1. scope of application
The General Terms and Conditions apply to all contracts concluded by the customer (consumer or entrepreneur) with Marjana von Berlepsch. The General Terms and Conditions apply in their respective version at the time of the order and are expressly recognised with the order of the customer. Deviating general terms and conditions are only valid if they have been expressly agreed in writing.
2. conclusion of the contract
By placing an order by e-mail, the customer merely submits an offer aimed at concluding a contract. Marjana von Berlepsch is free to accept this offer. The receipt of the order will be confirmed by Marjana von Berlepsch by e-mail. After sending an order confirmation by e-mail, a legally valid contract is concluded between the customer and Marjana von Berlepsch. The general terms and conditions can be found on the homepage http://www.marjanavonberlepsch.com .
3. non-availability of the goods
The conclusion of the contract shall be subject to the reservation that Marjana von Berlepsch itself will be supplied; the reservation shall only apply to the detriment of the customer if Marjana von Berlepsch has not been supplied, not completely supplied or not supplied on time, through no fault of its own, despite an existing hedging transaction with the respective supplier. Marjana von Berlepsch will inform the customer immediately about the non-availability of the goods and will reimburse any payments made by the customer immediately.
The prices stated in the respective article description at the time of the order plus the costs for packaging and shipping apply. All prices quoted are inclusive of the statutory value added tax applicable at the time of performance. In the case of foreign bank transfers, the third-party charges (transfer fees) are to be borne by the customer.
The payment takes place exclusively by Vorkasse by Vorab-Überweisung, by Paypal, by credit card and is due with contract conclusion without deductions. We reserve the right to exclude individual payment methods. If you choose the prepayment method, we will give you the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
6. shipping and shipping costs
The goods are shipped with dhl and information about shipping times and general terms and conditions can be found at http://www.dhl.de. For each order shipping costs will be charged separately from the price of the goods. The shipping costs depend on the nature of the goods, the chosen shipping method and the country of delivery. Customs duties, import tax and other charges are borne by the recipient.
Delivery times are the delivery times stated in the offer, which begin with receipt of payment. In the case of delivery on account or payment by direct debit, the delivery times begin with acceptance of the contract on the part of the company. If the goods are not in stock at the time of order, they will be ordered and/or manufactured immediately. The customer will be informed immediately and a delivery date will be communicated.
The offered products are handmade and may have minor variations. These characteristics are characteristic and do not constitute defects. The products shown are examples only. The warranty obligation, i.e. obligations for the delivery of defective goods, is governed by the general statutory provisions. Warranty claims are excluded for damages caused by natural wear and tear, improper use and inadequate or incorrect care. The warranty also expires if the customer has changed the delivered goods. Obvious defects in the delivered goods including transport damage must be claimed by the customer in writing immediately after receipt of the goods under exact description. Defects reported by the customer within the warranty period will be repaired by Marjana von Berlepsch free of charge at her discretion by repair or replacement. If the defect cannot be remedied, the customer has the choice of rescinding the contract or reducing the purchase price. If there is only an insignificant defect, the customer is only entitled to a reasonable reduction of the purchase price. Marjana von Berlepsch does not assume any guarantee. Any complaints are to be addressed to:
Marjana von Berlepsch
9. retention of title
The delivered goods remain the property of Marjana von Berlepsch until full payment has been made.
10. data protection
All personal data collected from you will be treated strictly confidential. The data necessary for the execution of the contract will only be used for the processing and execution of the contract. A data collection, transmission and/or other processing of customer data for other purposes is not carried out. If your personal data should be deleted, please send a message to firstname.lastname@example.org
11. right of revocation
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of cancellation, you must inform us (Marjana von Berlepsch, Oberstraße 115 in 20149 Hamburg, e-mail: email@example.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
We shall bear the costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Marjana von Berlepsch is liable, with the exception of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), only for damages that are attributable to intentional or grossly negligent conduct. The liability is limited to the damages typically foreseeable at the time of conclusion of the contract, except in case of intentional or grossly negligent conduct or in case of damages resulting from injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), and is otherwise limited to the amount of the contract-typical average damages. The above limitation of liability also applies to the employees and vicarious agents of Marjana von Berlepsch. Claims for liability based on the Product Liability Act remain unaffected.
13. applicable law
The law of the Federal Republic of Germany applies exclusively to all deliveries.
14. place of jurisdiction
The place of jurisdiction shall be Marjana von Berlepsch's registered office, provided that the customer is a merchant, a legal entity under public law or the customer has no general place of jurisdiction in the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
15. final provisions
Should any of the above provisions be invalid or contradict the statutory provisions, this shall not lead to the invalidity of the remaining contractual provisions.