General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of "BerlinBeads" (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit their offer via the online order form integrated in 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 offer by clicking the button finalising the order. The Customer may also submit the offer by e-mail.
2.3 The Seller may accept the Customer's offer within five days:
- by sending a written order confirmation or order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing the order.
If several of the above alternatives apply, the contract is concluded at the time one of the above alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the above period, this shall be deemed a rejection of the offer.
2.4 For payments via PayPal, 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 PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
2.5 Upon submission of an offer via the Seller's online order form, the contract text will be stored by the Seller and sent to the Customer in text form (e.g. e-mail) after the order has been placed. The Customer may access their order data via their password-protected customer account.
2.6 Before placing a binding order, the Customer can correct any input errors by carefully reading the information displayed on screen. The Customer may correct their entries at any time during the electronic ordering process using the usual keyboard and mouse functions until clicking the button finalising the order.
2.7 The contract is available in German and English.
2.8 Order processing and communication take place primarily by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct and that e-mails sent by the Seller can be received, particularly with regard to spam filters.
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 withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, prices quoted are total prices inclusive of statutory VAT. 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 arise which the Seller is not responsible for and which are to be borne by the Customer, such as transfer fees, exchange rate fees, or import duties and taxes.
4.3 Available payment methods will be communicated to the Customer in the Seller's online shop.
4.4 If payment by bank transfer in advance is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 For payments via PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Delivery and Shipping Conditions
5.1 Goods are delivered to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive. For PayPal payments, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful delivery, unless the Customer is not responsible for the circumstance that led to the impossibility of delivery.
5.3 Vouchers are delivered to the Customer by e-mail.
6) Retention of Title
If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.
7.2 By way of derogation, for used goods: claims for defects are excluded if the defect does not become apparent until after one year from delivery of the goods. Defects that become apparent within one year of delivery may be claimed within the statutory limitation period. The reduction of the liability period to one year does not apply:
- to items used in accordance with their normal use for a building and which caused its defectiveness,
- to claims for damages and reimbursement of expenses by the Customer, or
- in cases where the Seller fraudulently concealed the defect.
7.3 The Customer is requested to report any obvious transport damage to the delivery agent and to inform the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual warranty rights.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop within the specified period.
8.2 Individual products may be excluded from the voucher promotion.
8.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Multiple Promotional Vouchers may be redeemed per order.
8.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining credit will not be refunded.
8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used for the difference.
8.7 The credit of a Promotional Voucher is neither paid out in cash nor does it accrue interest.
8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part using the Promotional Voucher.
8.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer to third parties is excluded.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased in the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
9.2 Gift Vouchers and remaining balances are redeemable until the end of the third year following the year of purchase.
9.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Multiple Gift Vouchers may be redeemed per order.
9.5 Gift Vouchers can only be used to purchase goods, not to purchase further Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used for the difference.
9.7 The credit of a Gift Voucher is neither paid out in cash nor does it accrue interest.
9.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.