General terms and conditions/Conditions of sale for the online shop

„illimite-boutique“

 

1 Scope of application

(1) These general terms and conditions of business/sales conditions (hereinafter referred to as GTC) apply to all contracts concluded between us via our online shop

 

„illimité cycling boutique“
Owner: Thomas Schorn
Henri-Dunant-Str.10
51643 Gummersbach

eMail: hey@illimite-boutique.cc 
Webseite: www.illimite-boutique.cc

and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) A consumer is a natural person who places an order for a purpose that cannot be attributed to your commercial or independent professional activity.
(3) Entrepreneur is any natural or legal person or partnership with legal capacity, which acts in exercising its commercial or independent activity when concluding the contract (§ 14 BGB). A businessman is anyone who operates a commercial business in accordance with § 1 Paragraph 1 of the German Commercial Code (HGB). For entrepreneurs and merchants, these GTC shall also apply under partly deviating conditions, which shall be pointed out separately. In the following these are referred to as "business customers".
(4) You can buy in our online shop if you are at least 16 years old.
(5) All agreements made between you and us in connection with the purchase contract result in particular from these GTC, our written order confirmation and our declaration of acceptance.
(6) The version of the terms and conditions valid at the time of conclusion of the contract is decisive.
(7) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.

2 Conclusion of contract

(1) The presentation and advertising of articles in our online shop does not constitute a binding offer on our part to conclude a sales contract.
(2) You can put the articles into the virtual shopping cart by clicking on the button "Add to cart". As soon as you decide to purchase, you can start the ordering process in the virtual shopping cart by clicking on the button "Checkout". Alternatively, you can click on the "Shopping Cart" button to display it again.
(3) After clicking on the "Proceed to checkout" button, you must fill out the "Contact Information" form truthfully and completely. You can then continue the ordering process by clicking on the button "Continue to shipping". On the next page you have the possibility to check your data and change them if necessary. If all details are correct, you will be taken to the next page by clicking on the button "Continue to payment". There you have again the possibility to change your entered data. Furthermore, you can now select your payment method (credit card or PayPal) and enter a different billing address. By clicking the button "Check order" you will get to the last page of the order process "Check order" and can check and/or change your entered data and orders again.
(4) By submitting an order via the online shop by clicking the "Buy" button, you submit a legally binding order.
(5) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail confirmation does not constitute a binding acceptance of the order, unless, in addition to confirming receipt, it also declares acceptance. You will receive this e-mail within up to three working days. If you do not receive an order confirmation or notification of delivery or no goods within 3 working days, you are no longer bound to your order. Your possibly existing right to revoke your order remains unaffected.
(6) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(7) PayPal Express Checkout
If you place your orders via PayPal Express Checkout, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing your order in the online shop, we will ask PayPal to initiate the payment transaction and thereby accept your offer.
(8) If the delivery of the goods ordered by you is not possible, for example because the respective goods are not in stock, we will refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and will refund any consideration already received without delay.

3 Payment and shipping

The details of our delivery conditions - payment and shipping - can be found here: Insert link to payment and shipping.

4 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including the statutory value added tax and do not include shipping costs.
(2) The shipping costs are stated in our price quotations (links to payment and shipping) in our online shop. The price including VAT and any shipping costs incurred are also displayed in the order form before you send the order by clicking the "Buy" button.
(3) If you effectively revoke your contractual declaration, you can demand the reimbursement of already paid costs for shipping to you (shipping costs) under the legal requirements - Revocation

5 Terms of payment

(1) Basically we offer you a choice of the following payment options:
PayPal Express, credit card (Mastercard, Visa, Amex).
(2) You have the payment option of PayPal Express. During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
(3) The payment method PayPal requires a PayPal account, in which the payment must be released. PayPal may carry out a credit check, for which the entered data of the delivery can also be used. For further details please refer to the terms and conditions of PayPal (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
(4) The payment method "credit card" requires that you are the holder of a credit card. In the order process you must then enter your credit card details when paying.

6 Retention of title

(1) The delivered goods remain our property until the purchase price has been paid in full.
(2) For business customers applies additionally:
(a) Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

(b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment. You remain authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds collected, are not in default of payment and in particular no application for the opening of insolvency proceedings has been filed or payments have been suspended.
(c) The treatment, processing or transformation of the object of sale by you shall always take place in our name and on our behalf. In this case, your expectant right to the object of purchase shall continue in the transformed object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that your item is to be regarded as the main item, it is agreed that you transfer proportional co-ownership to us and keep the sole ownership or co-ownership thus created for us.
(d) We undertake to release the securities to which we are entitled at your request if their value exceeds the claims to be secured by more than 20%.

7 Warranty

(1) The warranty rights of the customer for all goods offered in the online shop are determined by the statutory provisions.
(2) For business customers, this is different:
Warranty rights of the business customer presuppose that he has properly fulfilled his obligations to inspect and complain in accordance with § 377 HGB. Warranty claims shall become statute-barred 12 months after the transfer of risk, unless there is a case of liability according to Section 8, Paragraph 3; in this case, warranty claims shall become statute-barred according to the statutory provisions.
If, despite all the care taken, the delivered goods should have a defect which was already present at the time of the transfer of risk, we shall, subject to timely notification of defects, at our discretion either repair the goods or deliver replacement goods. We must always be given the opportunity for subsequent performance within a reasonable period. Business customers can only return defective goods by post.

8 Disclaimer

(1) We shall be liable to you in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenditure.
(2) In other cases we shall be liable - unless otherwise provided for in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

9 Copyrights/trademark rights

We have copyrights on all visual representations, such as pictures, films, texts, which are published in our online shop. A use of the visual representations, such as pictures, films and texts, is not permitted without our express consent. The registered DE word mark "illimité" belongs to the owner Thomas Schorn and may not be used as a trademark without prior written consent.

10 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a business customer and have your registered office in Germany at the time of your order, the sole place of jurisdiction is the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

11 Privacy policy

Please note our Datenschutzerklärung. 

12 Complaints/dispute settlement (The right to complain/claim for dispute settlement applies only to consumers)

The EU Commission provides a platform for out-of-court dispute resolution. This gives European consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform is available at the external link https://ec.europa.eu/consumers/odr/main/?event=main.home.show .
The competent consumer arbitration body is:
General consumer arbitration board of the Centre for Arbitration e.V., Strasburgerstr. 8, 77694 Kehl www.verbraucher-schlichter.de. However, we declare that we are neither willing nor obliged to participate in any dispute settlement proceedings. Nevertheless, we will make every effort to find an amicable solution to any differences of opinion with our customers. Should you therefore not be satisfied with one of our offers, you are welcome to contact us at hey@illimite-boutique.cc .