General Terms and Conditions
General Terms and Conditions with customer information
Table of contents
- scope of application
- conclusion of contract
- right of withdrawal
- prices and terms of payment
- Delivery and shipping conditions
- reservation of title
- liability for defects (warranty)
- special conditions for the processing of goods according to specific customer specifications
- special conditions for repair services
- redemption of promotional vouchers
- redemption of gift vouchers
- Applicable law
- alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Emil Gogu, trading under “Silk Scarves of Munich” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or via the online contact form.
2.3 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.
2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also places a payment order with Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.7 Before binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online store.
4.4 If a payment method offered via the payment service “Shopify Payments” is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to the customer as follows
by download
by e-mail
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, the seller has the choice of the type of subsequent performance; in the case of new goods, the limitation period for defects is one year from delivery of the goods; in the case of used goods, the rights and claims due to defects are excluded; the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 The aforementioned limitations of liability and shortening of the limitation period shall not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their
normal use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products,
in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the Seller is also responsible for processing the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Special conditions for repair services
If the Seller owes the repair of an item of the Customer according to the content of the contract, the following shall apply:
9.1 Repair services shall be provided at the Seller's registered office.
9.2 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. The Seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.
9.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is not the responsibility of the Seller according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.
9.4 Unless otherwise agreed, the Customer shall send the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
9.5 The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable carrier at the seller's place of business. At the Customer's request, the Seller shall take out transport insurance for the goods.
9.6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it from the Seller's place of business if this is stated in the Seller's service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risk for the shipment and return shipment of the item shall apply accordingly.
9.7 The aforementioned provisions do not limit the Customer's statutory rights in the event of defects in the case of the purchase of goods from the Seller.
9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
10) Redemption of promotional vouchers
10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Redemption of gift vouchers
11.1 Gift vouchers that can be purchased via the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Several gift vouchers can be redeemed with one order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
11.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
12) Applicable law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.