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General terms of
business
Our general
terms of business apply exclusively to all orders/deliveries. Other
terms apply only if confirmation in text form is given by us. We
reserve the right to rescind in case of spelling, print or calculation
errors on the website. This English version is a translation. Only the
German original is legally binding.
Conclusion
of a contract
Your order
presents an offer to enter into a contract on the products chosen by
you in the shop. After receipt of your order we will send you an e-mail
confirming it. This confirmation is not an acceptance of your offer; it
is merely an information for you about the content of your offer as we
received it. The contract is concluded when the products are sent by us.
Prices
All prices in
the shop are gross prices in Euro and include German VAT.
Right
of withdrawal
As a purchaser,
if you are a consumer in terms of Sec. 13 of the German Civil Code
(BGB), you can cancel the contract in text form (e.g. mail, fax,
e-mail) or by sending back the product within two weeks of purchase
without any declaration of motivation. The time limit begins at the
earliest with the receipt of this instruction. To meet the time limit,
it is sufficient to mail the cancellation or the products within that
time period. The withdrawal has to be directed to:
Scrapbook Shop
Schillerstr.
39
72250 Freudenstadt
Germany
Please email us before sending any products back
for instructions regarding packaging and shipping!
Withdrawal
Procedure
In case of an
effective withdrawal, services received on both sides are to be
reversed and utilizations drawn to paid back where applicable (e.g.
interest). If you are unable to return received products fully or only
in worsened condition, you are required to compensate for the
deterioration accordingly. This does not apply where the deterioration
of a product can exclusively be ascribed to checking it as would be
possible in a store. Also, you can avoid compensation of loss of
value by not using the product like an owner would and by avoiding
anything that could depreciate the value. The costs of returning
products with a value of up to 40 Euro has to be borne by you,
if the products received are the products ordered. Otherwise the return
is free of cost. We do not accept freight collect deliveries (“unfreie
Sendungen”). If required, shipping costs will be credited to you.
Delivery
Products ordered
are sent to the address supplied by the purchaser within the European
Union. For delivery within Germany, no delivery charge applies for orders over 65 Euros. For orders under
65 Euros a flat-rate delivery charge of 3,90 Euro is applied. For
deliveries to countries of the European Union please refer to the shipping page. We endeavor to
mail products within three working days after receipt of the payment.
Payment
and late payment
The purchaser
can pay the price of the purchase by bank transfer as prepayment, or by credit card via Paypal
(MasterCard or Visa). In case of a late payment, we a entitled to
charge interest on late payments at a rate of 5 percentage points above
the base rate pursuant to Sec. 247 BGB. If we are able to prove a
higher damage caused by late payment, we are entitled to claim it.
Retention
of Title
The goods
delivered remain our property until all our claims, including other
open orders, are fully settled.
Set-off,
Right of Retention
The purchaser is
entitled to a set-off only if his/her counterclaims have become legally
binding or are accepted by us.
Warranty
If a product
sold by us is defective, the purchaser can demand re-fulfillment
(Nacherfüllung – rectification of deficiencies or replacement). If
re-fulfillment fails, and there is a substantial defect, the purchaser
can cancel the purchase, lower the retail price or demand compensation.
Further claims
of the purchaser are excluded irrespective of their basis. We are not
liable for damages that arise other than to the products delivered. We
are not liable for loss of profits or other loss of property to the
purchaser. The exclusion and limitation of liability extends to the
personal liability of employees, proxies and vicarious agents. The
limitation of liability is not applicable if the damage is the result
of intent or gross negligence or a damage to body or health exists. The
limitation of liability further is not applicable if claims are made on
the basis of the product liability law. If we violate a duty integral
to the contract out of negligence, our liability to pay damages is
restricted to the damages typically resulting therefrom.
Privacy
We use the
personal data supplied by you for the purchase only to fulfil the
contract. For credit card payments, data will be transferred to our
payment-partner Paypal. Personal data are not disclosed to other third
parties than the ones mentioned.
Applicable
Law
Contracts
between us and the purchaser are exclusively governed by German law, to
the exclusion of its conflicts of law provisions and the CISG.
Severability
If any of the
provisions of these general terms of business are or become partly or
fully invalid or unimplementable, this shall not affect the validity of
the remaining provisions or parts thereof.
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