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Conditions of Use

Conditions of use  Version 09/2017


1. Contractor

 
This site for the sale of goods over the Internet is operated by Kassandra Wüste-Over, Hagelkreuzweg 6, 47625 Kevelaer. In the context of purchase contracts, which are closed via the webshop "kwo-trauringe", Mrs. Kassandra Wüste-Over as seller and the customer in the following customer.
 
 

2. Scope of application
 

(1) The General Terms and Conditions apply to all orders via the website www.kwo-trauringe.de (hereinafter the website).

(2) Subject to individual agreements and agreements which take precedence over these General Terms and Conditions, the following general terms and conditions shall apply exclusively to the business relationship between the supplier and the customer in their version valid at the time of the order. Conflicting terms and conditions of business of the customer are not expressly applicable, unless the supplier expressly agrees to their validity in writing.

(3) The customer is a consumer insofar as the purpose of the ordered delivery and services can not be attributed to his commercial or independent professional activity.
 
 

3. Conclusion of contract
 

(1) The orders of the customer on the website are binding offers for the conclusion of the corresponding purchase contracts with the owner of the Onlineshop, Kassandra Wüste-Over. The owner of the online shop is free to either accept such offers within 14 days of entry into the onlineshop or to refuse them by sending a corresponding declaration to the customer. However, the order confirmation sent to the customer by e-mail does not constitute an acceptance of the order. The binding purchase contract for the ordered goods only comes about by accepting the order of the customer within four business days after receipt of the order. The acceptance will be explained at the latest by the dispatch of the goods ordered.

(2) The customer is responsible for ensuring that the data provided by him (delivery address, invoice address, e-mail address) are correct and the corresponding eMails can be received.

(3) Ms Kassandra Wüste-Over reserves the right to reject orders from customers if there is reason to believe that the customer is acting as a general contractor, he is involved in fraudulent or other criminal activities, or any other important reason.
 
 

4. Availability, condition, delivery
 

(1) The products and prices are as indicated on the website; the products are available as long as stocks last. The provider reserves the right to change the products on the website at any time without prior notice.
 
(2) The subject matter of the contract shall be the goods specified in the order by the customer and specified in the order or order confirmations at the final prices stated in the webshop.
Liability for lack of inventory and the non-availability of products is excluded.
 
(3) The quality of the goods ordered is derived from the product descriptions in the onlineshop. The illustrations in the onlineshop reproduce the products concretely; which means that in particular the colors of the respective product can not be presented optimally for technical reasons. The photos of the goods depicted in the onlineshop are only for display purposes and may deviate from the actual product.
 
(4) If, at the time of ordering the customer, no copies of the product selected by him are available, the supplier shall inform the customer of this in the order confirmation. If the product is not permanently available, the vendor will refuse to accept it. In this case, the contract will not be concluded.
 
(5) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall immediately notify the customer in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case the supplier is also entitled to withdraw from the contract, even if the conclusion of the contract has previously been confirmed. In the case of withdrawal, the customer will be informed of non-availability and the counter-performance already provided by him shall be reimbursed without delay.
 
 

5. Property reservation
 

Until the full payment of the purchase price, the delivered goods remain in the property of the offerer.
 
 

6. Shipping & Prices
 

(1) The delivery of the ordered goods is made by the delivery service commissioned by the supplier at the latest within the specified time on the product page or after receipt of payment (for all specified payment works) to the delivery address indicated by the customer. Otherwise, immediately after sending the order confirmation.

(2) All prices, which are stated on the website of the offerer, are inclusive of the respectively valid statutory value-added tax. 

(3) The corresponding shipping costs are indicated to the customer in the order form and must be borne by him.

(4) The goods will be dispatched by post service. If the customer wishes an insured shipment, he has to do so by selecting the appropriate shipping method on his order. The resulting additional costs are stated in the order form and must be borne by the customer. The risk of the deterioration or accidental loss of the goods passes to the customer with delivery to the carrier.

(5) The provider expressly points out that the dispatch to a packing station is carried out as DHL parcels and is not insured (no tracking possible).

(6) All items are carefully checked and packed by the provider. If an item still arrives damaged, please issue a damage confirmation message in the presence of the parcel delivery service or refuse acceptance if necessary.
 

7. Payment terms, set-off and right of retention
 

(1) The customer can make the payment by transfer (prepayment, immediate transfer) or Paypal.

(2) Payment of the purchase price is due within four days after conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by default. In this case, he has paid the Provider interest on arrears in the amount of 5 percentage points above the respective base rate.

(3) The customer's obligation to pay interest on arrears does not exclude the supplier from making further delays.

(4) The customer may only set off such claims as have been ascertained in court, undisputed or recognized in writing by the supplier. The customer can exercise a right of retention only if the underlying claims derive from the same contractual relationship. 

 

8. Warranty for defects, guarantee
 

(1) The supplier is liable for material defects according to the applicable legal regulations; Section 434 ff BGB. The warranty period is two years from receipt of the goods.

(2) A guarantee only exists if the goods delivered by the supplier are expressly stated in the order confirmation of the respective article.
 

9. Liability
 

(1) Claims of the customer for damages are excluded. Exceptions to this are claims for damages for deliberate or grossly negligent damage.

(2) The above limitation of liability shall apply to all claims for damages, irrespective of the legal basis, including unauthorized acts; it is not valid for a possible liability according to the Product Liability Act, because of an assured property or for the injury of body and life.

(3) In the case of infringement of essential contractual obligations within the meaning of para. 1, the offeror is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from a violation of life , body or health.

(4) Significant contractual obligations within the meaning of para. 1 are the liability for the violation of obligations, the fulfillment of which is the proper execution of the contract at first and on whose compliance the customer may regularly rely.

(5) The restrictions of paragraphs (1) and (2) shall also apply in favor of the supplier's legal representatives and vicarious agents, if claims are directly asserted against them.
 

10. Right of revocation
 

As a consumer, the customer has the right to revoke the conclusion of the contract within 14 days without giving reasons. Personalized products are excluded from the right of revocation.
The period of revocation shall be 14 days from the date on which the customer or a third named by him, who is not the carrier, has taken possession of the goods.
 
 
Cancellation:

 

You may revoke your declaration of the contract within 14 days without giving reasons by means of a clear statement. The period begins upon receipt of this instruction on a permanent medium. In order to maintain the revocation period, it is sufficient to send the revocation in a timely manner if the declaration is made on a durable medium (e.g., letter or e-mail). The revocation must be sent to:
 
Kassandra Wüste-Over
Hagelkreuzweg 6
47625 Kevelaer
Germany
Tel. +49 2832 9300347
eMail: shop@kwo-trauringe.de
 
Returns:
 
In the case of an effective revocation, the services received at both ends shall be returned. You are obligated to pay for the service rendered up to the revocation if you have been referred to this legal sequence before submitting your declaration of the contract and have expressly agreed to start the counter-performance before the end of the period of notice , If there is an obligation to pay the value of the goods, this may mean that you must nevertheless comply with the contractual payment obligations for the period up to the revocation. Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation, for us with their receipt.
End of revocation
 

11. Exclusion of the right of revocation
 

Unless otherwise agreed by the parties, the right of revocation shall not apply to contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which is clearly tailored to the personal needs of the consumer , nor to contracts for the supply of sealed goods which, for reasons of hygiene, are not suitable for return if their seal has been removed after delivery.
 
 

12. Notes on data processing
 

(1) Collection and processing when using the contact form
When using the contact form, we collect personal data (individual data on the personal or factual circumstances of a specific or identifiable natural person) only in the extent provided by you. We only use your e-mail address to process your request. Your data will be deleted if you have not agreed to further processing and use.
 
(2) Collection, processing and use of personal data
We collect personal data (individual details about personal or factual circumstances of a particular or identifiable natural person) only in the extent provided by you. Your personal data will be processed and used to fulfill your order and to process your inquiries. After complete processing of the contract, all personal data will be stored for the first time, taking account of tax and commercial storage periods, and then deleted after expiration of the deadline if you have not agreed to further processing and use.
Furthermore, the customer has the option at any time to change and delete the data stored by him on the website of the offerer, provided that a customer account has been opened under the menu item "My data". In this context, reference is made to the data protection declaration, which can be accessed at any time under "Data protection" on the website of the provider.
 
 

13. Severability clause
 

Should one of the provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
 
 

14. Applicable law
 

The contracts concluded under these General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of a possible referral to foreign law. The UN purchase right does not apply. The place of business of the supplier is exclusive jurisdiction for all disputes arising from or in connection with these general terms and conditions.

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