General terms and conditions of business
(For cancellation instructions see § 6)
§ 1. General
1.1 Contracting parties within the framework of the following General Terms and Conditions (GTC) for https://www.laracumkitten.shop/gb/ available goods and services
(hereinafter referred to as “Seller”) and the Customer. The General Terms and Conditions apply to both consumers. S. § 13 BGB as well as towards entrepreneurs i. See § 14 BGB, unless a differentiation is made in the respective clause.
1.2 The seller provides all services on the basis of the following general terms and conditions in the version valid at the time of the order
§ 2 Subject of the contract
The subject of the contract is the sale of goods and services. The details, in particular the essential characteristics of the goods, can be found in the description and additional information on the seller's website
§ 3 Conclusion of contract
3.1 The seller's representations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. The information about the goods and services merely represents descriptions and is not a guarantee of characteristics or guarantees.
3.2 As a visitor to the website, every customer automatically receives a “shopping cart” in which the seller's selected goods and services are collected. As soon as the website is left without the customer making a binding offer, the contents of the shopping cart expire. A legal transaction was not concluded in this case. Before sending the order (possibly after registering or logging in as a customer), you have the option of changing or deleting the contents of the shopping cart.
3.3 The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (z.B. Email for custom-made products) in which the processing of the order goods is confirmed to the customer or with payment of the order. If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.
3.4 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address they provide to the seller is correct, that receipt of emails is technically ensured and, in particular, that they are not prevented by SPAM filters.
3.5 The customer can also submit the offer to the seller by telephone, fax, email or post. Additional agreements can be made in writing and by telephone. Agreements made over the telephone that deviate from the offer in the online shop must be confirmed in writing.
3.6 The seller offers selected products in an auction, which the customer requests successful age verification can place a bid. If proof of age is missing, the seller is entitled to withdraw from the contract. In this case, payments already made by the customer will be refunded immediately. At an auction, an effective purchase contract is concluded with the customer who verifies themselves and who has submitted the highest bid within the offer period. The amount of the purchase price is based on this highest bid. If another customer submits a higher bid within the offer period, the low bid expires. Customers can only withdraw bids if there is a legitimate reason for doing so. After a legitimate bid withdrawal, a contract is concluded between the customer, who is the highest bidder again after the auction has ended due to the bid withdrawal, and the seller. After the contract has been concluded, the seller will send confirmation of the conclusion of the contract and information about the purchase process to the email address provided by the customer.
3.7 Products in the online shop that are marked “FSK 18” or “USK 18” in the description can only be picked up or delivered by the customer in person by presenting an ID card issued by an authority with a photo and registration address (z.B. ID card) can be accepted. These products cannot be handed over to an authorized representative or delivered to a packing station.
§ 4 Prices, shipping costs
4.1 All prices stated are EURO prices including the applicable statutory VAT.
4.2 The shipping costs incurred are not included in the purchase price. The respective delivery area and shipping costs are stated on the product pages. The shipping costs are shown separately during the ordering process and must be borne additionally by the customer unless free shipping is guaranteed.
§ 5 Payment and shipping conditions
5.1 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.2 The seller assumes no procurement risk. The seller is only obliged to deliver goods from his stock.
5.3 The seller is entitled to withdraw from the purchase contract if, unexpectedly, the purchased goods are not in stock or cannot be shipped. This does not apply if the seller is responsible for the unavailability of the goods. The customer will be informed immediately about the unavailability. Any payments made by the customer will be refunded immediately.
5.4 The seller is entitled to make partial deliveries as long as this is reasonable for the customer.
5.5 When returning the goods, the outer packaging used by the seller must be used to ensure safe shipping
5.6 If delivery is affected by force majeure, the delivery time will be extended accordingly. Force majeure includes, for example, labor disputes, lockouts, official interventions, transport bottlenecks through no fault of our own, war, unforeseeable energy and raw material shortages, unforeseeable operational disruptions (z.B. Fire, water, machine damage) and other events for which the seller is not responsible when viewed objectively. The seller will inform the customer immediately about the beginning and end of these obstacles. If the duration of the impediment to performance caused by force majeure is more than four (4) weeks to the original delivery date, the customer has the right to withdraw from the contract. Further claims are excluded.
5.7 Costs (bank fees, etc.) incurred by the seller due to a failed direct debit must be reimbursed by the customer
§ 6 Right of withdrawal
If the customer cancels a contract, we will pay to the customer all payments received from the customer, including delivery costs (except for additional costs resulting from the customer choosing a different type of delivery to that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. For this repayment we use the same payment method that the customer used in the original transaction, unless something different was expressly agreed with the customer. In no case will the customer be charged any fees for this repayment. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary to check the nature, properties and functionality of the goods.
6.1 Cancellation policy when ordering for consumers
Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
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 contact us
Lara Cumkitten Online shop
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We can refuse the repaymentuntil we have received the goods back or until you have provided proof thatthat you have returned the goods, whichever is the earliest.
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 your cancellation of this contract. The deadline is met when you receive the goodsSend after the deadline of fourteen days. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
A right of withdrawal does not apply to contracts for 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; Contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery; Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery; Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery
- End of the statutory cancellation policy -
6.2 Right of withdrawal for entrepreneurs
Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and who are acting in the exercise of their commercial or self-employed activity when concluding the contract have no right of withdrawal
§ 7 Right of retention, retention of title
7.1 The goods remain the property of the seller until the purchase price has been paid in full.
7.2 If the customer's claim from the resale has been included in a current account, the customer hereby assigns his claim from the current account against his buyer to the seller. The assignment takes place in the amount that the seller charged the customer for the reserved goods that were resold.
7.3 Any processing or transformation of the reserved goods is always carried out on behalf of the seller, without any liabilities arising from this. The new item becomes the property of the seller. If the customer obtains ownership through combination, mixing or mixing, he now assigns his existing claims in accordance with Section 950 of the German Civil Code (BGB) to the seller.
7.4 In the event that the goods are seized from the customer, the seller must be immediately informed, by sending a copy of the enforcement protocol and an affidavit, and the person making the seizure must be fully informed that the seized goods are the goods delivered by the seller and are subject to retention of title.
7.5 If the value of the securities in accordance with the preceding paragraphs of this section exceeds the amount of the outstanding claims secured thereby by more than 20% for the foreseeable future, the customer is entitled to demand that the seller release securities to the extent that the excess is present.
§ 8 Warranty for consumers
8.1 The warranty for defects in the purchased goods is based on the legal regulations.
8.2 Customary or technically unavoidable material-related deviations in the quality, color, size, equipment or design of the goods are irrelevant. There is no right of withdrawal in the event of these or other insignificant defects. The customer remains free to prove that the deviations mentioned are significant for him.
8.3 As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to the seller and the freight forwarder as quickly as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
§ 9 Warranty for entrepreneurs
9.1 The seller is liable for defects that exist when the goods are handed over within the scope of the statutory provisions.
9.2 Defects discovered later must also be reported to the seller immediately; otherwise the goods are deemed to have been approved even with regard to these defects. The notification of defects must be made in writing and must describe the defect complained about in detail. Otherwise, Sections 377 et seq. of the German Commercial Code (HGB) apply accordingly.
9.3 The customer undertakes to check the goods immediately upon receipt for internal and external damage or shortages and to report these defects to the seller within three days of receipt of the goods. Obvious transport damage must be recorded and confirmed immediately by the delivery person.
9.4 If the customer fails to inspect or report defects in a timely manner, the delivered goods are deemed to have been approved unless the defect was not recognizable during the inspection. Deadline is sufficient for the timely dispatch; the burden of proof for this lies with the customer.
9.5 Warranty and compensation claims expire one year from delivery of the goods.
9.6 Customary or technically unavoidable material-related deviations in the quality, color, size, equipment or design of the goods are irrelevant. There is no right of withdrawal in the event of these or other insignificant defects. The customer remains free to prove that the deviations mentioned are significant for him.
9.7 The customer has no warranty rights if he has changed the goods and the defect was caused by this. Warranty claims due to improper use of the goods and installation or assembly by unauthorized personnel are also excluded. The customer's claims for damages or reimbursement of wasted expenses only exist in accordance with Section 10 of these General Terms and Conditions.
§ 10 Liability
10.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Cardinal obligations within the meaning of these General Terms and Conditions are those obligations that enable the proper execution of the contract and the achievement of its purpose and on whose compliance the customer can therefore regularly rely.
10.2 In the event of a breach of essential contractual obligations, the seller is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
10.3 Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
10.4 The restrictions in Sections 10.1 and 10.2 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
10.5 The seller assumes no liability for the constant and uninterrupted availability of its internet presence or for technical or electronic errors in the online offering.
10.6 The seller is also not liable for damages caused by unauthorized persons placing orders with the seller using the password and customer account assigned to the customer
10.7 Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 11 Copyrights on the seller's goods
The right of use only applies to the direct use of the goods by the customer. The customer may only resell or rent the goods if the seller has agreed in advance in writing (§126 b BGB). In the event of a transfer to third parties (sale, rental, etc.), regulations for use between the seller, the customer and the third party must be recorded in writing.
§ 12 Normal household quantities
Physical goods are only sold in normal household quantities.
§ 13 Import of goods abroad
When goods are imported into countries outside of Germany, there may be export restrictions and import duties and taxes may apply, which the customer must bear. These vary in different customs areas. The customer is responsible for the proper collection of necessary duties, taxes and fees.
§ 14 Customer reviews
If the customer writes a customer review for goods and services offered by the seller, the seller is entitled to display this text anonymously in all online shops and social media sites of the seller. The seller reserves the right not to display a review or only for a limited period of time and, if this is necessary for legal reasons (e.g. in the event of a violation of personal rights), to display it in an abbreviated form. Customer reviews reflect only the opinions of the customers and do not necessarily agree with the views of the seller.
§ 15 Storage of the contract text/data protection
15.1 The order and the order data entered are saved by the seller. With the order confirmation, the customer will be sent all order data and these general terms and conditions along with cancellation instructions and a sample cancellation form.
15.2 By submitting the order, the customer authorizes the seller to process, store, evaluate and use the data received in connection with the business relationship in accordance with the Data Protection Act (including for advertising purposes). Forwarding to third parties occurs exclusively for the purpose of executing the contract. Payment information will not be forwarded except for the information that the purchase price has been paid. If the customer does not wish this, he or she can place an order as a guest.
15.3 When ordering as a guest, customer data will only be used as part of the order and will not be stored further.
15.4 The customer can request information about his stored data at any time, exercise his right to correction and withdraw his consent.
15.5 If the customer is no longer interested in sending a newsletter to the email address entered in the user account, they can do so at any time via a link integrated in the respective email or by email directly to fan@fan69.de the removal from the distribution list can be arranged. The newsletter contains current information and information about offers and promotions.
§ 16 Hygiene
A guarantee for germ-free delivery (particularly for hygiene products) is not given. The customer is responsible for the proper, hygienic and responsible use of the product. No liability is assumed for possible infection/illness.
§ 17 Digital products
17.1 The customer acquires a simple, non-transferable right to use the digital products offered for personal use, which can be revoked before the license fee has been paid in full. The customer is not granted ownership of the digital products.
17.2 The content of the digital products may not be changed by the customer in terms of content or editorial content, unless otherwise mandatory legal rules apply.
17.3 The customer may make copies of the digital product for private or other use in accordance with the respective product descriptions, store them on reading devices and use them as intended on these devices. Any further use, in particular the forwarding, editing, copying or reproduction, distribution, publication or making publicly available of the digital products, in whole or in part, whether in digital form, via remote data transmission or in analogue form, is not permitted to the customer and may be subject to this. punishable. All rights, in particular copyrights, belong exclusively to the seller or licensor.
17.4 Digital products can be individually marked with technical protection and control measures.
17.5 The customer can download any digital product that has already been purchased a total of 5 times in the user account area. The seller reserves the right to limit or terminate this voluntary service (reload) at any time, temporarily or permanently, or to delete individual digital products from the user account (particularly in the event of legal violations). This excludes digital products that the customer has already downloaded and saved on their own storage medium (PC, e-book reader, etc.).
17.6 If updates to the digital products are required, the seller will inform the buyer about this
§ 18 Final provisions
18.1 EU Commission platform for online dispute resolution:www.ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
18.2 The place of jurisdiction is, to the extent permitted by law, Rudolstadt. The law of the Federal Republic of Germany.