Terms of service
Table of contents
- Conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Claudia Pollack, acting under "Claudia Pollack HIGH VIBE ART" (hereinafter referred to as "Seller"), shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "client") and the seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the customer's own conditions is hereby contradicted, unless it is something else agreed.
1.2For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise agreed.
1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.
1.4An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also receive the offer by telephone, by e-mail or by Submit the online contact form to the seller.
2.3The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or 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 the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins on the day after the customer sends the offer and ends with the expiration of the fifth day, which follows the sending of the offer. If the Seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the The customer is no longer bound by his declaration of intent.
2.4 https://www.paypal.com/en/webapps/mpp/amongst others/useragreement-full https://www.paypal.com/en/webapps/mpp/amongst others/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.
2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible.
2.6Before placing the order using the online order form of the seller, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which closes the ordering process.
2.7Only the German language is available for the conclusion of the contract.
2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address specified for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2More information on the right of cancellation arises from the cancellation policy of the seller.
3.3The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time of the contract.
4) Prices and terms of payment
4.1Unless otherwise resulting from the seller's product description, the prices given are total prices. VAT is not shown because the seller is small business owners in the sense of the UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment options are/will be communicated to the customer in the seller's online shop.
4.4If you select a payment method offered via the payment service "PayPal", the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes an advance payment to the customer (e.g. invoice purchase or installment payment), he assigns his payment claim to PayPal or to the person commissioned by PayPal and specifically named by the customer Payment service providers. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative audit result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed Payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and mailings or credit notes.
4.8If you select a payment method offered via the payment service "Klarna", the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following Internet address:
5) Delivery and shipping conditions
5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the cancellation of the right of cancellation is effective.
5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the otherwise intended person or institution if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller has not previously named the customer or an institution.
5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to procure the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller under the address specified by the seller. In this case, no shipping costs will be charged.
5.6Vouchers are provided to the customer as follows:
- by email
6) Reference to retention of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7) Liability for defects (warranty)
7.1Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Deviating from this applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the event of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded from used goods;
- the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.
7.3The liability restrictions and deadline reductions controlled above do not apply
- For the customer's claims for damages and reimbursement of expenses,
- In the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.4In addition, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.
7.5If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and notification obligation in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
7.6If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers that are issued free of charge by the seller in the context of promotions with a certain validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2Promotional vouchers can only be redeemed by consumers.
8.3Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.4Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5Only one promotional voucher can be redeemed per order.
8.6The value of the goods must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.8The credit balance of a promotional voucher is neither paid out in cash nor interest.
8.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redemption of gift vouchers
9.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiration date.
9.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4Several gift vouchers can also be redeemed for one order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7The credit balance of a gift voucher is neither paid out in cash nor interest.
9.8The gift voucher is transferable. The seller can pay with discharging effect to the respective owner, who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation of the respective owner.
10) Applicable Law
10.1The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Alternative dispute resolution
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.