§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online shop APerfectWorld-Shop.com for SNOW WHITE II DELUXE products,
Managing Director: Daniel Kreibich.
Friedhofweg 8, 93092 Barbing-Sarching
Service hotline: call 0180-55 78953
(€ 0.14 / min. landline phone, mobile phone priceother mobile network charges),
(2) The goods offered in our online shop are exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business are therefore valid for all future business relations, even if they are not expressly agreed again. The inclusion of a customer's general terms of business, which contradict our general terms and conditions, is already being contradicted.
(4) The contract language is exclusively German.
(5) You can access and print the currently valid terms and conditions on the website.
§ 2 Conclusion of contract
(1) The product presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
(2) By clicking the "Order now payable" button, you make a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This acknowledgment of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods comes into existence only if we expressly declare acceptance of the purchase offer or if we send the goods to you without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs
§ 4 Terms of payment; delay
(1) The payment is alternatively: invoice in advance, cash on delivery, credit card, Paypal or direct debit.
(2) If you choose the payment method "Prepayment" we will call you our bank account in the order confirmation. The invoice amount has to be transferred to our account within 10 days after receipt of the goods.
(3) When paying by credit card the purchase price at the time of the order is reserved on your credit card ("authorization"). The actual charge of your credit card account is at the time when we send the goods to you.
(4) If you pay by direct debit, you have to bear the costs which arise as a result of a reversal of a payment transaction due to a lack of account assignment or due to the incorrectly transmitted data of the bank details.
(5) If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the basic interest rate. A reminder fee of EUR 2.50 will be charged to you for each reminder sent to you after the delay has occurred, unless a lower or higher loss is proved in the individual case.
§ 5 Offsetting / Right of Retention
(1) You are entitled to a right of set-off only if your counterclaim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.
(2) You may exercise a right of retention only if your claim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall also apply: - We retain title to the goods until the full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted. - You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which are made to you from the resale. We accept the assignment but you are authorized to collect the receivables. If you fail to meet your payment obligations properly, we reserve the right to collect claims ourselves. - In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. - We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 7 Right of revocation In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes which are predominantly neither commercial nor independent of their professional activity, you have a right of withdrawal according to the following provisions.
You have the right to revoke this agreement within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must contact us
by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.
We may refuse repayment until we have returned the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You must immediately return the goods to us or at the latest within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days.
They bear the immediate cost of returning the goods.
They shall only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and return it.
I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*) Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
End of revocation
(1) The right of revocation does not exist in the case of the delivery of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer health or hygiene shall not be suitable for repatriation if their seal has been removed after delivery or when goods have been delivered which have been mixed with other goods after delivery due to their nature.
(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging.
(3) Please call us back at the [telephone number] to return the return. This allows us to assign the products as quickly as possible.
(4) Please note that the conditions set out in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.
§ 8 Transport damages
(1) If goods are delivered with apparent transport damage, please report such faults immediately to the delivery company and please contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the statute of limitations for warranty claims for used items deviates from the statutory provisions - one year. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is permitted at first and the contractual partner may regularly rely on compliance with this (cardinal obligation) as well as for claims due to other damages which are based on an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
(3) For the rest, the legal provisions apply.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications: - For the quality of the goods only our own data and the product description of the manufacturer are binding, but not public advertisements and expressions and other advertising of the manufacturer. - You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely forwarding is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the duty to examine and to notify the customer. - In the case of defects, we make a guarantee, by way of choice, by supplementary delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. - If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract. - The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body or health of persons.
(2) The following limited liability applies: In the case of slight negligence, we shall be liable only in the event of a breach of a fundamental contractual obligation, the fulfillment of which is permissible for the proper execution of the contract and which you may regularly trust to comply with. The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of the contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.
(2) Any contracts between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UNKaufrecht").
(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising out of or in connection with contracts between us and you.