General Terms and Conditions
Content
- scope of Application
- conclusion
- Withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- liability for defects
- Applicable law, jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These terms and conditions of wood carving Klaus Kirchler, apply to all contracts that represent a consumer or the entrepreneur with his status in the online shop. Hereby the inclusion of the own conditions of the customer is contradicted.
1.2 Consumer within the meaning of these terms and conditions is this natural person who concludes a legal transaction. Entrepreneur in the sense of these terms and conditions is a natural or legal person who represents a professional or legal entity when concluding a legal transaction.
2) Conclusion of the contract
2.1 Find in the seller's online shop Product descriptions represent binding offers from the seller.
2.2 The customer can accept the offer via the online shop of the attached online order form. When placing an order via the online order form, the customer enters the order data, the buttons closing the order process, a legally binding acceptance of the contract offer. However, the offer can only be accepted if the customer arrives by the check mark.
2.3 The seller sends the customer a confirmation of the order by post or by e-mail.
2.4 In the acceptance of an offer via the online order form of the seller and the customer after sending his order along with these terms and conditions in text form (eg e-mail, fax or letter) sent. In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has an online shop before sending his order. In any case, the seller sends an order confirmation with a note about how the function.
2.5 Prior to the binding submission of the order via the online order form, the customer can change his entries using the usual keyboard and mouse functions. In addition, all entries will be displayed in a confirmation window before the order is placed.
If the customer acts as a consumer, the contract for the Italian language is available.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
4) Prices and terms of payment
4.1 of the product description of the product is also available in the values of the values. If necessary, additional delivery and shipping costs.
4.2 For deliveries to countries outside the European Union, retailers can not afford to buy goods. These include costs of transferring money by credit institutions or exchange rate charges. Taxes (marked customs duties).
4.3 The customer has various payment options available, which are specified on the website of the seller.
4.4 If advance payment has been agreed, the payment is due immediately upon conclusion of the contract.
4.5 If payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the terms of the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. on. that the customer opens or already has a PayPal account.
5) Delivery and shipping conditions
5.1 The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he 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 to him the performance had announced a reasonable time in advance.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
6) Liability for defects
6.1 The statutory liability for defects applies.
6.2 For consumers, the limitation period for claims for defects
For new goods, two years from delivery of the goods to the customer.
for used goods one year from delivery of the goods to the customer.
6.3 The assertion of claims for defects presupposes that the consumer notifies the seller of the defect within two months after discovery.
7) Applicable law, jurisdiction
7.1 If the customer acts as a consumer within the meaning of Section 1.2, then the law of the state in which the customer has his habitual residence shall apply to all legal relations of the parties, excluding the UN Convention on the International Sale of Goods and Exclusive Jurisdiction for all disputes from this contract is the domicile of the customer.
7.2 If the customer acts as an entrepreneur within the meaning of Section 1.2, then the law of the state in which the seller has his place of business, excluding the UN Convention on the International Sale of Goods and Exclusive Jurisdiction for all disputes shall apply to all legal relationships between the parties This contract is the place of business of the seller.
8) Alternative Dispute Resolution
8.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obliged nor willing in principle to participate in a dispute resolution procedure before a consumer arbitration board.
Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you your payment (without any shipping charges (outward and return shipping), taxes and handling fees, we received from you) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
Cancellation form