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Conditions of Use

 

General Terms and Conditions of the Online Shop

www.schnecken-und-muscheln.de

 

1. General

All services rendered by the online shop to the customer shall be exclusively based on the following General Terms and Conditions. Deviating provisions shall only be considered upon the individual agreement between the online shop and the customer.

 

2. Conclusion of contract

2.1 The offers of the online shop in the internet represent a non-binding invitation to the customer to order goods in the online shop.

2.2 By ordering the requested goods in the internet the customer submits a binding offer to conclude a purchase contract.

2.3 The online shop shall immediately confirm receipt of the order, not later than 24 hours upon receipt of order. However, the order confirmation as well as acceptance of an order by phone does not yet represent any legally relevant acceptance on our part. We will only accept the offer upon shipment of the goods to you. Within four working days (Monday to Friday, exception made from public holidays), you will receive a written shipping confirmation by e-mail.

2.4 The subject matter of the contract are the goods ordered by the customer. With regard to the appearance and workmanship the description of the offer applies, apart from that, article 434 paragraph 1 sentence 3 BGB (German Civil Code) shall apply.

 

3. Instructions of revocation


Right of revocation

You shall be entitled to cancel this contract within fourteen days without stating any reasons.

The cancellation period is fourteen days starting on the day on which you or any third person named by you and who is not the carrier has/have taken possession of the goods

For exercising your right of revocation, you are required to inform us

Guido Höner
Schnecken und Muscheln
Johannisstr. 10
25704 Meldorf
Germany
Tel.: +49(0)4832-9799355
e-mail: post(at)schnecken-und-muscheln.de

by means of an unequivocal explanation (e.g. by a letter sent by post or by e-mail) about your decision to cancel this contract.

For this purpose, you may use the sample revocation form which you can find enclosed to the order confirmation e-mail, which, however, is not compulsory. You may also fill in the sample revocation form on our website

www.schnecken-und-muscheln.de/model-withdrawal-form.pdf

electronically and send it to us by e-mail. If you use this option, we will immediately (e.g. by e-mail) send you a confirmation about receipt of such a revocation.

For meeting the revocation period it is sufficient that you send us an information about exercising your right of revocation prior to expiry of the period of revocation.

Consequences of revocation

Should you cancel this contract, we will have to reimburse you all payments which we have received from you, inclusive of delivery costs (exception made of additional costs resulting from your having chosen another kind of delivery as the most favourable standard delivery offered by us) by return and not later than fourteen days upon the day on which we have received your revocation of this contract. For this reimbursement we use the same means of payment you have applied for the original transaction, unless we have expressly agreed upon anything else; in no case we will charge you any fee because of this reimbursement.

We may refuse reimbursement until we will have received the goods back or until you will have proved that you have returned the goods to us, depending on what is the earlier point of time.

You shall return or hand over the goods immediately and in any case not later than fourteen days upon the day on which you have informed us about revocation of this contract. The deadline is met if you ship the goods prior to expiry of the deadline of fourteen days.

You shall pay the direct costs for returning the goods.

You shall only pay for any loss in value of the goods if this loss in value is due to any dealing with them not required for the examination of appearance and workmanship, characteristics and functioning of the goods.

 

4. Delivery

4.1 As far as available from stock, all articles will be delivered by return. Delivery is done within Germany as well as abroad.

4.2 Unless otherwise stated in the offer, the maximum delivery time within Germany is twelve working days. So delivery is done not later than within twelve working days (Monday to Friday, exception made from public holidays) after ordering (in case of Cash on Delivery), or after the payment order is given to the transferring credit institute (in the event of advance payment) or to the online payment system PayPal.

Unless otherwise agreed in the offer, the maximum delivery time for deliveries abroad is 20 working days and depends on the country of the addressee. So delivery is done not later than within 20 working days (Sundays and public holidays excluded) after the payment order is given to the transferring credit institute (in the event of advance payment) or upon contract conclusion (in the event of payment by PayPal). You will find detailed information under this link.

4.3 Should any article not be available at short notice, we will inform you by e-mail about the expected delivery time, as far as we are aware of your address.

Your statutory claims and rights remain unaffected.

 

5. Packing and shipping charges

5.1 We offer shipment by DHL.

5.2 For delivery within Germany and abroad we charge the shipping price stated in the offer inclusive of packing charges. For every order, the shipping charges are stated separately and communicated. Pricing depends on the weight.

5.3 For orders with an order value beyond 100.00 EUR delivery within Germany is free of shipping costs. For deliveries abroad the exemption from shipping charges as of an order value of 100.00 EUR shall not apply.

 

6. Payment, reservation of title

6.1 All prices stated are gross prices in Euro, containing the statutory value added tax of currently 19%. The prices applicable on the date of order shall apply.

6.2 For delivery the following methods of payment are possible:

- Advance payment within Germany and abroad (The customer is obliged to pay the purchasing price to our account by bank transfer upon contract conclusion.). In the event of advance payment we will send you an e-mail with the exact invoice data. Therefore, please absolutely enter your e-mail address and phone number in the registration form so that we can get in contact with you. When making bank transfer please enter your name and the order number as the intended purpose so that we can allocate your receipt of payment to the order.

- Paypal Plus:
Using the payment provider PayPal Plus we offer the payment methods Paypal, debit, credit card and purchase on account. To use the payment methods debit, credit card and purchase invoice a PayPal account is not necessary. To use the payment method PayPal, a PayPal account is necessary.
- Paypal (via PayPal Plus): You pay the invoice amount on the online provider PayPal. You must be registered there or register newly, legitimize with your login data and confirm the payment instruction to us (except possibly guest access). You will get more information during the ordering process.
- Debit (via PayPal Plus): After selecting PayPal Plus and direct debit you will be redirected to the website of the payment provider PayPal. There you store the data of your bank account, from which then the invoice amount is debited. You do not need a PayPal account for this operation.
- Credit Card (via PayPal Plus): After selecting PayPal Plus credit card and you will be redirected to the website of the payment provider PayPal. There you enter the data of your credit card from which then the invoice amount is debited. You do not need a PayPal account for this operation.
- Purchase on account (via PayPal Plus): If you choose this method of payment "Purchase on account (via PayPal Plus)" the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due within 14 (fourteen) days from receipt of the invoice to PayPal (Europe) S.à R.L. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal") to pay. The payment method "purchase on account (via PayPal Plus)" requires a successful credit check through PayPal. If the customer after checking his creditworthiness is allowed to receive his order by purchase on account, payment process will proceed in cooperation with PayPal, to whom the seller relinquishes its claim for payment. The customer can pay in this case only to PayPal with discharging effect. The seller is also in the case of payment choice "Purchase on account (via PayPal Plus)" responsible for general customer inquiries as for, delivery time, delivery, returns, complaints, revocation statements and sendings or credits. Incidentally, the PayPal User Agreement (link), which can be called and has to be confirmed by the customer during the ordering process, shall apply. This payment method is offered only within Germany.

6.3 Until full payment the goods delivered will remain our property (reservation of title in the sense of articles158, 449 BGB German Civil Code). The customer shall immediately inform us about any measures of compulsory execution of third parties with regard to the goods supplied under reservation while handing over of the documents required for an intervention; this shall also apply to any impairments of any other kind. Irrespective thereof, the customer shall already in advance draw the attention of any third party to the rights existing with regard to the goods.

 

7. Guarantee

As far as the supplementary performance is done by means of a replacement delivery, the customer shall be obliged at first to return to us the goods delivered within 30 days at our expenses. Return of the defective goods shall be done in line with the statutory requirements. We reserve the right to claim damages in accordance with the statutory provisions.

 

8. Liability for defects

Information about liability for defects: The statutory provisions for liability for defects shall apply.

 

9. Data protection

Our data privacy statement is available under this link.

 

10. Copyright

Contents and work on these pages created by the page operators shall be subject to German copyright. Copying, processing, distribution and any kind of utilization beyond the borders of the copyright require the written consent of the respective author or creator. Downloads and copies of this page are only allowed for private, not for commercial use. As far as the contents on this page have not been created by the operator, the copyright of third parties is considered. Above all, contents of third parties are marked as such. Should you nevertheless notice any infringement of copyright, we kindly ask you to inform us accordingly. Upon becoming aware of any infringement of copyright we will delete such contents by return.

 

11. Miscellaneous

- not applicable -

 

12. Contents and links on our pages

12.1 The contents of our pages have been created with greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of contents. In accordance with article 7 paragraph 1 TMG (German Telemedia Act), we as a service provider are responsible for own contents on these pages according to the general laws. Pursuant articles 8 to 10 TMG (German Telemedia Act), however, we are not obliged to monitor transmitted or stored foreign information or to search for circumstances pointing to any unlawful activity. Obligations for the removal or blocking of utilization of information according to the general laws remain unaffected thereof. However, any liability in this respect is only possible after the point of time of becoming aware of a concrete infringement. Upon becoming aware of corresponding infringements we will immediately delete those contents.

Our offer includes links to external websites of third parties whose contents are beyond our influence.

So we cannot assume any guarantee for these foreign contents. For contents of the linked pages the respective provider or operator of the pages shall be responsible.

At the time of linking, the linked pages have been investigated with regard to potential infringements. Illegal contents have not been apparent at the time of linking. However, a permanent control of the content of linked pages without any concrete indicators of an infringement is unreasonable. Upon becoming aware of infringements we will remove such links by return.

 

13. Final provisions

The validity of the United Nations Convention on Contracts for the International Sale of Goods is excluded, German law shall apply. By ordering the customer acknowledges the General Terms and Condition of the online shop.

As far as the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes resulting from this contract shall be our place of business.