Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Johanna Schneider und Matthias Reichhardt GbR) via the website www.pillagermany.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby rejected.

(2) A consumer, within the meaning of the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button  (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview, change it (also via the "back" function of the internet browser), or cancel the order.
(4) Your requests for an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., via e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Customized goods

(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the legal representation required in this context.
 
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.

§ 4 Special agreements on offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", 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; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 5 Provision of services for vouchers (voucher conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the imprint.

(2) Purchased vouchers entitle you to redeem the credit embodied in the voucher within the validity period. Vouchers can only be redeemed in our online shop at www.pillagermany.de or, if specified, in our local shop. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.

(3) The validity period of the voucher is 3 years from purchase to the end of the calendar year, unless a different validity period is specified in the respective offer.

(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed as part of the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit remains on the voucher and can be used for further orders.

(5) Only one voucher can be redeemed per order.

(6) After the expiration of the withdrawal period or the expiry of the right of withdrawal for consumers, no refund or exchange will be made. A payout / partial payout of voucher amounts is not possible. No interest is paid on the voucher credit. If the statutory right of withdrawal is exercised for goods or services paid with a voucher, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) Transfer or assignment of the voucher is permissible.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies deviating from the aforementioned warranty regulations:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we maliciously concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 8 Choice of Law

(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer Information

1. Identity of the Seller

Johanna Schneider und Matthias Reichhardt GbR
Erfurter Str. 8
36277 Schenklengsfeld
Germany
Phone: +4915563276902
Email: jsumrgbr@googlemail.com


We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German. .

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Any costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.