General Terms and Conditions (GTC)

 

 § 1

Scope & defense clause

(1) For the business relations between Natalia Petker (further "provider") and the customer (further "Client") are applied the following general terms and conditions of service and are valid on the moment of order.

 (2) Different terms and conditions of the customer will be rejected.

 § 2

 

Formation of Contract 

(1) The presentation of goods on the internet shop is not a binding offer by the supplier to conclude a contract of sale, the customer will only be required to submit an order through an offer. 

(2) By submitting the order in online shop, the customer makes a binding offer aimed at the conclusion of a sale of the goods contained in the shopping cart. By submitting the order, the customer accepts these terms and conditions as the legal relationship with the seller alone prevail. 

(3) The provider confirms receipt of the customer's order by sending a confirmation email. This confirmation is not yet accepting the contract offer by the seller; they serve only to inform the customer that the order is received by the provider. The declaration of acceptance of the offer is made by the delivery of goods or an explicit declaration of acceptance.

  § 3

 

Retention

 The delivered goods remain in the property of the provider until full payment. 

§ 4
Maturity

 Payment of the purchase price is due to a contract.

 § 5

Warranty 

(1) The warranty rights of the customer are governed by the general law, as long as nothing else is determined. Claims for damages by the customer against the supplier is the provision in § 6 of these Terms and Conditions.

(2) The limitation period for warranty claims of customers on consumer products for new items is 2 years, for used goods 1 year. Compared to entrepreneurs, the limitation period for newly manufactured items and used goods is 1 year. The above reduction of the limitation does not apply to claims for damages by the customer due to injury to life, body or health, as well as claims for damages for breach of contract. The adhesive products are considered generally not as allergy free. In case allergies re-occur, contact a physician. Material contractual obligations are those which performance is necessary to achieve the objective of the contract, e.g. the seller is obliged to pass goods to the customer free of defects and legal defects and to pass the ownership. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Compared to entrepreneurs the reduction of the limitation of the right of recourse also is excluded according to § 478 of German Civil Code (BGB).

 (3) A guarantee is not declared by the provider.

  

§ 6

Disclaimer 

(1) The customer's claims for damages are excluded unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer asserts claims against these claims.

(2)  Exempted from the disclaimer given in Clause 1, claims for damages due to injury to life, limb, health, and claims for damages due to the breach of contract. Material contractual obligations are those which performance is necessary to achieve the objective of the contract, e. g.  the seller is obliged to pass goods to the customer free of defects and legal defects and to pass the ownership. From the disclaimer also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.

(3) Provisions of the Product Liability Act (Product Liability Act) remain unaffected.

 

§ 7
Assignment and pledging ban

The assignment or pledge of the customer to the provider claims or rights without the consent of the provider's excluded, unless the customer has a legitimate interest in the assignment or pledge.  

§ 8

Offsetting

A customer's right of setoff exists only if its set-off claim has been established or is undisputed. 

§ 9

Choice of Law & Jurisdiction

(1)  On the contractual relationship between the provider and the customer, the law of the Federal Republic of Germany. Exceptions to this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded

(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the supplier, provided that the Customer is is a registered trader, a legal entity under public law or a public law special fund.

 § 10

Severability 

If any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby.