1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with COLORS OF SUN · Britta Krämer.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can put our products initially without obligation in the cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.
When the contract is concluded with us depends on the payment method chosen by you:
Payment in advance – wire transfer
We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.
In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The languages available for the contract are German and English. The contract text is not stored by us.
4. Terms of delivery
In addition to the indicated product prices are still shipping costs added. You can find out more about the amount of shipping costs in the offers. We deliver only by mail, parcel service or forwarding agents. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.
In our shop you can always use the following payment methods:
Payment in advance
When selecting the payment method in advance, we will give you our bank details and deliver the goods after receipt of payment to Heidelberger Volksbank, Germany, IBAN DE21672900000149602917, BIC/SWIFT GENODE61HD1.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
6. Proprietary reservation
The goods remain our property until full payment. For entrepreneurs, the following applies in addition: We reserve the right to ownership of the goods until full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; Any claims arising out of this resale shall be made to you in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. They remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.
7. Transportation damage
For consumers, the following applies:
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply with the advertisement, the goods shall be deemed to be approved, unless this is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed in the following, the statutory right of non-liability shall apply.
For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the right of recourse pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material. If the delivered item is defective, we shall provide the supplier with a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
- In case of injury to life, body or health
- In case of intentional or grossly negligent breach of duty as well as fraudulent intent
- In the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- In the context of a guarantee promise, if agreed
- As long as the scope of the Product Liability Act is in force.
Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the onlineshop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- In case of injury to life, body or health,
- In case of intentional or grossly negligent breach of duty,
- In case of warranty, as agreed, or
- as long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper execution of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/. We are ready to take part in an extrajudicial conciliation procedure before a consumer sacking center. Responsible is the General Consumer Protection Center of the Center for Conciliation e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany http://www.verbraucher-schlichter.de.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business.
GTC is created with the Trusted Shops Rechtstexter in cooperation with Wildebeuger Solmecke Lawyers, Germany..
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlements of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding.