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General trading conditions
§ 1 general and area of application
Following trading conditions apply to all present and future business relations between the customer and Femme fatal Onlineshop Alexandra gene tare (in consequence with us designates).
Customers in the sense of these trading conditions are both consumers and entrepreneurs. Consumers in the sense of these trading conditions are natural persons, with whom into business relation one steps, without these a commercial or independent vocational activity can be added. Entrepreneurs in the sense of these trading conditions are natural or legal entities or legally responsible unincorporated firms, with whom into business relation one steps, which act in practice of a commercial or independent vocational activity.
Deviating one, opposing or supplementing general trading conditions, even with knowledge, not part of contract, is, its validity expressly in writing one agrees.
§ 2 offer and contract conclusion
Our data to the products in the on-line catalog are noncommittal. Small deviations and technical changes to our illustrations or descriptions are possible.
With the order of a commodity the customer explains obligatorily to want to acquire the ordered commodity.
We are entitled to accept the contract offer lying in the order within two weeks after receipt with us. The acceptance can be explained either in writing or by distribution of the commodity to the customer.
If the customer orders the commodity on electronic way, we will confirm the entrance of the order immediately. The entrance confirmation represents still no obligatory acceptance of the order. The entrance confirmation can be connected with the notification of acceptance.
The contract conclusion takes place under the reservation of the correct and punctual self supply via our suppliers. This applies only if the nondelivery not from us to to be represented is. The customer is informed immediately about the unavailability of the achievement. The return is returned immediately.
If the customer orders the commodity on electronic way, the contract text is stored by us and sent to the customer on demands together with the available AGB by E-Mail.
All customer inquiries are worked on by telephone within two working-days by E-Mail or.
In order to buy on our web page, you must be of age.
All contracts closed with us are subject to these trading conditions.
§ 3 prices and payment
Those by day the order valid katalogpreise are obligatory. All prices understand themselves including the legal value added tax.
The customer can select under the following payment means:
Vorauskasse by bank credit transfer or paypal
Vorauskasse by debit introduction. The load of the account takes place on the day of the order confirmation.
Cash on delivery. During payment by cash on delivery an additional collection fee at height of 4 euro, together with Uebermittlungsentgeld of the German post office AG of at present 2 euro, which will retain directly from the zusteller, becomes faelig.
If the customer should have received a coupon over the system (e.g. for new customer registration), only one coupon can be redeemed at one time per customer. The coupon redemption can be made dependent on the purchase order value. A legal claim on the receipt or the redemption of a coupon does not exist.
§ 4 supply
The supply of the ordered goods, which are characterized in the Shop as immediately available, takes place within 1-3 working-days after receipt of payment with vorauskasse and/or after order with cash on delivery. The ordered commodity is supplied in neutral packing with discrete indication of sender. Claims for damages because of excess of the time for delivery are excluded.
The following forwarding expenses result:
Forwarding expenses lump sum within Germany: 5.50 euro, is void with a purchase order value starting from 40 euro.
Forwarding expenses lump sum within the European foreign country: 8.50 euro
Dispatch by cash on delivery: Forwarding expenses zzgl. 4 euro collection fee as well as zzgl. 2 euro transmission lump sum, which are to be paid direct at the postmen. The supply by cash on delivery is possible only within Germany.
In the case of supplies into Switzerland if necessary tariff and taxes become due, which will retain with the import.
§ 5 passage of the risk
If the customer is an entrepreneur, the danger of the coincidental fall goes and the coincidental degradation of the commodity with the delivery, with the dispatching purchase with the distribution of the thing to the carrier, the carrier or otherwise the person or institute intended for the execution of dispatching on the customer over.
If the customer is consumer, the danger of the coincidental fall goes and the coincidental degradation of the sold thing also with the dispatching purchase only with the delivery of the thing on the customers over.
It stands for the delivery directly, if the customer is in the delay of the acceptance.
§ 6 right of revocation
They know your contract explanation within two weeks without indication of reasons in text form (e.g. letter, E-Mail) recall or by return of the thing. The period begins at the earliest with receipt of this instruction. For keeping the punctual sending off of the revocation or the thing meets the period of revocation. The revocation is to arrange on:
P. Niggemann, Kapellenweg 9, 59609 Anroechte, shop@femmefatale.de
Revocation sequences
To be given change in the case of an effective revocation on both sides received achievements to be refunded and uses if necessary pulled (e.g. interest) are. If you cannot refund the received achievement to us totally or partly or only in worsened condition, you must carry to that extent if necessary indemnification according to value for us out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination - as she would have been possible you for instance in the ladengeschaeft - to lead back is. In all other respects you can avoid the indemnification according to value obligation, by taking the thing not like their property in use and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back. Things package-capable of being shipped are not fetched with you. They have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the thing which can be sent back does not exceed an amount of 40 euro or if with a higher price of the thing at the time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. Otherwise the return for you is free. Obligations for refunding of payments must fulfill you within 30 days after sending off of their widerrufserklaerung.
End of the widerrufserklaerung
4.2 the right of revocation does not exist in supply of goods, which are made after kundenspezifikation (e.g. t-Shirts with your photo and your name) or are clearly cut to the personal needs or in supply of audio or videoaufzeichnungen or of software, if the supplied data media were unsealed by you (e.g. software CDs, with which the cellophane jacket was opened).
§ 7 retention of title/guarantee
Up to the complete payment the commodity supplied by us remains in our property. If the customer is an entrepreneur, we carry guarantee out with lack of the commodity first after your choice by rework or replacement. If the customer is consumer, then he has first the choice whether the Nacherfuellung is to take place via rework or replacement. We are however entitled to refuse the kind of the selected Nacherfuellung if it is possible with disproportionate costs only and the other kind of the Nacherfuellung without substantial disadvantages for the customer remains.
If the Nacherfuellung fails, the customer can require in principle for its choice reduction of the remuneration (decrease) or cancellation of the contract (resignation). With slight lack no ruecktrittsrecht is entitled to the customer.
Entrepreneurs must indicate obvious lack in writing to us within one period of two weeks starting from receipt of the commodity, otherwise one the asserting of the warranty claim is impossible. For period keeping the punctual sending off is sufficient. The full burden of proof for all presuppositions for claim, in particular for the lack, meets the entrepreneur for the time of the statement of the lack and for the timeliness of the notice of defect.
Consumers must indicate obvious lack to us within one period from two months after the time, at which the condition contrary to the terms of the agreement of the commodity was determined, in writing. For the period keeping the entrance is relevant with us. If the consumer omits the announcement, the warranty laws expire two months after its statement of the lack. This does not apply with bad cunning of the salesman.
The burden of proof for the time of the statement of the lack meets the consumer. If the consumer became by unfounded manufacturer statements the purchase of the thing moved, for its purchase decision the burden of proof meets it.
If the customer selects the cancellation of the contract because of a on the right of or a material defect after failed Nacherfuellung, beside it no claim for damages is entitled to it because of the lack. If the customer selects after gescheiteter Nacherfuellung payment of damages, the commodity remains at the customer, if it this is reasonable. The payment of damages is limited to the difference between purchase price and value of the unsatisfactory thing. This does not apply, if we caused the violation of contract bad-cunningly.
The transfer of warranty claims to third is impossible.
For entrepreneurs the guarantee period amounts to one year starting from delivery of the commodity, for consumers two years starting from delivery of the commodity. This does not apply, if the customer us the lack not in accordance with § 8 NR. 4 and 5 this AGB in time indicated.
If the buyer is an entrepreneur, in principle only the product description of the manufacturer is considered as agreed upon as condition of the commodity. Public expressions, Anpreisungen or advertisement of the manufacturer represent beside it no stipulated indication of condition of the commodity.
The customer does not receive warranties in the sense of right from us. Manufacturer warranties remain of it unaffected.
§ 8 limitations of liability
With easily negligent obligation injuries our adhesion is limited to, the contract-typical, direct average damage foreseeable after the kind and commodity. This applies also with easily negligent obligation injuries of legal representatives or executing aides. Opposite entrepreneurs we do not cling with easily negligent injury of insignificant contract obligations.
The managing limitations of liability do not concern requirements of the customer from product liability. The limitations of liability do not continue to apply to zurechenbaren body and health damage with us or with loss of the life of the customer.
Claims for damages of the customer because of a lack fall under the statute of limitations after one year starting from delivery of the commodity. This does not apply, if us rough being to blame for is vorwerfbar, as well as in the case of us for zurechenbaren body and health damage or with loss of the life.
Beyond that each adhesion is excluded.
§ 9 data storage and data security
In accordance with § 28 of the Federal Law for Data Protection (BDSG) we make attentive to the fact that in the context of the geschaeftsabwicklung the necessary data are processed and stored by means of an EDP system in accordance with 33 (BDSG). Personal data are naturally confidentially treated.
They are at any time a right to free information, correction, blockage and if necessary deletion of your stored data. Of course we are at any time ready to give you in accordance with BDSG information over all data stored by you with us. Contact us please for this by Mail to shop@femmefatale.de or send you to us your demand by post office.
§ 10 applicable right and writing agreement
To these trading conditions as well as the entire legal relations between the customer and us the right of the Federal Republic of Germany applies as compellingly agreed upon. Other national rights are excluded.
Any contract modifications and special agreements require writing to their effectiveness.
§ 11 area of jurisdiction, Salvatori clause
If the customer is buyer, legal entity of the public right or public special estate, exclusive area of jurisdiction for all disputes from the contractual relation is our registered place of business in Augsburg under the condition that we are entitled to complain also at the place of the seat or the address of the buyer.
If individual regulations of the contract with the customer including these general trading conditions should be totally or partly ineffective or become, then thereby the validity of the remaining regulations is not affected. Those totally or partly ineffective regulation is to be replaced by a regulation, whose economic success that comes the ineffective if possible close.
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