GTC | georghoegel

General Terms

and Conditions

(The following General Terms and Conditions also contain legal information on your rights under the provisions on distance and electronic commerce contracts.)

§ 1 SCOPE AND PROVIDER

These General Terms and Conditions (GTC) apply to all deliveries made by Katharina Högel to consumers following § 13 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB") following § 14 of the Bürgerliches Gesetzbuch (the Civil Code,

"BGB"). The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. Our deliveries, services, and offers are made exclusively based on these General Terms and Conditions. The General Terms

and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our terms and conditions is already being objected to.

§ 2 CONCLUSION OF THE CONTRACT

The presentation of the goods in the online shop does not constitute a legally binding application for the conclusion of a purchase contract, but rather should be a non-binding order invitation. By clicking on the button "Buy now" you submit a binding purchase application following § 145 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB").

Upon receipt of the purchase request, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This acknowledgment of receipt does not constitute acceptance of your purchase request. A contract is not yet concluded by the confirmation of receipt. A purchase contract for the products is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or if we send the products to you – without a prior express declaration of acceptance. Exception: in case of payment with prepayment and PayPal, the order is accepted immediately with your order.

§ 3 PRICES AND SHIPPING COSTS

The prices listed on the product pages are gross prices and are valid plus shipping costs. No vat will be charged following § 19 (1) of the Umsatzsteuergesetz (German Value Added Tax Act, "UStG").

For more information on shipping costs, click here.

§ 4 DISCOUNT CODES AND VOUCHERS

We offer one or more voucher programs (hereinafter "vouchers") and/or discount codes (hereinafter "discounts") at different times and conditions. There is no entitlement to receive such vouchers/discounts. The value of the vouchers/discounts depends on the current conditions of the voucher/discount at the time of the issue.

Our vouchers/discounts are subject to an expiry period. The expiry period can be found in the respective voucher/discount. If a voucher/discount does not include an expiry date, it may be redeemed no later than the end of the third year following the date of the issue; after that, they lose their validity.

Vouchers/discounts are subject to the following conditions unless they contain different agreements:

Vouchers/discounts are non-transferable
The voucher/discount must be redeemed at the time of ordering. Subsequent crediting is not possible
Vouchers and/or discounts cannot be combined

§ 5 DELIVERY

Unless otherwise agreed, the goods will be delivered from our warehouse to the delivery address you have specified.

§ 6 TERMS OF PAYMENT

We are responsible for selecting the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment.

Payment of the purchase price is due upon conclusion of the contract.

If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each written reminder sent to you, after the delay has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in individual cases.

The following payment options are available for deliveries:

Credit/Debit card
Klarna. (Sofort.)
Paypal
ApplePay
(Cash payment)

Payments by credit card, debit card, and Klarna. we handle through the payment service provider Wix Payments (Wix.com Ltd.), Namal 40, 6350671 Tel Aviv, Israel ("Wix.com"). Wix Payments receives your personal data for electronic payment processing. The legal basis for data processing is Art. 6 (1) b GDPR.

All direct payment gateways offered by Wix.com and used by our company comply with PCI-DSS standards managed by the PCI Security Standards Council, a joint initiative of brands such as Visa, MasterCard, American Express and Discover. PCI DSS requirements help ensure the secure handling of credit card information by our online shop and its service provider.

Payment by "PayPal" is processed via PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The Paypal Terms of Use apply to this.

These can be viewed under: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full?locale.x=en_US.

Deliveries to countries outside the European Union may incur additional costs in individual cases, which are to be borne by you. This includes, for example, costs for the transfer ofmoney by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Costs such as these may be incurred about the transfer of funds even 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.

For more information on how to use it, click here.

§ 7 RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day one or more goods ordered as part of a single order and delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. The delivery of goods in several partial consignments or pieces fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last part or the last piece.

In order to exercise your right of withdrawal, you must inform us

Katharina Högel,

Elisabeth-Kohn-Straße 35,

80797 Munich

Germany

Phone: +49 176 70769400,

E-mail: georg_hoegel@outlook.de

employing a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have a type of delivery other than the cheapest offered by us. have chosen a standard delivery) without delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used in the original transaction unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.

We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract

Katharina Högel,

Elisabeth-Kohn-Straße 35,

80797 Munich

Germany

Phone: +49 176 70769400,

E-mail: georg_hoegel@outlook.de

The deadline is met if you send the goods before the expiry of the period of fourteen days.

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 the handling of the goods that are not necessary for checking the nature, characteristics, and functioning of the goods.

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all packaging components. If necessary, use protective outer packaging. If you use the original packaging for sufficient protection against transport damage, to avoid claims for damages due to damage due to defective packaging. Please note that these modalities are not a prerequisite for the effective exercise of the right of withdrawal.

NOTES

The right of withdrawal is excluded in particular for:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
Contracts for the delivery of goods that can quickly spoil or whose expiry date would be quickly exceeded
Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence Has
Contracts for the supply of newspapers, periodicals or magazines except for subscription contracts
Contracts for the supply of goods the price of which depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
Under certain conditions for auctions (more closely § 312g (10) of the Bürgerliches Gesetzbuch (the Civil Code, "BGB")).

The right of revocation expires prematurely in particular for:

Contracts for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery
Contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery

§ 8 RETENTION OF TITLE

The goods remain the property of Katharina Högel until full payment of the purchase price.

As an exception, we are not obliged to deliver if we have ordered the goods properly on our part, but have not been delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this circumstance immediately. Besides, we must not have assumed the risk of sourcing ordered goods. In the event of the unavailability of the goods, we will refund payments already made to you without delay. We do not assume the risk of having to procure an ordered good (procurement risk). This also applies to the ordering of goods which are described only by their nature and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

If you are an entrepreneur within the meaning of § 14 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB"), the following applies besides:

We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Pledging or transfer of a security is not permitted prior to the transfer of ownership of the reserved goods.

§ 9 SET-OFF/RIGHT OF RETENTION

You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or accepted by us or is recognized or is in a close synallagmatic relationship with our claim. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 10 TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please complain to the delivery company immediately and contact us as soon as possible.

Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.

§ 11 WARRANTY

Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Right to Buy following § 433 et seq. of the Bürgerliches Gesetzbuch (the Civil Code, "BGB").

If you are a consumer within the meaning of § 13 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB"), the period of liability for warranty claims for used goods is one year, contrary to the statutory provisions. This limitation does not apply to claims arising from damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place. and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages, which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

Besides, the statutory provisions apply to the warranty, in particular, the two-year limitation period following § 438 (1) No. 3 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB").

If you are an entrepreneur within the meaning of § 14 of the Bürgerliches Gesetzbuch (the Civil Code, "BGB"), the statutory provisions apply with the following modifications:

Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public advertisements and statements and other advertising by the manufacturer.

You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later on from detection. In the event of a breach of the obligation to investigate and complain, the assertion of warranty claims is excluded.

In the event of defects, we shall at our discretion provide warranty by rectification or replacement delivery (subsequent performance). In the event of repair, 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 shipment does not correspond to the intended use of the goods.

If the subsequent performance fails twice, you can demand a reduction at your discretion or withdraw from the contract.

The warranty period is one year from delivery of the goods.

§ 12 LIABILITY

Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the benefit of the legal representatives and vicarious agents of the provider, if the customer asserts claims against them.

Excluded from the previously determined exclusion of liability are claims for damages due to injury to life, body, health, and claims for damages arising from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the goods to the customer free of material and legal defects and to obtain ownership of it. The liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents are also excluded from the disclaimer. The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 13 ALTERNATIVE DISPUTE RESOLUTION

The European Commission has provided a platform for out-of-court dispute resolution. This allows consumers to resolve disputes related to your online order first without the involvement of a court. The dispute resolution platform can be reached under the external link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

We make every effort to resolve any differences of opinion alike in our contract by mutual agreement. Besides, we are not obliged to participate in dispute resolution procedures by a consumer arbitration board.

§ 14 FINAL PROVISIONS inal Provisions

Should one or more provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the rest of the provisions.

Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you are usually staying remain unaffected by the choice of law.

As of March 2020