Conditions
§ 1 Scope
(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the Giusy Lamattina company, and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on the button "Order with obligation to pay" you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; Your existing right to cancel your order remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order with a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad if they have a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Terms of delivery and reservation of payment in advance
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately five working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers who live or have their place of business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation to prepayment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 4 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs is also displayed in the order form before you send the order.
(3) If we fulfill your order with partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery. (4) If you revoke your contractual declaration effectively, you can, subject to the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs). § 5 Terms of payment and offsetting and right of retention (1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest. (2) You can only pay the purchase price and shipping costs using the payment options we offer. (3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract. (4) As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract. § 6 retention of title The delivered goods remain our property until the purchase price has been paid in full. § 7 Warranty (1) We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. (2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall come into effect in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees result from the warranty conditions that may accompany the items. § 8 Liability (1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses. (2) In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on compliance with which you as a customer may regularly trust (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. (3) Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability. § 9 Copyright We have the copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent. § 10 Applicable law and place of jurisdiction (1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you placed the order as a consumer and at the time of your order your usual place of residence is in another country, the application remains mandatory legal provisions of this country are not affected by the choice of law made in sentence 1. (2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions apply to local and international jurisdiction.