|
General Terms
and Conditions
For
orders of products via www.beadreaming.de, (“Beadreaming”), the
following general terms and conditions apply.
You
can print out and save these general terms and conditions in
reproducible form at your discretion.
1.
Offer and acceptance
a)
An order which you place via the order webpage of our online shop,
which you place by filling out and sending the order form from our
website or which you send to us via email or communicate via telephone,
is a binding offer.
b)
We will acknowledge to you the receipt of your order without
undue delay.
c)
We are entitled to accept your offer within two weeks by sending
an order confirmation via internet, email or by other means. By means of
this acceptance the purchase agreement is concluded.
2.
Availability and prices
a)
We will deliver the products subject to its availability. We do
not warrant the availability.
b)
In case of non-availability of a product we will inform you
without undue delay. Payments which you have already effected will be
reimbursed without undue delay in case of non-availability of the
respective product.
c)
The relevant price for the products ordered is the one which is
named on our website for this specific product at the day of your order.
d)
The prices named include VAT.
3.
Payment terms
a)
We exclusively deliver against pre-payment or cash on delivery.
b)
The pre-payment can be effected via bank transfer, via credit
card payment, via PayPal or via sending of cash, whereas we solely
accept payment via credit card in case of a minimum order value of €
10.00.
4.
Shipment of products
a)
We will send to you the products ordered. In case payment via
cash on delivery has not been agreed upon, we will dispatch the products
after we received your payment.
b)
The risk of accidental loss and accidental deterioration passes
to you when the product sold is handed over to the company responsible
for the shipment like e.g. “Deutsche Post”.
c)
Thus, shipments with a product value of more than € 50.00 are
solely shipped covered by insurance, e.g. as a package.
5.
Liability for defects
a)
In case of a defect we are liable according to the statutory
provisions if and to the extent no restrictions apply according to the
following.
b)
Obvious defects have to be reported to us in writing within two
weeks after the delivery respectively after the appearance of the defect.
In case you do not report defects within the deadline mentioned your
warranty claims expire. This does not apply in respect of defects we
have fraudulently concealed or if we have guaranteed the quality of the
product.
c)
In case of delivery of new products the warranty period is two
years. In case of delivery of used products the warranty period is one
year. The period starts when the products are delivered to you. This
does not apply with respect to damage claims resulting from defects. For
damage claims resulting from defects clause no. 6 applies.
d)
We do not grant any guarantees.
6.
Total liability
a)
Our liability for infringement of contractual obligation as well
as for tort is limited to wilful misconduct and gross negligence. This
does not apply in case of death or injury of persons, in case of a
breach of essential duties,
that means duties which make the duly
realization of the agreement possible in the first place and regarding
which you may trust that they are observed and in case of damages for delay. In those cases we are liable for simple negligence as well.
b)
The limitations of liability mentioned above do also apply for
simple negligence of our agents.
c)
To the extent our liability is excluded or limited, this also
applies for the personal liabilities of our employees and agents.
d)
To the extent you do not order our products in a position as an
end-consumer but as business man/merchant, our liability is limited to
the damage or loss to be typically expected. This limitation does
neither apply to damage claims resulting from our fraudulent behaviour
nor in case of liability for quality aspects explicitly guaranteed, nor
to claims under the product liability act nor to damages caused by death
or injury of persons.
7.
Applicable law/place or jurisdiction
a)
This agreement is governed by German law. The applicability of
United Nations Conventions on Contracts for International Sale of Goods
(“CISG”) is explicitly excluded. This does not apply to the extent
specific consumer protection provisions of a country of origin of the
consumer are more favourable (Art. 29 of the Introductory Law of the
German Civil Code – “EGBGB”).
b)
To the extent both parties are business men, the exclusive place
of jurisdiction is Hamburg, Germany.
c)
In case a customer is not a business men and does not have his
place of general jurisdiction in Germany or in another member state of
the European Union the exclusive place of jurisdiction for all disputes
resulting from or in connection with this agreement is our seat of
business, Hamburg, Germany.
8.
Data protection
a)
According to secs. 28 and 33 of the German Data Protection Act of
14 January 2003 we point our that we use electronic data processing for
the distribution and the handling of this agreement. For this we
ourselves or via third parties will save your personal data to the
extent they are relevant for the handling of the agreement.
b)
Your are always entitled to claim for information, correction,
blocking and deletion of your data saved free of charge. Please contact
margitta@beadreaming.de or send your request via regular post or
telefax.
c)
We do not forward your personal data including your address and
email address to third parties without you explicit and always revocable
consent. Excluded hereof are our service partners, which need the
forwarding of the data to handle your order (e.g. the company
responsible for the delivery and the banking institute responsible for
the payment). However, in those cases the extent of the data forwarded
is limited to the necessary minimum.
9.
Statutory right of revocation
You
are entitled to revoke this declaration of intention to conclude the
contract within two weeks without stating any grounds in textual form (e.g.
via letter, telefax or email) or by return of the products. The period
begins at the earliest with the receipt of this declaration and not
prior to the receipt of the product. To comply with the term, the timely
posting of the revocation declaration or the product is sufficient. The
revocation is to be directed to Beadreaming, Suckweg 114, D-22419
Hamburg, Germany, via telefax to +49-40-532 44 42 or via email to
margitta (at) beadreaming.de.
In
case of a valid revocation any performance received is to be returned as
are benefits derived from such performance (e.g. interests). In case you
are in total or partially not able to return the performance received or
in a deteriorated condition, you have to pay compensation for value. In
case of surrender of products this does not apply if the deterioration
of the product solely results from its examination – like it would
have been possible in a regular shop. You can furthermore avoid the
obligation to compensate for value by not using the products like an
owner and by avoiding anything which impairs the value. Products which
cannot be sent as a package will be collected from you. You have to bear
the costs for the return if the product delivered is the one you ordered
and if the price of the product to be returned does not exceed the
amount of € 40.00 or if you in case of a higher price of the product
have not reciprocated or paid an instalment agreed upon at the time of
the revocation. In other cases the return of the products is free of
charge.
End
of instruction for revocation
10.
IMPORTANT NOTICES:
Please
note that parts of our products may not be handed over to unattended
children as they could lead to injuries by swallowing or by sharp edges.
The
colours of the beads shown on our website may partially differ a bit
from the original due to photo technical reasons.
Handmade
beads may on the one hand differ from the pictures shown on the website
and on the other hand single beads within your order may differ from
each other due to the respective individual manufacturing.
In
particular cases the beads may lose their colour and therefore stains on
clothes may occur.
|