General terms of business and customer information
I. General terms of business
§1 basic regulations
(1) The following terms of business are valid for all contracts which you close with us as supplier (Evgenia Wägner) about the Internet site www.nailcreator.de. Untill differently agrees, it is contradicted the inclusion if necessary by you of used own conditions.
(2) Consumer for the purposes of the following regulations is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser is every natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her independent professional or commercial activity.
§2 realisation of the contract
(1) The object of the contract is the sales of goods.
Our product representations on the Internet are non-binding and no obliging offer for the end of a contract.
(2) They can deliver an obliging purchase offer (order) about the on-line goods basket system.
Besides, the goods deliberate for the purchase are filed in the "goods basket". About the suitable button in the navigation bar you can call the "goods basket" and carry out changes there any time. After calls of the side "cash" and the input of the personal data as well as the payment and dispatch terms all order data on the order overview side are indicated finally again.
As far as you use the immediate number system „PayPal – express train“ by clicking the button integrated in the shop system "PayPal express train", you are passed on on the log in side by PayPal. After successful registration your address data deposited with PayPal and account data are indicated. About the button "further" you are escorted back in our on-line shop on the order overview side.
Before sending the order you have the possibility to check again here all information to change (to break off also about the function "back" of the Internet browser) or the purchase.
With sending the order about the button "shop" you deliver an obliging offer to us.
(3) The acceptance of the offer (and with it the completion of the contract) immediately occurs after order through confirmation in text form (e.g., e-mail), in which to you the implementation of the order or delivery of the product is confirmed (confirmation of order). Should you have received no suitable news, you are not bound any more to your order. In this case if necessary already produced achievements are immediately refunded.
(4) The winding up of the order and transmission of all information necessary in connection with the contract end occurs by e-mail partly automated. Therefore, they have to make sure that from you with us deposited e-mail address is appropriate, the receipt of e-mails is technically guaranteed and is prevented in particular not by SPAM filter.
§3 retention right, retention of title
(1) You can use a retention right only, as far as it concerns demands from the same contractual relationship.
(2) The product remains up to the entire payment of the purchase price our property.
(3) If you are enterprisers, is valid in addition the following:
a) We reserve ourselves the property in the product up to the entire balance of all demands from the running business connection. Before crossing of the property in the reservation product a Verpfändung or security conveyance is not allowed.
b) They can resell the product in the well-arranged trend of affairs. Now for this case you already resign all demands by height of the invoice amount which arise to you from the resale, to ourselves, we accept the cession. They are further authorised for the collection of the demand. As far as you follow to your bills of debt not properly, however, we reserve ourselves to draw the demand independently.
c) We acquire from connection and mixture of the reservation product joint ownership in the new thing comparatively of the calculation value of the reservation product to the other processed objects at the time of the processing.
d) We commit ourselves, which to release in this respect us to being entitled securities at your desire when the realizable value of our securities exceeds the demand to be protected about more than 10%. The choice of the securities to be released is incumbent upon us.
(1) The legal regulations are valid it.
(2) So far you are enterprisers, is valid deviating from Abs.1:
a) Nevertheless, as a state of the product only our own information and the product description of the manufacturer as agreed, is valid not other advertisement, public recommendings and statements of the manufacturer.
b) They are obliged to examine the product immediately and with the compulsory care for high-class divergences and amount divergences and to indicate in writing us evident defects within 7 days from receipt of the product, for the term protection reaches the timely sending. This is also valid for later ascertained concealed defects from discovery. By injury of the investigation and rebuke duty the assertion of the guarantee claims is excluded.
c) With defects we provide after our choice guarantee by finishing touches or spare delivery. If the lack removal misses twice, you can require for your choice decrease or withdraw from the contract. In case of the finishing touches we must not bear the raised costs which originate from the disposal of the product to another place than the place of fulfilment, provided that the disposal does not correspond to the designated use of the product.
d) The guarantee term amounts a year from delivery of the product. The shortened guarantee term is not valid for us added culpably caused damages from the injury of the life, the body or the health and roughly negligently or deliberately caused damages or guile, as well as with resort claims according to §§478, 479 Civil Code.
(1) We stick in each case without limitation for damages from the injury of the life, the body or the health, in all cases of the intention and coarse carelessness, with cunning concealment of a lack, by takeover of the guarantee for the state of the purchase object, with damages according to the product liability law and in all other legally regulated cases.
(2) Provided that essential contract duties are concerned, our liability is limited with light carelessness to the predictable damage typical for contract. Essential contract duties are essential duties which arise from the nature of the contract and their injury would endanger the reaching of the contract purpose as well as duties which the contract imposes on us after his contents for the reaching of the contract purpose whose fulfilment the proper realisation of the contract may make generally only possibly and trust regularly in their observance you.
(3) By the injury of inessential contract duties the liability is excluded by slightly careless duty injuries.
(4) The data communication on the Internet can be guaranteed according to the present state of the technology not perfectly and/or any time available. We stick in this respect neither for the constant nor uninterrupted availability of the web page and the service offered there.
§6 legal choice, place of fulfilment, legal venue
(1) It is worth German right. With consumers this legal choice is valid only, as far as through this by compelling regulations of the right of the state of the usual stay of the consumer lasted protection is not taken away (Günstigkeitsprinzip).
(2) Place of fulfilment for all achievements from the business relations existing with us as well as legal venue is our seat, as far as you are not consumers, but businessman, legal entity of the public right or public law special property. The same is valid if you have no general legal venue in Germany or the EU or the residence or usual stay is not known at the time of the complaint elevation. The competence to go also to the court in another legal legal venue remains untouched from this.
(3) The regulations of the UN-purchase right expressly find no use.
II. Customer information
1. Identity of the shop assistant
Phone: 0201 45866616
2. Information about the realisation of the contract
The technical steps to the contract end, the contract end and the correction possibilities occur in accordance with §2 of our general terms of business (part I.).
3. Kontractlanguage , contract text storage
3.1Kontractlanguage is German.
3.2. The entire contract text is not stored by us. Before sending the order about the on-line - goods basket system the contract data about the pressure function of the browser can be printed out or be protected electronically. After access of the order with us the order data, the legally prescribed information are sent with distant sales contracts and the general terms of business again by e-mail to you.
4. Essential signs of the product or service
5. Prices and methods of payment
5.1. The prices cited in the respective offers as well as the forwarding expenses show whole prices. They contain all prize components including all attacking taxes.
5.2. The attacking forwarding expenses are not included in the purchase price. They are callable about an accordingly called button on our Internet presence, are expelled in the course of the order process separately and are from you in addition to carry, untill the delivery free of forwarding expenses is promised.
5.3. The payment kinds available to you are expelled under an accordingly called button on our Internet presence or in the respective article description.
5.4. So far with the single payment kinds differently given, the payment claims from the closed contract are not due immediately to the payment.
6. Terms of delivery
6.1. The terms of delivery, the date of delivery as well as if necessary existing restrictions of delivery are found under an accordingly called button on our Internet presence or in the respective article description.
6.2. So far you consumer are is regulated legally that the danger of the accidental setting and the accidental deterioration of the sold thing goes over during the sending only in the handing over of the product to you, no matter whether the sending assures or occurs uninsured. This is not valid if you have instructed independently a transportation company not named by the enterpriser or, otherwise, for the implementation of the sending certain person.
If you are enterprisers, the delivery and sending on your danger occurs.
7. Legal liability for defects right for goods
7.1. The liability for defects for our goods is directed after the regulation "guarantee" in our general terms of business (part I).
7.2. As a consumer you are asked to check the product by delivery immediately for completeness, evident defects and damages in transit and to inform us as well as the forwarding agent of objections as quickly as possible. Do not follow, this no effect on your legal guarantee claims has.
These Terms and Conditions and customer information were provided by the lawyers specified on IT right of the trader's alliance and are checked constantly for legal conformance. The trader's alliance Management AG guarantees for the legal security of the texts and sticks in case of from cautions. You find closer information about it under: http://www.haendlerbund.de/agb service.
The essential signs of the product and/or service are found in the article description and the complementary information on our Internet site.