TERMS OF SERVICE

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German version is authoritative!

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§ 1 Scope and Provider

 

(1) These general terms and conditions apply to all orders that you place in the online shop of

HolyFrames.de

Steffen Gärlich

Bänschstrasse 66, D - 10247 Berlin

 

Email: office@holyframes.de

Phone +49 30 301 36 37 0

 

make.

 

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

(4) The contract language is exclusively German.

(5) You can read the currently valid general terms and conditions at www.holyframes.de/en/gtc

retrieve and print out.

 

 

§ 2 conclusion of contract

 

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the button [“Order now with obligation to pay” / “Buy”] you are submitting a binding purchase offer (Section 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately with your order.

 

 

§ 3 prices

 

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping information" / "Delivery conditions"].

 

 

§ 4 terms of payment; Default

 

Payment can be made either by:

 

Credit card, Paypal, ApplePay, Klarna or Direct debit.

 

(2) We are responsible for selecting the respective available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.

(3) If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.

(4) When paying by cash on delivery, an additional fee of EUR [X] is due, which the deliverer charges on site. There are no other costs or taxes.

(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.

(6) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(7) When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.

(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.

 

 

§ 5 Offsetting / Right of Retention

 

(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

 

§ 6 delivery; Retention of title

 

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.

(2) The goods remain our property until the purchase price has been paid in full.

(3) As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have immediately informed you of this fact. In addition, we must not have taken the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.

(4) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full.
Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.

- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

 

 

§ 7 cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making a purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

 

HolyFrames.de - Steffen Gärlich

Bänschstrasse 66, 10247 Berlin, Germany

Email office@holyframes.de

Phone +49 30 301 36 37 0

 

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

 

Consequences of the withdrawal

 

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

 

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

 

You must send the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract or to [if applicable. Name and address of a person authorized by you to receive the goods]. The deadline is met if you send the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods.

 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

 

 

 

 

 

Model withdrawal form

 

If you want to withdraw from the contract, please fill out this form and

send it back.

 

 

At

 

HolyFrames.de

 

Steffen Gärlich

 

Bänschstrasse 66, D - 10247 Berlin

 

Email office@holyframes.de

 

 

I / we (*) hereby revoke the contract concluded by me / us (*)

the purchase of the following goods (*):

 

 

 

Ordered on (*) / received on (*)

 

Name of the consumer (s):

 

 

Address of the consumer (s):

 

 

 

 

 

 

Signature of the consumer (s) (only when notified on paper)

 

date

(*) Delete where inapplicable.

 

 

 

End of revocation

 

(1) The right of withdrawal does not apply to the delivery

 

- of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. goods with your photo and / or your name),

- sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

- of goods if they were inseparably mixed with other goods after delivery due to their nature,

- of audio or video recordings or computer software in a sealed package if the seal was removed after delivery,

- from newspapers, magazines or magazines with the exception of subscription contracts.

 

(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.

 

(3) Before returning the goods, please call us on +49 30 301 36 37 0 to announce the return. In this way you enable us to assign the products as quickly as possible.

 

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

 

 

§ 8 transport damage

 

(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.

 

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

 

 

§ 9 Warranty

 

(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims due to damage resulting from injury to life, limb or the health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 (1) No. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

 

- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise, statements and other advertising by the manufacturer.

- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

- In the event of defects, we guarantee, at our option, either repair or replacement (supplementary performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.

- The warranty period is one year from date of delivery.

 

 

§ 10 liability

 

(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.

(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which is typically expected. This limitation of liability also applies in favor of our vicarious agents.

 

 

§ 11 Alternative dispute resolution

 

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.

We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.

 

 

§ 12 final provisions

 

(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

 

Status: March 2022

 

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, contractstexte@haerting.de Chausseestrasse 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

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German version is authoritative!

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