General terms and conditions with customer information & cancellation policy & cancellation form
table of contents
A. General terms and conditions with customer information
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
Applicable law, contract language
Alternative dispute resolution
B. Cancellation Policy
Right of withdrawal
Consequences of the withdrawal
Exclusion or premature expiry of the right of withdrawal
General information
C. Withdrawal Form
A. General terms and conditions with customer information
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Nancy Wagner (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller using means of distance communication (e.g. B. Telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j Paragraph 5 Clause 1 BGB. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The customer can send a non-binding request to submit an offer to the seller by email or post. At the customer's request, the seller sends the customer a binding offer in text form (e.g. by email) to sell the goods selected by the customer from the seller's range of goods.
2.2 The customer can accept this offer by sending a declaration of acceptance to the seller by e-mail or using the "Send message" function on the Facebook page or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer , whereby the day on which the offer is received is not included in the calculation of the period. The day on which the payment is received by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's headquarters, the next working day will take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again. The seller will specifically point this out to the customer in his offer.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the seller's offer.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are communicated to him in the seller's offer.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full .
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 Notwithstanding this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law, contract language
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
8.2 The contract language is German.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
B. Cancellation Policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day of your order.
In order to exercise your right of withdrawal, you must send a clear declaration to us (Nancy Wagner, Merseburger Straße 129, 06112 Halle / Saale, Germany, email: post-fuer-musch-musch@web.de) (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
The right of withdrawal does not apply to contracts for the delivery of goods, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period.
General information
1) Please avoid damaging and contaminating the goods. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
C. Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back.
At
Nancy Wagner
Merseburger Strasse 129
06112 Halle / Saale
Germany
Email: post-fuer-musch-musch@web.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer (s)
________________________________________________________
Address of the consumer (s)
________________________________________________________
Signature of the consumer (s) (only when notified on paper)
_________________________
date
(*) Delete where inapplicable
Information on data protection
1) Information about the collection of personal data and contact details of the person responsible
1.1 In the following we will inform you about the handling of your personal data. Personal data are all data with which you can be personally identified.
Please check carefully which personal data you share with us via Facebook. As long as you are logged into your Facebook account and visit our Facebook profile, Facebook can assign this to your Facebook profile. We expressly point out that Facebook stores the data of its users (e.g. personal information, IP address, etc.) and may also use them for business purposes. You can find more information on data processing by Facebook in Facebook's privacy policy at https://de-de.facebook.com/policy.php .
We have no influence on the data collection and further processing by Facebook. Furthermore, it is not clear to us to what extent, where and for what duration the data is stored, to what extent Facebook complies with existing deletion obligations, which evaluations and links are made to the data and to whom the data is passed on. If you would like to prevent Facebook from processing personal data you have transmitted to us, please contact us in another way. You can find our full contact details in our imprint on Facebook.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Nancy Wagner, Merseburger Straße 129, 06112 Halle / Saale, Germany, email: post-fuer-musch-musch@web.de, insofar as we have received from Process data transmitted to you via Facebook exclusively yourself. Insofar as the data transmitted to us via Facebook is also or exclusively processed by Facebook, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland, is responsible for data processing within the meaning of the General Data Protection Regulation (GDPR).
The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
2) Data protection officer
You can contact Facebook's data protection officer using the online contact form provided by Facebook at https://www.facebook.com/help/contact/540977946302970 to contact.
3) Data processing when contacting us
We collect personal data ourselves when you e.g. B. Contact us via the contact form or messenger. You can see from the relevant contact form which data we collect when you contact us via the contact form. These data are stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit.f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after your request has been processed, provided that there are no statutory retention requirements. We assume final processing if it can be inferred from the circumstances that the matter in question has been finally clarified.
4) Data processing for contract execution
If your contact via Facebook serves as the basis for a contract for the delivery of goods and / or for the provision of services with us, we will also process the data you have transmitted to us in this context in the event that a contract is concluded as follows:
4.1 We pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. The legal basis for forwarding the data is Article 6 (1) (b) GDPR.
4.2 In the case of contracts for the delivery of goods, we pass on the personal data collected by us as part of the contract processing to the transport company commissioned with the delivery, insofar as this is necessary for the delivery of the goods.
5) rights of the data subject
5.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
Right to information in accordance with Art. 15 GDPR;
Right to rectification in accordance with Art. 16 GDPR;
Right to deletion in accordance with Art. 17 GDPR;
Right to restriction of processing in accordance with Art. 18 GDPR;
Right to information in accordance with Art. 19 GDPR;
Right to data portability in accordance with Art. 20 GDPR;
Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR;
Right to complain in accordance with Art. 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR MAINLY LEGITIMATE INTEREST IN THE CONTEXT OF A WEIGHING OF INTERESTS, YOU HAVE THE EVERY TIME TO PROCESS YOUR PERSONAL DATA, FOR REASONS THAT WE GIVE UPON YOUR SPECIFIC SITUATION.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED. FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPULSORY REASONS FOR THE PROCESSING, THAT OUTSIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS OR IF THE PROCESSING OR EXPRESSION OF THE EXPRESSION APPLIES.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY OBJECTIVE AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
6) Duration of storage of personal data
The duration of the storage of personal data is based on the respective statutory retention period (e.g. commercial and tax retention periods). After the period has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation and / or we have no legitimate interest in further storage.