General Terms and Conditions

General Terms and Conditions with Customer Information

Person responsible according to § 55 subsection 2 RStV (Interstate Broadcasting Treaty): Jessica Sax, Eppeleinstr. 5, 92353 Postbauer-Heng, Germany

E-Mail: info@coliro.de, Tel: +49-9188-5996703, Web: www.coliro.de


 
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redemption of campaign vouchers
10. Applicable law
11. Information on online dispute resolution
 
 
1. Scope of application
 
1.1 The subsequent General Terms and Conditions (hereafter referred to as “AGB“) of “Jessica Sax“(hereafter referred to as “Seller“) shall apply to all contracts a Consumer or Trader (hereafter referred to as “Customer”) may conclude with the Seller with regard to the goods displayed by the Seller in the Seller’s online shop. Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is hereby objected to.
 
 
1.2 Regarding the purchase of vouchers, these AGB shall apply accordingly, unless expressly otherwise agreed.
 
1.3 A consumer pursuant to these AGB is any natural person concluding a legal transaction for a purpose attributable neither to a mainly commercial nor to a self-employed occupational activity.
 
1.4 A trader pursuant to these AGB is any natural or legal entity or partnership with legal capacity acting in the performance of a commercial or self-employed professional activity when concluding a legal transaction.
 
2. Conclusion of contract

2.1 The product illustrations shown in the Seller’s online shop do not represent binding offers on the part of the Seller, but serve as an invitation for the Customer to make a binding offer.
 
2.2 The Customer may submit the offer via the online order form integrated in the Seller’s online shop. Then, after the Customer has placed the selected goods into the virtual shopping cart and has run through the electronic order process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking on the button concluding the ordering process. 
 
2.3 The Seller may accept the offer of the Customer within five days,
 
- by sending to 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, in which case the Customer’s receipt of the goods is authoritative, or
  
- by requesting the Customer to pay after his placement of the order. 
 
If more than one of the above alternatives exists, the contract will come into force at the time one of the aforementioned alternatives occurs first. The period for the acceptance of the offer commences on the day following the Customer’s submission of the offer and ends with the expiry of the fifth day, which follows the dispatch 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 consequence that the Customer will no longer be bound by his declaration of intent.
 
 
2.4 When choosing the payment method "PayPal Express", the handling of payments will be done by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereafter referred to as "PayPal")under the PayPal Terms of Use, which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in case the Customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account – which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
In case the Customer chooses “PayPal Express” as payment method within the context of the online ordering process, he will simultaneously issue a payment order to PayPal by clicking on the button which completes the ordering process. For this case, the Seller hereby declares, notwithstanding the provisions of paragraph 2.3, the acceptance of the Customer’s offer at the point of time in which the Customer klicks on the button completing the ordering process and triggering the payment process.
 
 
2.5 When placing an offer using the Seller’s online order form, the contract text will be stored by the Seller and sent to the Customer, along with the present terms and conditions, after the latter has sent his order in writing (e.g. e-mail, fax or letter). In addition, the contract text will be archived on the Seller’s website and can be retrieved free of charge by the Customer using his password-protected customer account and indicating the respective login data, provided the Customer has created a customer account in the Seller’s online shop prior to sending his order.
 
 
2.6 Before placing the order using 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 aid of which the display on the screen will be enlarged. As part of the electronic ordering process, the Customer can correct his input via the usual keyboard and mouse functions prior to clicking on the button that concludes the ordering process. Furthermore, prior to sending the binding order, all inputs will be displayed in a confirmation window and can be corrected by using the usual keyboard and mouse functions.
  
2.7 The contract will be exclusively concluded in German language.
 
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for the processing of the order is correct, so that the e-mails sent by the Seller can be received at this address. In particular when SPAM filters are used, the Customer must ensure that all e-mails sent by the Seller, or by third parties commissioned with the order processing, can be delivered.
 
3. Right of withdrawal
 
3.1 Consumers are generally entitled to the right of withdrawal. 
 
3.2 Further information on the right of withdrawal result from the Seller’s instructions on the right of withdrawal.
 
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are no citizens of any member state of the European Union and whose sole place of residence and delivery address, at the time of contract conclusion, is outside the European Union. 
 
4. Prices and payment conditions
 
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices which include the legal value added tax. If required, additional delivery and shipping costs will be specified separately in the respective product description.
 
4.2 For deliveries to countries outside the European Union, additional costs, for which the Seller is not responsible and which are to be borne by the Customer, may be incurred in individual cases. These costs 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 money transfer, 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 can choose between various payment options indicated in the online shop of the Seller.
 
4.4 If advance payment by bank transfer is agreed, the payment will be due immediately upon conclusion of the contract, unless otherwise agreed by the parties.
 
4.5 When choosing the payment method "PayPal", the handling of payments will be done by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, which can be viewed under
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies, inter alia, that the Customer will open a PayPal account or already has such an account.
 
4.6 When choosing the payment method „PayPal debit", PayPal will withdraw the invoiced amount from the Customer’s bank account after a SEPA Direct Debit Mandate has been issued, however not before expiry of the deadline for the Pre-Notification on behalf of the Seller. “Pre-Notification” means each message (e.g. invoice, police, contract) sent to the Customer and announcing a debit by means of SEPA Direct Debit. If the direct debit is not redeemed, due to insufficient account coverage or due to the indication of a wrong bank account or if the Customer contradicts the direct debiting, although he is not entitled to do so, the Customer, if responsible for this, has to bear the chargeback fees of the respective credit institute.
 
 
5. Delivery and shipping conditions
 
5.1 Delivery of the goods will occur regularly on the dispatch route to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller’s order processing shall be relevant. By way of derogation, when choosing the payment method “PayPal”, the delivery address indicated by the Customer and deposited with PayPal at the time of payment shall be relevant.  
 
 
5.2 If the transport company sends the goods back to the Seller, because the delivery to the Customer was impossible, the Customer shall bear the cost for the unsuccessful shipping. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the Seller announced the shipping a reasonable time in advance. Furthermore, it does not apply to the cost for the shipping to the Customer, if the latter effectively exercises his right of withdrawal. For the cost of return delivery, the regulations laid down in the instructions on the Customer’s right of withdrawal shall apply in case of the effective execution of the right of withdrawal by the Customer.
 
 
5.3 For logistical reasons, collection by the Customer is impossible.
 
5.4 Vouchers will be submitted to the Customer as follows:
 
by e-mail
per download
by mail
 
 
6. Retention of title
 
If the Seller pays in advance, he will retain the ownership of the goods delivered until full payment of the owed purchase price has been made.
 
 
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 notify the deliverer of delivered goods showing obvious transport damages and to inform the Seller thereof. If the Customer does not comply, this will have no effect on his statutory or contractual claims for defects.
 
 
8. Redemption of gift vouchers
 
8.1 Vouchers that can be bought via the Seller’s shop (hereafter referred to as “Gift Vouchers“, can only be redeemed in the online shop of the Seller.
 
8.2 Gift Vouchers and residual balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Residual balances will be credited to the Customer’s Voucher account before the expiry date.
 
8.3 Gift Vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
 
8.4 Only one Gift Voucher can be redeemed per order.
 
8.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of other Gift Vouchers.
 
8.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the remaining payment methods offered by the Seller can be selected to pay the difference.
 
8.7 The Gift Voucher credit will not be redeemed in cash and is not subject to any interest.
 
8.8 The Gift Voucher is transferable. The Seller may render performance 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 non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
 
9. Redemption of Campaign Vouchers
 
9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Customer (hereinafter referred to as “Campaign Vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
 
 
9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the Campaign Voucher.
 
9.3 Campaign Vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
 
9.4 Only one Campaign Voucher can be redeemed per order.
 
9.5 The goods value should meet at least the amount of the Campaign Voucher. The Seller will not refund remaining assets.
 
9.6 If the value of the Campaign Voucher is not sufficient to cover the order, one of the remaining payment methods offered by the Seller can be selected to pay the difference.
 
9.7 The Campaign Voucher credit will not be redeemed in cash and is not subject to any interest.
 
9.8 The campaign voucher will not be redeemed, if the Customer, in the context of his legal right of withdrawal, returns the goods fully or partially paid by the Campaign Voucher.
 
 
9.9 The Campaign Voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the Campaign Voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.  
 
10. Applicable law
 
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of such country, in which the consumer has his habitual residence.
 
 
10.2 Furthermore, this choice of law regarding the right of withdrawal does not apply to consumers, who are not nationals of a member state of the European Union at the time of contract conclusion and whose exclusive domicile and delivery address is located outside of the European Union at the time of contract conclusion.
 
 
11. Information on online dispute resolution
On its website the EU Commission provides the following link to the Online Dispute Resolution platform: https://ec.europa.eu/odr
 
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
 
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
 
 

Disclaimer:

In its judgement of May 12, 1998 - 312 O 85/98 – “Liability for Links” the Regional Court of Hamburg decided that the addition of a link may result in the liability for the contents of the linked pages. This can only be avoided by explicitly distancing oneself from such contents. We hereby distance ourselves explicitly from all contents of all linked pages on our homepage and do not embrace any of their contents.

Despite careful control of the contents, we do not assume any liability for the contents of third-party links. The contents of the linked pages are the exclusive responsibility of their operators. Liability claims against Jessica Sax, which refer to damages of material or immaterial nature caused by the use or non-use of the information provided or by faulty and incomplete information, are generally excluded, unless either deliberate or gross negligence on the part of the company can be proven. The company expressly reserves the right to change, amend and delete parts of the page or of the entire offer or to stop their publication, without prior notice.

Copyright:

The company aims to observe the copyright in all publications. However, should an infringement of copyright occur, the object in question shall either be removed upon notification or marked with the respective copyright sign. All brands and trademarks mentioned within the Internet offer and, as the case may be, protected by third parties, are subject without restrictions to the clauses of the applicable trademark law and the titles of the particular registered owners. The sole fact of being mentioned does not allow the conclusion that trademarks are not protected by third-party rights.

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