Conditions
Scope and general information
General terms and conditions and consumer information for purchase agreements concluded via the online shop between Schmückstück - hereinafter referred to as "Provider" - and the customer - hereinafter referred to as "Customer".
§1 Contract Conclusion
(1) All offers in the provider's online shop merely constitute a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider receives the customer's order, the customer will first receive confirmation of receipt of their order from the provider, usually by email (order confirmation). This does not yet constitute acceptance of the order. After receiving the order, the provider will promptly review it and inform the customer within two business days whether they accept the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within two business days. The ordering process in the provider's online shop works as follows:(2) The customer can select products from the supplier's range and collect them in a so-called shopping cart. By clicking the "Check Out" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time.
(3) The provider will then send the customer an order confirmation by email, which lists the customer's order again. This automatic order confirmation merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded upon the provider's declaration of acceptance, which will be sent in a separate email.
§2 Subject matter of the contract, quality, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and listed in the order or order confirmation at the final prices stated in the online shop. Errors and omissions are excepted, in particular with regard to product availability.(2) The characteristics of the ordered goods are as described in the product descriptions in the online shop. Images on the website may not accurately represent the products; in particular, colors may vary considerably due to the properties of the materials used. Images are for illustrative purposes only and may differ from the actual product. Technical data, weight, dimensions, and performance specifications are provided as accurately as possible but may be subject to standard variations. The characteristics described herein do not constitute defects in the products supplied by the provider.
(3) If no copies of the product selected by the customer are available at the time of the order, the supplier will inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier will refrain from issuing an acceptance declaration. In this case, no contract is concluded.
(4) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
§3 Prices, payment methods and terms
(1) You can pay for goods from our online shop via Shopify Payments using your choice of prepayment, Klarna, PayPal, or major credit cards. If you choose prepayment, we will send you an order confirmation with an overview of your ordered items, along with our bank details, and ship the items after receiving payment. For other payment methods, payment is processed immediately after the order is placed. Goods are generally shipped within the delivery time specified for each product (standard 1-3 days).(2) Unless otherwise stated in the seller's offer, the prices quoted are final prices, including statutory VAT (not applicable to the dealer portal). Any additional delivery and shipping costs will be indicated separately during the order process.
(3) For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties).
(4) Goods are regularly delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the execution of the transaction.
(5) If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance.
(6) Self-collection is not possible for logistical reasons.
§4 Retention of Title
The delivered goods remain the property of the supplier until full payment has been received.
§5 Liability for Defects
Our goods are subject to statutory warranty rights.
§6 Limitation of Liability
(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the foreseeable damage typical for this type of contract if this damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(4) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the provider’s legal representatives and agents if claims are brought directly against them.
(5) The provisions of the Product Liability Act remain unaffected.