ or “we“ in the online shop on the website www.deananderic.com . According to these GTC, customers are only natural persons who conclude a purchase contract with us for purposes which mainly can neither be ascribed to their industrial nor their independent professional activities (consumers).
The webshop www.deananderic.com is operated by:
Phone: +49 2507-9887260
VAT ID: DE 266063919,
3) Scope of Application
3.1 These General Terms and Conditions of the company Jennifer Gottschling (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
3.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
3.3 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
4) Conclusion of the Contract
4.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
4.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
4.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
– by requesting the Client to pay after he placed his order.
The Seller confirms the receipt of order immediately, at the latest within 10 working days after receipt of order. An order confirmed and received via telephone shall not constitute an legal agreement. The order is accepted by the Seller when the dispatch of the goods is been carried out. The Client will receive a written confirmation of dispatch via e-mail within 10 working days. The Client is bound to his offer for a maximum of 14 days, unless the goods are already personalized, then the right to cancel the purchase is expired.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
4.4 In case of an order via the Seller’s online order form, the text of the contract is stored and sent to the Client in text form (e.g. e-mail, fax or letter) after the posting of his order in addition to the available General Terms and Conditions. However, the text of the contract can no longer be retrieved via the Seller’s website, after the Client has submitted his order.
4.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
4.6 The German and the English language are exclusively available for the conclusion of the contract.
4.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
5) Right to Cancel
The Client has the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day (1) on which the Client acquires physical possession of the goods. To exercise the right of cancellation, the Client must inform us (2)
dean & eric
of his decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for the Client to send his communication concerning his exercise of the right of cancellation before the cancellation period has expired.
5.1 Excluded are goods that are not pre-assembled and require an individual selection or determination through the Client for manufacturing or goods that are unequivocally tailored to the personal needs of the Client. Therefore all personalized products from the Seller’s online shop are excluded from the common cancellation period according to § 3 Abs. 2 Nr. 1 FernAbsG, now § 312 d Abs. 4 Nr. 1 BGB.
Effects of cancellation
If the Client cancels this contract, the Seller shall reimburse to him all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from his choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the decision of the Client to cancel this contract. The Seller will carry out such reimbursement using the same means of payment as the Client used for the initial transaction, unless he has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement. The Client bears the direct costs of returning the goods not the Seller.
6) Prices and Payment Conditions
6.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
6.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
6.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
7) Shipment and Delivery Conditions
7.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
7.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
7.3 Personal collection is not possible for logistical reasons.
7.4 All items will be shipped immediately, if available from stock.
The delivery takes place within Germany as well as in the EU.
7.5 The delivery period within Germany is maximum 10 working days, unless otherwise stated in the offer. This entails that the delivery takes place at the latest within 10 working days (Monday to Friday, public holidays excluded) after the payment order is given to the remitting credit institute in the case of payment in advance, respectively after conclusion of the contract in the case of cash on delivery or purchase on account.
In case of deliveries abroad, the delivery period is maximum 14 working days, unless otherwise stated in the offer. This entails that the delivery takes place at the latest within 14 working days (Monday to Friday, public holiday excluded) after the payment order is given to the remitting credit institute (by payment in advance).
7.6 If an item is not available at short notice, the Seller will inform the Client by e-mail about the expected delivery time if he provided an e-mail address.
The legal claims of the Client shall remain unaffected.
8) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
9.1 Should the object of purchase be deficient, statutory provisions shall apply.
9.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
10) Exemption in case of violation of third-party rights
If ,apart from delivering the goods, the contract obliges the Seller to process those goods according to specifications defined by the Client, the Client has to ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights. The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller’s contractual use of the Client’s contents. The Client will meet any reasonable costs of necessary legal defense including all court and lawyer’s fees according to the statutory rate. This shall not apply, if the Client is not responsible for the violation of rights. In case claims are asserted against the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defense.
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in priniciple ready for this.