General Terms And Conditions
General Terms and Conditions for Consumers
The following terms and conditions apply to purchase contracts that are made via the platform between
- hereinafter referred to as „provider“ -
the customer specified in § 2 of the contract
- hereinafter referred to as „customer“ -
§ 1 Scope, Definitions
(1) For the business relationship between the supplier and the customer, the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier agrees to their validity in writing.
(2) The customer is exclusively consumer. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor independent professional activity.
§ 2 Conclusion
(1) The customer can select products from the assortment of the supplier and collect them in a so-called shopping cart via the button "add to cart". With the button "Order for payment" he makes a binding request for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "Accept terms and conditions" and thereby included in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and the customer can print out the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application.
(3) The contract is only concluded by the submission of the declaration of acceptance by the supplier, which is sent by a separate e-mail, or by the delivery of the goods within five days.
(4) The customer may not pass on the password required for ordering to third parties. In case of a transfer, the customer is also responsible for orders of the third party. For any orders with the password of the customer and the resulting demands, the customer himself comes up.
§ 3 Delivery, product availability
(1) The provider is obliged to send the goods to the customer only after payment has been made (ie receipt of payment on the account of the provider.
(2) If no copies of the product selected by him are available at the time of the customer's order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider. The goods are only the property of the buyer, if the entire purchase price and all other related claims, such as shipping costs, are settled. Payments by the buyer are always credited towards the oldest debt.
§ 5 Prices and shipping costs
(1) For customers from EU countries the indicated prices are final prices. They contain the applicable statutory taxes, in particular VAT. In addition to the prices quoted, we charge shipping for the delivery. The corresponding shipping costs are indicated to the customer on the product pages, in the shopping cart and in the order form and are to be borne by the customer. Decisive are the delivery address and the product weight. The customer has at any time during the purchase in the online shop the possibility via the "shipping cost calculator" to check the current shipping costs in relation to the item selection in the shopping cart.
(2) For customers outside the EU, all prices quoted are net prices. Decisive is the delivery address. If, in accordance with the legal provisions, VAT is payable in the recipient country, it must be paid in addition upon receipt of the goods. In addition, import duties may apply, which the customer must additionally pay upon receipt of the goods.
(3) The dispatch of the goods takes place by post. If the customer wishes insured shipping for goods with a total value of more than € 500, he must include this in his application by selecting the appropriate shipping method. The resulting additional costs are specified in the order form and must be borne by the customer. The period of validity of temporary offers is shown separately in the shop. Although we stock enough items, it may happen, especially for special promotions, that items are sold out faster than anticipated. Thus, we can not accept a delivery guarantee.
§ 6 Payment arrangements
(1) The customer can make the payment by credit card (Vista / Master), prepayment / bank transfer or PayPal. The payment on account is not possible, unless the provider has expressly confirmed this to the customer. For payments by credit card, the sales are immediately debited from the customer's account.
(2) When paying in advance, the customer receives a prepayment, which will be sent to the customer within 24 hours by mail. Only when the customer has paid the entire amount to the specified account will the goods be shipped. We reserve the goods in the period, but a maximum of 5 days for the customer.
(3) The customer can change the payment method stored in his user account at any time and reject individual payment methods.
(4) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(5) The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
§ 7 Material defect warranty, warranty
(1) The product images may differ from the appearance of the delivered products, especially in terms of color and size. In particular, it may come after changes in the range of manufacturers to changes in appearance and in the equipment of the products. Claims for defects do not exist insofar as the changes are reasonable for the customer.
(2) The provider is liable for material defects according to the relevant statutory provisions, in particular §§ 434 ff BGB.
(3) A guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.
§ 8 Liability
(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Transport damage
If goods are delivered with obvious transport damage, the customer is requested not to accept the deliveries with reference to the transport damage. Should the customer notice the damage later, he must report the damage to the deliverer as soon as possible and contact the provider so that he can assert his claims against the carrier or the transport insurer. The failure of such a complaint has no consequences on the legal claims of the customer, in particular the warranty rights.
§ 10 Return of the goods
(1) If the customer makes use of his right of withdrawal, he has to bear the regular costs of the return, if the delivered goods correspond to those ordered.
(2) If the delivered goods do not correspond to the ordered goods, the seller will bear the costs of the return.
(3) If the customer orders personalized items, including items with personalized packaging, a replacement or return is excluded.
§ 11 Right of withdrawal of the consumer
Consumers are entitled to a right of revocation as follows, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day
- in which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods in a single order and the goods or goods have been delivered in a uniform manner;
- where you or a third party named by you, who is not the carrier, has or has taken possession of the last good, if you have ordered several goods in a single order and the goods are delivered separately;
- on which you or a third party named by you, other than the carrier, has or has taken possession of the last partial shipment or the last piece, if you have ordered a good that is delivered in several partial shipments or pieces;
If there are several of the above alternatives, the revocation period will not commence until you or a third party named by you, who is not a carrier, has or has taken possession of the last good or last partial or final lot.
To exercise your right of withdrawal, you must contact us (Cristalica GmbH, Ringstraße 26, 03159 Döbern, Tel. 0355/289442600, Fax 0355/289442601, E-Mail: firstname.lastname@example.org) by means of a clear statement (eg. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached Model Cancellation Form which is not prescribed.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the cost of returning parcel shipping goods. They also bear the immediate costs of returning non-parceled goods. The costs are estimated at a maximum of about 300, - €.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist with contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
The right of revocation expires early in contracts
- for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
§ 12 Battery disposal notice
In connection with the distribution of batteries or rechargeable batteries, or with the supply of equipment - in particular watch batteries - containing batteries, we are obliged to inform end users in accordance with the Battery Regulation:
The customer is legally obliged to return used batteries and rechargeable batteries. The customer may return these after use in a municipal collection point or in the local trade free of charge.
The customer can also return batteries free of charge to our following address: Cristalica GmbH, Ringstraße 26, 03159 Döbern
Our obligation to take back distribution as a distributor is limited to batteries of the kind that we have in our assortment or have led.
§ 13 Image rights
All image rights belong to Cristalica GmbH or its partners. Without explicit consent, use is prohibited.
§ 14 Copyrights for printed designs, indemnity
(1) If the customer submits his own motive or other influence on the product (text personalization), the customer assures the vendor that the text and the motive are free of third party rights. Any infringement of copyrights, personal rights or name rights shall be fully borne by the customer in this case. The customer also assures that through the individualisation of the product he does not violate the rights of third parties or violate existing laws or morality.
(2) The customer shall exempt the supplier from all claims and claims that are asserted due to the infringement of such rights of third parties, as far as the customer is responsible for the breach of duty. The customer shall reimburse the provider for all arising defense costs and other damages.
(3) In addition, we reserve the right to subject racist, politically or individually discriminatory text content to special scrutiny and to reject the product order accordingly.
§ 15 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer, excluding the UN Sales Convention. Contract language is German.
(2) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts.
Cristalica GmbH, Ringstr. 26, 03159 Döbern, Germany
Register court / Registration: Amtsgericht Cottbus
Registernummer/ CR-No.: HRB 8427
As of: July 2019