General terms and conditions of business
1. Scope
These General Terms and Conditions (GTC) apply to all deliveries from Gwinis, Gwendolin Koch, Zeppelinstr. 25, 81541 Munich (hereinafter "Seller") to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed. Deviating general terms and conditions of the customer are not recognized unless we expressly agree to their validity in writing.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with Gwendolin Koch, Zeppelinstr. 25, 81541 Munich.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order. We will confirm receipt of the order immediately via an automatically generated email ("confirmation of receipt"). A valid contract is only concluded upon receipt of the shipping confirmation by email (acceptance).
2.1. Klarna invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
2.2 Credit card
When you place your order, you will simultaneously provide us with your credit card information. Once you have verified your identity as the legitimate cardholder, we will request your credit card company to initiate the payment transaction, thereby accepting your offer.
2.3 PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing your order in the shop, we will request PayPal to initiate the payment transaction, thereby accepting your offer.
2.4 Sofort by Klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This will conclude the contract with us.
2.5 Shopify Payments
If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .
2.6 The language available for concluding the contract is German. We will save the contract text and send you the order details and our General Terms and Conditions by email.
2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or 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.
4. Prices and shipping costs
4.1. The prices quoted include statutory VAT and other price components. Any shipping costs will be added, unless otherwise stated below. Shipping costs are stated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before the customer submits the order.
In our shop you can generally use the following payment methods
Disposal:
Credit card
When you place your order, you will simultaneously provide us with your credit card information. Once you have verified your identity as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after your order. The payment transaction will be processed automatically by the credit card company, and your card will be charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first with your login details.
Identify yourself and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be processed automatically by PayPal immediately afterward. You will receive further instructions during the ordering process.
Sofort by Klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account activated for participation in Sofort with a PIN/TAN procedure, verify your identity, and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will be processed immediately by Sofort, and your account will be debited.
Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and log in with your
Verify your access data. There you can select the delivery address and payment method stored with Amazon, confirm Amazon's use of your data, and confirm the payment instruction to us. You will then be redirected to our online shop, where you can complete the order process. Immediately after placing your order, we will request Amazon to initiate the payment transaction. The payment transaction is processed automatically by Amazon. You will receive further information during the order process.
Purchase on account via Klarna
In collaboration with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first, and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .
Shopify Payments
If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .
5. Delivery
5.1 Unless otherwise stated in the product description, delivery will take place within approximately 3 to 14 working days (Monday to Friday). The delivery period begins on the day after the contract is concluded. If the delivery period falls on a Saturday, Sunday, or public holiday at the delivery location, the delivery period ends on the next working day.
5.2 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Seller during order processing shall be decisive for the processing of the transaction.
5.3 Incorrectly sent returns
We are not liable for the loss, destruction, depreciation of value or damage to incorrectly sent returns that are not our products, regardless of the legal basis.
5.4 Undeliverable delivery
If your order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. In this case, we will assume that you wish to withdraw from the contract, which will then automatically become a refund obligation. As a consequence, we will promptly, and no later than 14 days after withdrawal, refund all payments received from you, excluding shipping costs (with the exception of additional costs resulting from your choice of a shipping method other than the standard shipping method offered by us).
5.5 Transport damage
If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
6. Retention of title
The goods remain our property until full payment has been made.
7. Warranty
The statutory warranty regulations apply unless otherwise stated below.
8. Limitation of liability
(1) We shall be liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and shall be limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9. Dispute resolution
The EU Commission has created an online dispute resolution platform. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.