Conditions
1. Scope and Provider
1.1
These general terms and conditions apply to all orders that you place in the online shop of "baetulī", address: Neuffenstraße 8 in 73257 Köngen, managing director: Hagar Rieger.
1.2
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
1.3
Contract language is exclusively German.
2. Conclusion of contract
2.1
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2.2
By clicking the "Buy Now" button, you are submitting a binding purchase offer (§ 145 BGB).
2.3
After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.
2.4
A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you - without a prior express declaration of acceptance.
3. Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs.
4. Terms of payment; default
4.1
We generally accept the following payment methods:
in advance,
by direct debit,
by credit card or
via Paypal.
4.2
We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only prepayment to protect our credit risk.
4.3
If you select the payment method prepayment on account, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the goods.
4.4
If paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually debited when we send the goods to you.
4.5
When paying by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.
5. Offsetting and Right of Retention
5.1
You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.
5.2
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery; retention of title
6.1
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.
6.2
As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
6.3
The goods remain our property until the purchase price has been paid in full.
6.4
The delivery is made by one of the following service providers: DHL, GPS, DPD or Hermes.
7. Cancellation policy
7.1
You have a right of withdrawal in accordance with the following provisions:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us, "baetulī" (owner Hagar Rieger, Neuffenstr. 8, 73257 Köngen, hagar@baetuli.com) a clear statement (e.g. a letter sent by post, fax or E -Mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.
At
baetulī, owner Hagar Rieger
Neuffenstr. 8th
73257 Koengen
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods: ............................ ....
Ordered on ................/received on ..................
Name of consumer(s): ......................................
Address of the consumer(s):........................................ ..................................................
Signature of consumer(s) (only if notification is on paper)
Date: ...................
End of revocation
7.2
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) or in the case of delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
7.3
Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
7.4
Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
8. Voluntary Return Guarantee
8.1
For all goods that you have ordered from us, we grant you a voluntary return guarantee of a total of 30 days from receipt of the goods in addition to the statutory right of withdrawal (section 7). You can withdraw from the contract by returning the goods to us within 30 days of receipt (the period begins on the day after receipt of the goods), provided that the goods are complete and in their original packaging and are in unused and undamaged condition. Timely dispatch is sufficient to meet the deadline.
8.2
The goods are to be returned to:
baetulī, owner Hagar Rieger
Neuffenstr. 8th
73257 Koengen
8.3
This contractually granted voluntary return guarantee does not affect your statutory rights and claims. In particular, your statutory right of withdrawal and your statutory warranty rights remain unrestricted.
9) Liability for Defects (Warranty)
9.1
If the purchased item is defective, the statutory liability for defects applies.
9.2
Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply
for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
9.3
If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
10. Final Provisions
10.1
Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.
10.2
You agree that we will only communicate with you via email. This applies in particular to invoices and credit notes.
10.3
German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").