General Terms and Conditions

1. Scope of application

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.

These terms and conditions also apply to future business relations with entrepreneurs, without our having to make any further reference to them. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, its validity is hereby contradicted; They will only become part of the contract if we have expressly consented to it.

2. Contracting party, conclusion of contract

The purchase contract comes with Britta Elisa Krämer · COLORS OF SUN. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products without obligation into the shopping cart and correct your entries before sending your binding order at any time by using the order process And explained correction aids. By clicking the order button, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made by e-mail immediately after sending the order. When the contract is concluded with us depends on the type of payment chosen by you:

Invoicing
We accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within two days.

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can specify your payment data and confirm payment instructions to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and 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. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.

5. Payment

The following payment methods are available in our shop:

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. You’ll get more information during the ordering process.

Invoicing
When selecting the type of payment “Invoice”, the invoice amount must be transferred to the bank account specified there within 7 days after receipt of the invoice.

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.

9. Liability

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, 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 Rechtsanwälte.