Table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (Warranty)
- Liability
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Kristina Günther, trading under “ever&again” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers from the seller but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the integrated online order form in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer for the goods in the shopping cart by clicking the button that concludes the order process. The customer can also submit the offer to the seller by email, online contact form, or telephone.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the customer being decisive, or
- by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or
- by requesting payment from the customer after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is considered a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects a payment method offered by PayPal, the seller already declares the acceptance of the customer’s offer at the time the customer clicks the button concluding the order process.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. Beyond this, the seller does not provide access to the contract text. If the customer has created a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer via their password-protected user account, specifying the corresponding login data, free of charge.
2.6 Before submitting the binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors may be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.7 Different languages are available for concluding the contract. The specific language option is displayed in the seller’s online shop.
2.8 The order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that the emails sent by the seller can be received at this address. Especially when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of concluding the contract is outside the European Union.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which the customer must bear. These include, for example, costs for transferring money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer 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.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, the payment is due immediately after the contract is concluded, provided the parties have not agreed on a later due date.
4.5 If the “SOFORT” payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that is activated for participation in “SOFORT”, legitimize themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterward by “SOFORT”, and the customer’s bank account is debited. Further information on the “SOFORT” payment method is available to the customer on the internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service “Klarna” is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information as well as Klarna’s terms and conditions can be found here:
https://www.everandagain.com/de/info/Versand-und-Zahlungsbedingungen.html
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery will be made to the delivery address specified by the customer within the seller’s specified delivery area, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer must bear the reasonable costs incurred by the seller as a result. This does not apply to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulations in the seller’s cancellation policy apply.
5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon handover of the goods to the customer or an authorized recipient. Contrary to this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer when the seller delivers the item to the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment, if the customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment and the seller had not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to obtain the goods. In the event of the non-availability or partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded without delay.
5.5 If the seller offers to pick up the goods, the customer can collect the ordered goods after being notified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 In relation to consumers, the seller retains ownership of the delivered goods until the full purchase price has been paid.
6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled.
6.3 If the customer acts in breach of contract, especially in the event of non-payment of the due purchase price, the seller is entitled to withdraw from the contract according to statutory provisions and demand the return of the goods.
7) Liability for defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 For entrepreneurs:
- An insignificant defect generally does not justify warranty claims.
- The seller has the choice of remedying the defect by repair or replacement.
- The limitation period for defects in new goods is one year from the transfer of risk.
- The limitation period for used goods is generally excluded.
- The statutory limitation periods for the right of recourse according to Section 445b of the German Civil Code (BGB) remain unaffected.
7.3 The aforementioned limitations and shortening of the time limits do not apply to claims for damages by the customer that result from injury to life, body, or health or from intentional or grossly negligent breaches of duty by the seller or intentional or grossly negligent breaches of duty by a legal representative or vicarious agent of the seller.
7.4 In addition, the limitation periods specified for entrepreneurs do not apply to the seller’s fraudulent concealment of defects or to the seller’s warranty promises.
7.5 If the customer acts as a merchant in accordance with Section 1 of the German Commercial Code (HGB), the obligation to inspect and notify defects applies in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to fulfill the notification obligations stipulated therein, the goods are deemed approved.
7.6 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller accordingly. If the customer fails to comply, this has no effect on their legal or contractual warranty claims.
8) Liability
The seller is liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
In other cases, the seller is liable – unless otherwise regulated in Section 8.3 – only in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the seller’s liability is excluded.
8.3 The limitation of liability under Section 8.2 does not apply to liability for damages resulting from injury to life, body, or health, for a defect after assuming a warranty for the quality of the product, or for fraudulently concealed defects. The limitation of liability also does not apply to liability for claims under the Product Liability Act.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before the conclusion of the order process. Subsequent settlement is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller can make a payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of authorization of the respective holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop unless otherwise stated in the voucher.
10.2 Gift vouchers and any remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before the conclusion of the order process. Subsequent settlement is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The seller can make a payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of authorization of the respective holder.
11) Applicable law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of concluding the contract.
12) Alternative dispute resolution
12.1 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.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.