General terms and conditions with customer information
Table of Contents
- Scope of application
- Conclusion of contract
- Right of revocation
- Prices and terms of payment
- Shipping and Delivery Conditions
- Proprietary reservation
- Liability for Defects (Warranty)
- Payment of promotional vouchers
- Applicable law
- Alternative Dispute Resolution
1) Scope of application
1.1 These terms and conditions of business (hereinafter referred to as “GTC”) of Pamela Gutiérrez GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concerning the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) Of his / her online shop, hereby refusing to accept any customary conditions of the customer, unless otherwise agreed.
1.2 Consumers within the meaning of these General Terms and Conditions shall be any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not constitute a binding offer by the seller, but serve as a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer gives a legally binding contract offer in relation to the shopping cart contained in the shopping cart by clicking the button closing the order process Goods.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
- by requesting the customer to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 In the case of an “Amazon Payments” method of payment, payment processing will be carried out by Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (Amazon), under the Amazon Payments Europe Usage Agreement, /payments.amazon.de/help/201751590 If the customer selects the method of payment as part of the online ordering process “Amazon Payments”, he also issues a payment order to Amazon by clicking the button closing the order process. In this case, the seller already declares acceptance of the offer by the customer at the time when the customer triggers the payment process by clicking the button closing the order process.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account, providing the corresponding login data provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Prior to binding 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 for better recognition of input errors can be the enlargement function of the browser, by means of which the display on the screen is enlarged. The customer can correct his / her entries within the scope of the electronic ordering process by means of the usual keyboard and mouse functions until he / she clicks the button closing the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting are generally carried out via e-mail and automated order processing. The customer has to ensure that the e-mail address specified 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 order processing department can be sent.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller’s revocation instruction.
4) Prices and terms of payment
4.1 Unless stated otherwise in the product description of the Seller, the prices quoted are total prices, which include the statutory value added tax. If applicable additional shipping and shipping costs are indicated separately in the respective product description.
4.2 The possibility of payment will be communicated to the customer in the seller’s online shop.
4.3 If prepayment has been agreed by bank transfer, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 In the case of payment by means of a method of payment offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter ‘PayPal’), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / Useragreement-full or – if the customer does not have a PayPal account – under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- Full
5) Delivery and shipping conditions
5.1 The goods shall be delivered by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, The performance had announced a reasonable time before.
5.3 Self-collection is not possible for logistical reasons.
6) Proprietary reservation
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchase item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.
8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the seller in the context of advertising campaigns with a certain period of validity and which can not be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher transaction, provided that a corresponding restriction results from the content of the promotional voucher.
8.4 Promotion vouchers can only be redeemed before the end of the ordering process. Subsequent allocation is not possible.
8.5 In the case of an order, several promotional vouchers can also be redeemed.
8.6 The value of the goods must be at least equal to the amount of the voucher. Any remaining balance is not reimbursed by the seller.
8.7 If the value of the promotional voucher is insufficient to cover the purchase order, one of the remaining types of payment offered by the seller may be chosen to settle the difference.
8.8 The credit balance of an action voucher shall not be paid in cash or Interest
8.9 The voucher will not be refunded if the customer returns the goods paid in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.10 The promotion voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to examine the material entitlement to the respective voucher holder.
9) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
11) Alternative dispute settlement
11.1 The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer complaint office.