General Terms and Conditions (GTC) and consumer information
General terms and conditions and consumer information within the framework of purchase contracts concluded via the online shop between è KIN POTTERY (future seller) and the customer.
§ 1 Scope and general information
(1) Subject to individual agreements and agreements that take precedence over these GTC, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is objected to.
(2) The customer is a consumer insofar as he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or independent professional activity when concluding a legal transaction (§ 14 para. 1 BGB).
(3) If an e-mail address is entered or used by the customer for the order process or for the execution of the contract, he must ensure that this e-mail address stored or specified by him is correct. Furthermore, the customer must ensure that any programs (firewall and/or spam filter) used by him cannot prevent access to the e-mail and thus the e-mail can actually reach the customer. If necessary, the customer must also look through the spam folder of his e-mail address or e-mail program.
§ 2 Conclusion of contract
- The contract is concluded with:
È KIN POTTERY
Edita Kinderyte
Lenaustraße
12047 Berlin
(2) The essential characteristics of the goods result from the respective product description set by the seller.
All pieces are unique pieces, none is 100% like the other. By purchasing, the customer agrees to receive a product that can never have a perfect, uniform surface, or is 100% evenly shaped.
Parts can chip off even in the event of slight impacts, which can then (at best) only be saved with glue. If you need help or advice with a repair, please send me an e-mail.
All parts are dishwasher safe.
(3) All offers in the seller's online shop only constitute a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will initially only receive a confirmation of his order to the seller (order confirmation), e.g. by e-mail. This order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within two working days whether he accepts the order (order confirmation), e.g. by e-mail. The ordering process in the seller's online shop works as follows:
The customer can select products from the seller's range and collect them via the "Add to cart" button. By clicking on the "Shopping cart" button, the customer gets an overview of the selected products and the respective prices and costs. After clicking on the "Next step" button, the customer will be redirected and can then enter his delivery data. After clicking another button "Next step", the customer can then select the payment terms. If the customer then clicks on another button "Next step", he will be taken to the overview page, where he can view all entered data, the ordered goods and the prices. Before submitting the order by clicking on the "Buy" button, the customer can view and possibly change the entered order, as well as the entered data, at any time by using the browser functions "Back" or "Next" displayed as arrow keys. If necessary, the customer can also cancel the purchase process by closing the website or by clicking on the "Cancel" button. By clicking on the "Buy" button, the customer submits a binding application to purchase the goods in the shopping cart.
The application can only be submitted and transmitted if the customer acknowledges these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt, e.g. by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function. The automatic acknowledgement of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the seller, which will be sent with a separate e-mail. After the respective conclusion of the contract, the customer automatically receives an e-mail with further information on the processing of the contract (order confirmation).
§ 3 Subject matter of the contract, quality, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the context of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and errors there are reserved, especially with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Illustrations on the website may only reproduce the products inaccurately; in particular, colours may differ significantly for technical reasons. Images are only for illustrative material and may differ from the product. Technical data, weight, dimension and service description are given as precisely as possible, but may have the usual deviations. The properties described here do not constitute defects in the products delivered by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs SHIPPING
(1) Delivery to the shipping company DHL takes place within 2 - 4 working days after receipt of money. The delivery time is up to seven working days. For international shipping, the delivery time takes (sometimes much) longer. The seller points out any different delivery times on the respective product page.
(2) The prices quoted are final sales prices plus shipping costs. The customer receives an invoice according to the small business regulation.
(3) Shipping costs overview:
Germany: €6
EU: €15
You are also very welcome to pick up the order from me personally in Berlin Neukölln or Mitte. To do this, simply select the pick-up option at the end of the ordering process, write me an email via [email protected] and we will find an appointment together.
§ 5 Payment
(1) Payment is made in advance (Stripe, bank transfer).
(2) With the purchase, the customer expressly agrees that his data will be transmitted and stored for the purpose of purchase processing, § 33 BDSG. The data will be used exclusively to process the purchase. A transfer to third parties by the seller does not take place. In addition, German data protection law applies.
§ 6 Transport damage
(1) If goods with obvious transport damage are delivered, the customer is asked to immediately complain to the deliverer about these errors and to contact the seller as soon as possible.
(2) Failure to make a complaint or contact has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or transport insurance.
§ 7 Warranty for material defects
(1) The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) A guarantee exists for the goods delivered by the seller only if this was expressly given in the order confirmation for the respective item.
(3) Complaints and claims for liability for defects can be made at the address given in § 2 of these GTC.
§ 8 Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.
§ 9 Liability
The legal regulations of the Federal Republic of Germany apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the terms and conditions will be sent to the customer by e-mail. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
§ 11 Right of withdrawal
Right of withdrawal for consumers
The right of withdrawal applies only to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activity, cf. § 1 para. 2 of these GTC and § 13 BGB above.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the item(s).
In order to exercise your right of withdrawal, you must inform us
È KIN POTTERY
Edita Kinderyte
Lenaustraße
12047 Berlin
by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the sample revocation form for this:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s)
Signature of the consumer (s) (only if notified in writing on paper)
Date
(*) Delete as appropriate.
use; however, its use is not mandatory. If you make use of the revocation, a confirmation of receipt of such a revocation will be sent to you immediately (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned. We must then reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
We can refuse the refund 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 or hand over the goods to us immediately and in any case at the latest within 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the items before the expiry of the 14-day period.
You bear the direct, insured costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to a handling that is not necessary to check the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal is gladly. § 312g para. BGB, among other things, not for contracts
- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
End of the cancellation policy
§ 12 Final provisions
(1) The contract language is German or English. The seller has not submitted to a code of conduct.
(2) Contracts between the seller and the customers shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or habitual residence is not known at the time the action is brought.
§ 13 Data protection declaration
Your order with details of the concluded contract (e.g. ordered product, price, quantity, etc.) will be stored by Edita Kinderyte. All personal data will of course be treated confidentially. The data necessary for business processing will be stored with automation support and passed on to partner companies as far as absolutely necessary as part of order processing. Data other than those necessary for the execution of the contract will not be determined.
The revocation must be sent to:
Edita Kinderyte
Lenaustraße
12047 Berlin
Deutschland