General Terms and Conditions of the Onlineshop
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the onlineshop “Miss Overdose” with the domain “http://www.miss-overdose-shop.com” is: Anna Carina Jahns, Alt-Tempelhof 7, 12099 Berlin, Germany, phone 0049-(0)177-3195591, e-mail firstname.lastname@example.org (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The offering of products displayed on the website do not state a legally binding offer by the Vendor but rather the invitation to the customer to make an offer for the conclusion of a contract.
(2) By submitting your order you offer the conclusion of the contract regarding the products in your cart. The Vendor confirms your order via e-Mail. Once you receive this e-Mail the contract is concluded.
(3) The selection of products, conclusion of contract and implementation of the agreement shall all take place in German. The provided english Terms are only a service to Customers.
(4) The Vendor delivers the products to destinations worldwide.
(5) Customers shall select the merchandise desired by placing it in their shopping cart by clicking on the button “ADD TO CART” and continuing his purchases or by finishing to select the merchandise by clicking the button “CHECK OUT NOW”. The order will be conclusively placed with the Vendor by clicking on the button “BUY NOW”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(6) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. In addition, the customer is not granted access to the contract text.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. VAT is included.
(2) The shipping costs are listed in the respective product description and are usually € 5.00 for shipping within Germany and € 15.00 worldwide.
(3) Where deliveries are made to countries outside the European Union, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) The Vendor offers the following payment options at the customer’s choice: Credit Card (VISA, MasterCard and AMEX). Further payment options are provided by PayPal and Klarna: For these types of payment the customer will be redirected to an external website of the chosen payment service. The customer may then enter his access data and log into his or her account.
(5) A credit card or bank account is required to pay the purchase price via PayPal. The customer agrees that when ordering from abroad, PayPal’s exchange rates (Foreign Currency to Euro (€)) apply. The Vendor has no influence on these rates. The general terms and condition of PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxemburg, apply. They are available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
(6) In cooperation with the service provider Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, the payment methods instant bank transfer, credit card, direct debit and hire purchase are offered. Klarna's general terms and conditions apply, available at www.klarna.com/de/agb. Please not that some of these payment methods might not be available in your country of purchase.
(7) The purchase price is due upon contract conclusion.
Section 4 – Shipment, delivery periods
(1) Details for delivery periods are given on the respective site of the Vendors website. Delivery of goods is regularly fulfilled after full payment. Differing shipment-dates are outlined on the website.
(2) Delivery of goods is regularly fulfilled after full payment.
(3) For deliveries to destinations outside Germany, a period of 2-9 business days, depending on the destination, has to be added to the respective domestic delivery time.
(4) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
(5) We may execute the shipment of your order in parts as long as your interest is not affected unacceptably. We will bear the additional shipment costs.
(6) Collection of the goods at the Vendors place is not possible.
(7) Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised programme rescheduling the works to minimise the effects of the prevention or delay caused by the event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(8) In the event that a third party (supplier) does not deliver the ordered goods to the Vendor, the Vendor has the right to withdraw from the contract. The customer will be informed immediately. Any purchase prices paid will be refunded. The reservation of self-supply applies to consumers only in the event that a congruent hedging transaction has been concluded with the supplier and the Vendor is not responsible for any incorrect or non-delivery.
Section 5 – Right of withdrawal for consumers
Consumers have a legal right of withdrawal
Consumers have a legal right of withdrawal according to the following provisions. A consumer is every person that executes a legal transaction with a purpose that cannot be attributed to his/her commercial nor self-employed professional occupation.
Right of withdrawal
(1) As a consumer you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from
the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
respectively, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, the day which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good;
respectively, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces, the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
(2) To exercise the right of withdrawal, you must inform me
Anna Carina Jahns, Alt-Tempelhof 7, 12099 Berlin, Germany, phone 0049-(0)177-3195591, e-mail email@example.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(3) Withdrawal form
Anna Carina Jahns, Alt-Tempelhof 7, 12099 Berlin, Germany, e-mail firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/
received on (*),
Name of consumer(s),
Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) strike out if inappropriate
(4) Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from a usage other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information about rights of withdrawalA right of withdrawal does not exist in particular for the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
Section 6 – Warranty
(1) Towards consumers the legal regulations for warranty apply. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of defects occurring within the legal term of warranty, you have the right to receive supplementary delivery (your choice: repair of the defect or delivery of a new product) and – if the respective requirements are met – the right of reduction or withdrawal as well as reimbursement for damages. Should the chosen way of supplementary performance cause disproportional costs, you are only entitled to the respective other way of supplementary performance. After the unsuccessful second attempt, supplementary performance is deemed to have failed, unless the nature of the item or the defect or the other circumstances in particular do not indicate otherwise. In the event of a failed subsequent performance, you are entitled to withdraw from the contract. In case of withdrawal from the contract you are obliged to the complete return of the goods.
(2) Towards entrepreneurs the warranty regulations described above also apply but with the condition that liability for defects or other claims for damages shall lapse one year after the purchased items have been handed over / delivered. Excluded from this restriction are claims to damages due to injury of life, limb and health and/or claims for damages due to gross negligence or intentional damage caused by us; the legal statutes of limitation shall apply insofar. The duty to examine goods and requirement to give notice of defects shall remain unaffected.
(3) The Vendor does not warrant certain features of the products unless the warranty is expressively stated.
(4) The Vendor does not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorized service provider.
(5) The Vendor excludes liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act are affected. The same exclusion applies to breaches of duty by our vicarious agents. In case of damage caused in any other way we as well as our agents shall be liable in case of intent and gross negligence according to legal regulations. The same applies to negligently caused damages arising from injury to life, body or health. In negligently caused property damage and financial loss we and our agents shall be liable only for breach of an essential contractual obligation, however, limited to the amount foreseeable at the conclusion of the contract and the typical contractual damage. Material contractual obligations are those whose performance impressed the contract and which the customer may trust.
(6) The depiction of the products shown on the Website may slightly differ from the original because of different reasons (monitor settings, the quality of graphics card etc.). Such minor deviations do not justify any warranty claims.
(7) Please note: A withdrawal is not possible if the products cannot in contrary to your idea be used by you because of the size or color. This is not a defect of the product. Before you therefore order the items, please note the specified dimensions. However, the right of withdrawal is not affected by this.
Section 7 – Data Protection Policy
(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with same. The collected data consists of the customer`s name, address, e-mail-address and his company information that you specify. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transferred to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
Section 8 - Reservation of proprietary rights
Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).
Section 9 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Berlin (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) The European Commission is providing a platform regarding online dispute resolution: http//ec.europa.eu/consumers/odr.
(5) In case of any inconsistency between the German version of above provisions and their English translation the German version shall prevail.