General terms and conditions and customer information

I. General Terms and Conditions
§ 1 Basic Provisions.

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Annelie Tesch) via the website https://www.vonannelie.de/shop/. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract 

(1) The subject of the contract is the sale of goods.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "checkout" page and entering the personal data as well as the payment and shipping conditions, you will finally receive the order data as a

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.

Before sending the order, you have the option to review the information in the order overview, change (also via the "back" function of the Internet browser) or cancel the order.
With the sending of the order via the appropriate button ("order with costs" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats are to be observed.

(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.

§ 4 Special agreements on payment methods offered

(1) SEPA Direct Debit (Basic and/or Corporate Direct Debit)

Bei Zahlung per SEPA-Basislastschrift oder per SEPA-Firmenlastschrift ermächtigen Sie uns durch Erteilung eines entsprechenden SEPA- Mandats, den Rechnungsbetrag vom angegebenen Konto einzuziehen.
Der Einzug der Lastschrift erfolgt innerhalb von 1 – 3 Tagen nach Vertragsschluss.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a return debit note due to your fault, you must bear the bank charge incurred.

§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

§ 7 Rechtswahl
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. Identity of the seller

Annelie Tesch
Zeppelinstraße 142
14471 Potsdam
Germany
Telefon: 01794099681
E-Mail: annelie@vonannelie.de

Alternative Dispute Resolution:

The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2.  Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1 The contractual language is German.

3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.

5.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.

5.4 Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.

5.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.

last update: 27.10.2020