Terms and Conditions (T&Cs)
1) Scope of Application
1.1
These General Terms and Conditions (hereinafter referred to as the "T&Cs") of Janine Fichna, trading as "Janine Fichna" (hereinafter referred to as the "Seller"), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise agreed.
1.2
A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3
An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1
The product descriptions displayed in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2
The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process.
2.3
The Seller may accept the Customer's offer within five days by:
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sending the Customer a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby receipt of the confirmation by the Customer shall be decisive; or
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delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
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requesting payment from the Customer after the order has been placed.
If several of the above alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs.
The acceptance period begins on the day following the submission of the Customer's offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration.
2.4
If a payment method offered via PayPal is selected, payment processing shall be carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the applicable PayPal User Agreement.
If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.
2.5
After the contract has been concluded, the contract text shall be stored by the Seller and transmitted to the Customer in text form (e.g. e-mail). No further access to the contract text shall be provided by the Seller.
If the Customer has created a user account in the Seller's online shop before placing the order, the order data shall be archived on the Seller's website and may be accessed free of charge by the Customer via their password-protected user account using the relevant login credentials.
2.6
Before submitting a binding order, the Customer may identify potential input errors by carefully reviewing the information displayed on the screen. An effective technical means of identifying input errors may be the browser's zoom function, which enlarges the display. The Customer may correct their entries at any time during the ordering process using standard keyboard and mouse functions until clicking the button that completes the order.
2.7
Different languages may be available for the conclusion of the contract. The specific language options available are displayed in the online shop.
2.8
Order processing and communication generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct and capable of receiving e-mails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1
Consumers generally have a statutory right of withdrawal.
3.2
Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.
3.3
The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens or residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the product description, all prices shown are total prices and include the applicable statutory VAT. Any additional delivery or shipping costs shall be stated separately in the relevant product description.
4.2
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, charges imposed by financial institutions for international money transfers (e.g. transfer fees or exchange rate fees) or import duties and taxes (e.g. customs duties).
Such costs may also arise in relation to money transfers even if the delivery itself is not made to a country outside the European Union, provided that the Customer makes payment from a country outside the European Union.
4.3
The available payment methods shall be communicated to the Customer in the Seller's online shop.
4.4
If the payment method "Sofort" (instant bank transfer) is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna").
To make payment via Sofort, the Customer must have an online banking account enabled for participation in Sofort, identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction shall be executed immediately by Klarna and the Customer's bank account shall be charged.
Further information regarding Sofort is available at:
https://www.klarna.com/sofort/
4.5
If a payment method offered through "Shopify Payments" is selected, payment processing shall be carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe").
The individual payment methods available through Shopify Payments are displayed in the Seller's online shop. Stripe may use additional payment service providers to process payments, in which case separate payment terms may apply and the Customer may be informed accordingly.
Further information regarding Shopify Payments is available at:
https://www.shopify.com/legal/terms-payments
5) Delivery and Shipping Conditions
5.1
If the Seller offers shipment of 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 during the order process shall be decisive.
5.2
If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the initial shipment if the Customer validly exercises their right of withdrawal. Return shipping costs in the event of a valid withdrawal shall be governed by the provisions set out in the Seller's withdrawal policy.
5.3
If the Customer acts as a business entity, the risk of accidental loss or deterioration of the goods shall pass to the Customer as soon as the Seller has handed the goods over to the carrier, freight forwarder, or other person or organization entrusted with the shipment.
If the Customer acts as a consumer, the risk of accidental loss or deterioration shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them.
Notwithstanding the foregoing, the risk shall also pass to the Customer if the Customer has independently commissioned the carrier or other shipping provider and the Seller has not previously designated that provider.
5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care.
The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any payments already made shall be refunded immediately.
5.5
Collection of goods by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller performs in advance, the Seller shall retain ownership of the delivered goods until full payment of the purchase price has been received.
7) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions governing liability for defects shall apply. The following deviations shall apply to contracts for the delivery of goods:
7.1
If the Customer acts as a business entity:
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the Seller shall have the right to choose the type of subsequent performance (remedy or replacement);
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for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
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for used goods, defect claims shall be excluded;
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the limitation period shall not recommence if a replacement delivery is made within the scope of warranty obligations.
7.2
The above limitations of liability and reductions of limitation periods shall not apply:
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to claims for damages and reimbursement of expenses by the Customer;
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where the Seller has fraudulently concealed a defect;
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to goods that have been used for a building in accordance with their customary purpose and have caused the defectiveness of the building;
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to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.
7.3
For business entities, the statutory limitation periods for any existing legal right of recourse shall remain unaffected.
7.4
If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.
7.5
If the Customer is a consumer, the Customer is requested to report any goods delivered with obvious transport damage directly to the carrier and to inform the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual warranty rights.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1
The Seller shall be liable without limitation on any legal grounds:
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in cases of intent or gross negligence;
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in cases of intentional or negligent injury to life, body, or health;
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under a guarantee, unless otherwise provided therein;
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under mandatory statutory liability, including liability under the German Product Liability Act (Produkthaftungsgesetz).
8.2
If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above provisions.
Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.
8.3
Any further liability of the Seller shall be excluded.
8.4
The above liability provisions shall also apply with regard to the liability of the Seller's agents, employees, and legal representatives.
9) Redemption of Promotional Vouchers
9.1
Vouchers issued free of charge by the Seller as part of promotional campaigns and valid for a specified period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), may only be redeemed in the Seller's online shop and only within the specified validity period.
9.2
Promotional Vouchers may only be redeemed by consumers.
9.3
Certain products may be excluded from voucher promotions if such restrictions are specified in the Promotional Voucher.
9.4
Promotional Vouchers may only be redeemed before the order process is completed. Subsequent crediting is not possible.
9.5
Only one Promotional Voucher may be redeemed per order.
9.6
If a Promotional Voucher provides a fixed monetary value rather than a percentage discount, the value of the order must be at least equal to the voucher amount. Any remaining balance will not be refunded by the Seller.
9.7
If the value of the Promotional Voucher is insufficient to cover the order total, one of the other payment methods offered by the Seller may be used to pay the difference.
9.8
The balance of a Promotional Voucher shall neither be paid out in cash nor accrue interest.
9.9
The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partially with the voucher within the scope of the statutory right of withdrawal.
9.10
Promotional Vouchers are transferable. The Seller may perform with discharging effect to the respective holder redeeming the voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement, legal incapacity, or lack of authority to act.
10) Governing Law
10.1
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2
This choice of law shall also not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union.
11) Code of Conduct
The Seller has committed to complying with the Trusted Shops Quality Criteria, which are available online at:
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
