Conditions
GENERAL TERMS AND CONDITIONS
§1 Scope(1) These general terms and conditions, hereinafter referred to as GTC, apply to all contracts concluded via the online shop www.glavara.com between the seller, Leman Suna Männchen, Kettengasse 3, 50672 Cologne, and the buyer in their Version valid at the time of the order.
(2) Deviating general terms and conditions of the buyer are not recognized unless the seller expressly agrees to their validity.
(3) The buyer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§2 Registration as a user, creation of a customer account "Account"(1) The buyer's registration as a user of the seller's trading system is free of charge. There is no entitlement to admission to the seller's trading system. Only a person of legal age is eligible. At the request of the seller, the buyer must send a copy of the identity card. In order to be admitted, the buyer electronically fills in the registration form available on the website and sends it in the electronically provided manner. The data required for registration must be given completely and truthfully. When registering, the buyer selects a personal username and password. The user name must not infringe the rights of third parties, other rights to names or trademarks, or offend common decency. The buyer is obliged to keep the password secret and under no circumstances communicate it to third parties.
(2) Apart from the declaration of consent to the validity of these GTC, registration is not associated with any obligations. The customer account, so-called account, can be terminated and deleted at any time. For this purpose, a corresponding request for deletion must be sent to the seller by e-mail to glavaraofficial@gmail.com or by telephone to +49 152038127.
(3) Simply registering a customer account with the seller does not entail any purchase obligation with regard to the goods offered.
(4) If personal information changes, the buyer is responsible for updating it. All changes can be made online after logging in under "My Account".
§3 Conclusion of contract(1) The presentation of the goods does not constitute a binding offer by the seller to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on the corresponding button, the so-called button, labeled "Order with obligation to pay", the buyer places a legally binding order. If this offer is accepted, the seller sends the buyer an order confirmation by e-mail.
(3) If no copies of the product selected by the buyer are available at the time the buyer places the order, the seller will inform the buyer of this immediately in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. A contract does not come about in this case.
(4) The goods offered in the shop are only sold to consumers and entrepreneurs as end consumers. The commercial resale of goods is not permitted. The seller reserves the right not to accept contract offers that appear to be made for the purpose of commercial resale of the goods.
§4 Prices, packaging and shipping, partial deliveries(1) All prices are basically the prices stated in the shopping cart on the seller's website at the time of the order. Different prices that may be displayed on pages that are loaded from caches (e.g. browser caches, proxies) are not current and invalid. The shopping cart cannot be cached. The seller reserves the right to correct prices due to typographical errors or calculation errors. Unless otherwise expressly agreed in writing, the prices are ex shipping location including packaging and excluding shipping costs.
(2) Packaging becomes the property of the buyer and is included in the purchase price. The disposal of the packaging material is the responsibility of the customer.
(3) Shipping costs depend on the shipping method, the payment method and the shipping destination. They are shown on the order page before an online order is placed or are mentioned when orders are placed by telephone and are shown separately on the invoice. The choice of shipping method is made by the seller to the best of his or her discretion.
(4) In the case of partial deliveries that are initiated or offered by the seller, subsequent deliveries are free of shipping costs. If the buyer wishes to split the delivery, the shipping costs for each partial delivery will also be charged.
§5 Delivery times(1) The delivery period is 3 to 8 (in words: three to eight) working days for national transport within the Federal Republic of Germany, unless otherwise agreed. It begins - subject to the provision in paragraph 2 - with the conclusion of the contract, i.e. with the confirmation of the order by e-mail as described in § 3 paragraph 2 of these General Terms and Conditions.
(2) The delivery period is a maximum of 14 (in words: fourteen) working days for international transport within the European Union, unless otherwise agreed.
(3) In the case of orders from customers who have their place of residence or place of business abroad or if there are justified indications of a risk of non-payment, the seller reserves the right to only deliver after receipt of the purchase price plus shipping costs, insofar as these have not been waived (reservation of advance payment). If the seller makes use of the advance payment reservation, she will inform the buyer immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§6 Terms of payment(1) Unless otherwise agreed, the purchase price plus the shipping costs as listed in the invoice is due immediately without deduction.
(2) The buyer can choose from various payment methods, which are offered depending on the order amount, the delivery method and the shipping destination. The various options are available in the shopping cart.
(3) Costs incurred as a result of a payment transaction being reversed due to insufficient funds or due to incorrect data being transmitted by the buyer will be charged to the buyer.
(4) If consumers are in default of payment, the seller is entitled to charge interest on arrears at a rate of 5 (in words: five) percentage points above the applicable base interest rate in accordance with Section 288 (1) BGB. In the event of default in payment by entrepreneurs, the seller is entitled to charge default interest of 9 (in words: nine) percentage points above the base interest rate in accordance with Section 288 (2) BGB.
(5) The buyer is not entitled to offset against the seller's claims unless the buyer's counterclaims have been legally established or are undisputed.
§7 Retention of titleThe goods remain the property of the seller until full payment has been made.
§8 Withdrawal(1) If the buyer is more than 14 days in arrears with payment, the seller has the right to withdraw from the contract and reclaim the goods
(2) If there is a significant deterioration in the buyer's financial situation, which gives rise to doubts as to his solvency, the seller is entitled to withdraw from the contract or to withhold the deliveries and services and to give the buyer a reasonable period of time for making advance payments or to post collateral. After this period has expired, the seller is entitled to withdraw from the contract.
(3) The buyer has the right to withdraw from the purchase at any time up to the moment the goods are handed over to the carrier. A reason for the resignation is not required.
§9 Warranty(1) The seller is liable for defects in quality or title in the delivered items 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. This period is one year for used items.
(2) In relation to entrepreneurs, the warranty period for items delivered by the seller is 12 months.
§10 Liability(1) The seller is liable to the buyer 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, the seller is 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 the observance of which the buyer can regularly rely (cardinal obligation) limited to compensation for foreseeable and typical damage. In all other cases, the seller's liability is excluded, subject to the provision in paragraph 3.
(3) The seller's liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) Given the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of its online trading system.
§11 Assignability of claimsThe buyer is not entitled to assign his claims from the contract without the consent of the seller.
§12 Consumer information according to Regulation (EU) No. 524/2013In the event of disputes with the seller in connection with online purchase contracts or online service contracts, it is possible to use the EU Commission's online dispute resolution platform to settle the dispute. The platform is at
www.ec.europa.eu/consumers/odr
to reach.
The email address is glavaraoffical@gmail.com
§13 Dispute settlement procedure before a consumer arbitration board, § 36 VSBG general information obligationThe seller is voluntarily willing to participate in dispute settlement proceedings before a consumer arbitration board within the meaning of the VSBG. The competent consumer arbitration board before which the seller will participate in a dispute settlement procedure is:
The universal arbitration board (formerly the General Consumer Arbitration Board) of the Center for Arbitration e.V.
Strassburger Str.8
77694 Kehl
Phone +49 7851 79579 40
Fax +49 7851 79579 41
Internet wwwverbraucher-schlichter.de
Email: mail@universalschlichtungsstelle.de
This arbitration board is a "general consumer arbitration board" according to § 4 paragraph 2 sentence 2 VSBG.
§14 Privacy Policy(1) The seller collects and processes data. This takes place within the framework of the statutory data protection laws and data protection regulations.
(2) Which data the provider processes how and for what purpose can be found in the data protection declaration, which can be viewed at www.glavara.com/datenschutz.
§15 Final Provisions(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the buyer as a consumer has his habitual residence, remain unaffected.
(2) Changes or additions to these terms and conditions must be in writing. This also applies to the cancellation of this written form requirement.
(3) If a provision of this contract is or becomes invalid, the validity of the rest of the contract shall not be affected. In place of the ineffective provision, a regulation shall come into effect that comes as close as possible to the will of the parties within the scope of what is legally possible. The same applies in the event of a loophole.
(4) The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts that are subject to these GTC is Cologne.
Leman Suna male, Kettengasse 3, 50672 Cologne
As of January 2022
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