General terms and conditions with customer information (AGB)
Table of contents
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redemption of campaign vouchers
Redeeming gift vouchers
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Tetiana Synooka Kripka (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with respect to the goods displayed by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The Customer may submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this.
2.6 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller's revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. Value added tax is not shown, as the Seller is a small business within the meaning of the German VAT Act. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If the payment method "IMMEDIATELY" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that is activated for participation in "IMMEDIATELY", must legitimise himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the Customer's bank account will be debited. The Customer can find more detailed information on the payment method "IMMEDIATELY" on the Internet at https://www.klarna.com/sofort/.
4.5 If the payment method "PayPal Direct Debit" is selected, PayPal shall collect the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
4.6 If the payment method direct debit via Stripe is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for prior information on behalf of the Seller. Pre-Notification" is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
4.8 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). For further information and Klarna's terms and conditions, please refer to the Seller's payment information, which is available at the following Internet address www.myquietkid.com
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the Seller's reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. In the event that the Customer effectively exercises his right of revocation, the provision made in the Seller's revocation instructions shall apply to the costs of return shipment.
5.3 For logistical reasons it is not possible to collect the goods yourself.
5.4 Vouchers are provided to the Customer as follows:
- by e-mail
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of sale is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "campaign vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Several promotion vouchers can be redeemed in the same order.
8.5 The value of the goods must be at least equal to the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.8 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
8.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed in one order.
9.5 Gift Certificates can only be used to purchase goods and not to purchase additional Gift Certificates.
9.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.
9.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The Seller is entitled, but not obliged, to verify the material eligibility of the respective gift certificate holder.
10) Applicable law
10.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Alternative dispute resolution
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.