General Terms and Conditions for Customers (GTC) and Customer Information

 

General terms and conditions

 

Please note: The english translation of our terms and conditions is provided for the convenience of our non-german-speaking customers. Regardless of this, only the original german-language version is legally binding.

 

 § 1 General

 

Die following terms and conditions  regulate all contractual relationships between Maren Söhnlein, Maskenzauber & Erlebenskunst and her customers. They apply to all concluded contracts on merchandize delivery, you have concluded with us be it over the maskenzauber.com website, a catalogue, via email, fax, letter, telephone or any other means of telecommunication.

These terms and conditions include all customer informations in compliance with the german BGB Information by-law.

You may access these terms and conditions at all times via the web address below:

http://www.maskenzauber.com/masken-shop/Unsere-AGB.

Using a given web browser you may print out or save our terms and conditions onto your computer. After passing any order you will receive our terms and conditions. The contractual language is german.

 

Identification and address for service of summons:

Maskenzauber & Erlebenskunst

Maren Söhnlein

Kalckreuthstraße 14

10777 Berlin

Germany

email: m@skenzauber.de

website: www.maskenzauber.com

Sales tax identification number: DE249758754

 

Written claim requests may be directed to the above.

 

§ 2 Conclusion of the contract

 

(1)  By clicking on the [order confirmation] button the buyer is making a legally-binding order for the goods contained in the shopping cart in compliance with the terms and conditions as set forth. Prior to the [order confirmation] the buyer may consult, edit or delete the order data at all times. Following receipt of the legally binding order the buyer will receive an order confirmation, via email or fax with our terms and conditions attached.

(2)  The sales contract becomes binding as soon as the ordered goods have been sent to the buyer with an invoice, or as soon as an expressly order confirmation has been sent (acceptance of an order). If the buyer does not receive the order confirmation within 1 week, he will no longer be bound by the contract.

(3)  In every business relationship the valid version of these terms and conditions at the time of the contract execution, is the defining rule.

 

§ 3 Revocation

 

(1)  Right of revocation

(1)

The buyer may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

 

The revocation is to be addressed to:

Maskenzauber & Erlebenskunst

Maren Söhnlein

Kalckreuthstraße 14

10777 Berlin

eMail: m@skenzauber.de

Fax: +49 (0)30.50346879

 

(2)  Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If the buyer is unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then he has to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned at our risk. Things that cannot be shipped by parcel will be picked up. The buyer is obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, the buyer has at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for is free of charge for the buyer. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

End of revocation instructions

 

§ 4 Shipping

 

(1)  Shipping within Germany and to other european countries is provided by Hermes Logistics or DHL to the stated delivery address.

(2)  All risks and dangers of delivery are borne by myself the seller. Risk of loss and damage shall pass to the buyer upon delivery of the merchandise

(3)  Shipping is fee required. Shipping and handling costs are clearly stated while placing the order and are to be exclusively paid by the buyer

(4)  If the buyer has chosen a mode of advance payment ( bank transfer, PayPal or cash) we will ship the order upon receipt of payment. If the buyer has chosen cash payment on delivery we will dispatch the merchandise upon contract conclusion. For precise lead time check the listed time frames stated in the offer at the time of conclusion of the order.

(5)  In case of delivery delay due to unforeseeable acts of force majeure, and the inability on our, or the logistics enterprise side to counter, the delivery delay might be prolonged accordingly. If so, the buyer will be informed promptly. Legal requirements remain unaffected.

 

§ 5 Prize and payment options

 

(1)  All stated prices are retail prices, that is including the legal german VAT. Occurring costs for shipping and handling will be added to the total order value.

(2)  Regardless whether the order is destined for Germany or abroad, the buyer has a choice of various advance payment modes: bank transfer, PayPal or cash.

(3)  For the above sited modes of advance payment, no further fee is charged. If cash payment on delivery is chosen, the additional fee charged by the shipping company is to be payed by the buyer.

(4)  We do not offer any form of installment purchase.

 

§ 6 Ownership

 

Ownership and all other rights to the delivered items remain with Maskenzauber & Erlebenskunst until the purchase price and delivery costs are paid in full.

 

§ 7 Warranty and liability

 

(1)  Statutory warranty rights apply. Warranty claims expire 24 months after delivery date.

(2)  We exclude liability for negligent breach of duty, provided these are not contractual obligations concerning damage caused by the loss of life, body or health, or guarantees, or claims under product liability law. The same holds for any of our agents and our legal representatives. The contractual obligations include, in particular the obligation to hand you the subject matter of the contract and to get you to the property in it. Furthermore, we are obliged to give you the item free of defects and legal deficiencies.

 

§ 8 Data privacy protection

 

(1)  Data collection is solely performed within the framework of our contractual relations. We are bound by the stipulations of the German Act for Telemedia Services (Telemediengesetz - TMG) and German Data Protection Act (Bundesdatenschutzgesetz - BDSG). We do not disclose data to third parties. The Data collected is used for the sole purpose of realization /implementation / settlement of the contractual relations.

(2)  Inside the Data Act Statement you will find all further personal data relevant to the completion of your order. You have a right to request your personal information at any time and free of charge. If applicable and requested these pieces of information may be corrected, blocked or even deleted.

 

§ 9 Final Provisions

 

(1)  Any legal relations between seller and buyer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as reference to the legal conventions of other countries.

(2)  If one of the provisions of these terms and agreements is or becomes, wholly or in part, void or invalid, the validity of these terms and conditions is not affected. In agreement by the Partners, the relevant condition will be replaced by an alternative subparagraph the content of which is equivalent as far as is legally possible to the original condition.