General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Angela Bailey) via the elfen-und-helden.de website. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you will be objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are stored in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar designation) After entering your personal data and the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.

By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.

§ 3 Individually designed goods

(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any of our specifications for file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemne us against all claims of third parties asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and therefore accept no liability for errors.

§ 4 Conclusion of the contract for courses

(1) The subject of the contract is the provision of courses.
By placing the respective course offer on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.

(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are stored in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar) and entering the personal data and the terms of payment, the order data will finally be displayed as an order overview.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.
By submitting the order via the corresponding button you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.

§ 5 Provision of services for courses

(1) The courses are held in the form described in the respective offers on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.

(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the services already provided will be refunded immediately.
In the case of events consisting of several dates, if an event is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the canceled date will be made up on an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the local house rules. You must follow our instructions or the instructions of the course instructor.

§ 6 Substitute participants

You can nominate a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 7 Provision of services for repairs

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the existing defect in the device as comprehensively as possible and make the defective device available.

(3) You shall bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, shall be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).

(5) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of revocation exists, this shall only apply if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 8 Special agreements on payment methods offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

Instant bank transfer (“Pay Now”)

You can find more information about Klarna and the Klarna terms of use for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via “PayPal” / “PayPal Checkout”, payment will 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; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal” may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via “Stripe”
If you select a payment method offered via “Stripe”, payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe” may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about “Stripe” at https://stripe.com/de.

§ 9 Right of retentionRetention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been fully compensated. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you here already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 10 Warranty

(1) The statutory warranty rights exist.

(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects for used goods is one year from delivery of the goods. The above restriction does not apply:

– culpably caused damages attributable to us from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;

– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

– culpably caused damages attributable to us from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of goods which, in accordance with their usual use, have been used for a building and which have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 11 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Angela Bailey
Sylvester-Jordan-Str. 4
35039 Marburg
Germany
Phone: +49 (0)6421/9824444
E-mail: info@elfen-und-helden.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1 The contract language is German .

3.2. The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.B. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

5.3. Costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.4 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.6. Unless otherwise agreed, when booking courses, payment must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participation.

6. Terms of delivery

6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch is at your risk.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

8. termination

8.1. Information on the termination of the contract and the terms of termination can be found in the provisions on “Repair services” in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22.10.2024