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TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

 

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Redemption of action vouchers
9. Applicable law
10. Jurisdiction
11. Information on Online Dispute Resolution

1. Scope

1.1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of “Colors & Sons GmbH” (hereinafter “Seller”) apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in Shop presents goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

1.3. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The product presentations contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2. The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.

2.3. The seller can accept the offer of the customer within five days,

×    by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or

×    by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

×    by asking the customer for payment after submitting his order.

If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4. If you choose the “Amazon Payments” payment method, payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (“Amazon”), subject to the Amazon Payments Europe User Agreement, available at https: // payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.

2.5. When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the contract text is archived on the seller’s website and can be retrieved by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.

2.6. Before the order is placed on the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order in the context of the electronic ordering process continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

2.7. For the conclusion of the contract, only the German language is available.

2.8. The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3. Right of withdrawal

3.1. Consumers are in principle entitled to a right of withdrawal.

3.2. Further information on the right of revocation result from the cancellation policy of the seller.

3.3. The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4. Prices and terms of payment

4.1. Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3. The customer has various payment options available, which are indicated in the online shop of the seller.

4.4. If prepayment is agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.

4.5. If you select the payment method “PayPal”, the payment is processed via the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragree… This sets i.a. that the customer opens or already has a PayPal account.

5. Delivery and shipping conditions

5.1. The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase transaction of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.

5.2. If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This shall not apply if he is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller had informed him of the service a reasonable time in advance.

5.3. Pickup is not possible for logistical reasons.

5.4. Vouchers are given to the customer as follows:

×   by email

×   via download

×   postal

6. Retention of title

If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7. Liability for defects

7.1. If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2. The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8. Redemption of action vouchers

8.1. Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the seller’s online shop and only during the specified period.

8.2. Action vouchers can only be redeemed by consumers.

8.3. Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

8.4. Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.5. Only one action coupon can be redeemed per order.

8.6. The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.

8.7. If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

8.8. The balance of an action voucher is neither paid in cash nor interest.

8.9. The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher within the scope of his statutory right of withdrawal.

8.10. The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

9. Applicable law

9.1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing 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.

9.2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

10. Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.

11. Information on Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

 

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