I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (MissPompadour GmbH) via the www. misspompadour. de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and are not a binding offer to conclude a contract.
(2) You can submit a binding offer to purchase (order) via the online shopping basket system. In doing so, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use the instant payment system "PayPal - Express" by clicking on the corresponding button integrated in the shop system, you will be redirected to the PayPal log-in page. After successful login, your address and account data stored at PayPal will be displayed. Before submitting the order, you have the option of checking all the details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase. By submitting the order via the "order subject to payment" button, you are submitting a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e. g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e. g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as we create texts, images, graphics and designs for you within the scope of individual design, these are subject to copyright.
The use, reproduction or modification of individual parts or complete contents is not permitted without our express consent.
Unless otherwise agreed, we transfer to you the right to use the copyrighted works created for you for an unlimited period of time. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
§ 4 Special agreements on payment methods offered
(1) SEPA Direct Debit (Basic and/or Company Direct Debit)
When paying by SEPA core direct debit or by SEPA company direct debit, you authorise us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. We will provide you with the forms for issuing the SEPA mandate on our website or by e-mail immediately after conclusion of the contract at the latest. You are obliged to send us the mandate to be issued by you in writing with your signature within 5 days after conclusion of the contract.
The direct debit will be collected within 10 days for deliveries in Germany and within 10 days for deliveries abroad after conclusion of the contract.
The period for sending the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in your account on the due date. In the event of a return debit note due to your fault, you must bear the bank charges incurred.
We reserve the right to exclude the payment methods SEPA Core Direct Debit and/or SEPA Business-to-Business Direct Debit in individual cases.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: the payment period is 14 days (Germany and Austria) or 30 days (Switzerland) from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany, Austria, Switzerland
- Payment by instalments : With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the terms and conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on payment by instalments, including terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated).
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
- Direct debit: Available in Germany and Austria. The debit will be made after the goods have been dispatched. You will be informed of the date by e-mail.
- Credit card (Visa/Mastercard): Available in Germany and Austria. Debit will be made after dispatch of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory provision. The one-year warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful intent or fraudulent intent on the part of the supplier, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
§ 7 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) Insofar as essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply
II. customer information
1. Identity of the sellerMissPompadour GmbH
At the Reitfeld 10
Phone: +49 941 206 068 20
E-mail: kontakt@misspompadour. de
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec. europa. eu/odr.
2. Information on the conclusion of the contractThe technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I. ).
3. Contract language, contract text storage3. 1) The contract language is German.
3. the complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.
3. in the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically. 1 .
4. Codes of conduct4. we have subjected ourselves to the Buyer Seal Quality Criteria of Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: http: //www. haendlerbund. de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien. pdf and http://www. ecommerce-europe. eu/website/trustmark/code-of-conduct/haendlerbund
5. Essential characteristics of the goods or servicesThe essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website. 1.
6. Prices and payment terms6. the prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 2.
6. the shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description
they are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been agreed. 3.