General Terms and Conditions

IdolGifts

– hereinafter referred to as the provider –

§ 1 Scope, definitions

(1) The following General Terms and Conditions (GTC) in the version valid at the time of the order apply exclusively to the business relationship between the provider and the customer in connection with the web shop at URL … Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select goods from the provider’s range. The selection is saved in an electronic shopping cart. By submitting the order, the customer submits a binding request to purchase the items saved in the shopping cart.

(2) Before submitting the order, the customer can change and view the data at any time, which also gives him the opportunity to identify and correct any input errors.

(3) The contract is concluded by the provider’s declaration of acceptance.

(4) If the goods selected by the customer are temporarily no longer available, the provider will inform the customer of this immediately by email. If the goods are permanently unavailable, the provider will refrain from a declaration of acceptance. In this case, a contract is not concluded.

§ 3 Storage of the contract text

(1) The contract text and the order data are stored by the provider and can be accessed online.

(2) The customer also has the option of printing out the terms and conditions and all data entered during the order process using the browser’s print function or saving them using the browser’s save function.

§ 4 Delivery

(1) Unless otherwise stated in the offer, delivery will be made from the warehouse to the delivery address specified by the customer.

(2) Unless another time is stated in the offer, the goods will be dispatched within 3 working days of the conclusion of the contract. The delivery time is 3 to 5 working days.

(3) Unless otherwise stated in the offer, delivery is limited to the territory of the Federal Republic of Germany.

§ 5 Retention of title

The delivered goods remain the property of the provider until full payment has been made. If the customer is permitted to pay via a payment service or by direct debit, the delivered goods remain the property of the provider until a reversal is excluded in accordance with the terms and conditions of all participating credit institutions.]

§ 6 Prices, shipping costs

(1) All prices include the applicable statutory value added tax.

(2) Delivery and shipping costs to be paid in addition to the purchase price – if they are to be borne by the customer – are specified separately in the respective offer.

(3) In the event of cancellation, the customer bears the direct costs of returning the goods. This does not apply to goods that cannot be returned by post due to their nature. In this case, the provider bears the direct costs of returning the goods.

§ 7 Terms of payment, default.

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1) Payment is made in advance, unless the customer is permitted to purchase on account. The customer can choose from the payment methods specified in the offer or on the website.

(2) Payment is due immediately after conclusion of the contract. In the case of a purchase on account, payment must be made within 7 days of receipt of the invoice.

(3) In the event of default, the customer must pay the provider default interest amounting to five percentage points above the base interest rate. The customer’s obligation to pay default interest does not exclude the provider from asserting further damages caused by default.

§ 8 Right of retention

The customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.

§ 9 Statutory liability for defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions. For entrepreneurs, the regular warranty period for items supplied by the provider is twelve months from handover or delivery. The provider’s liability under Section 10 remains unaffected.

(2) A guarantee only exists if it is expressly stated in the offer. A guarantee neither excludes nor limits the statutory warranty.

§ 10 Liability for damages

(1) The provider is fully liable for the customer’s claims for damages arising from injury to life, body or health or from the culpable violation of essential contractual obligations as well as for other damages that are based on an intentional or grossly negligent breach of duty by the provider. This also applies if the aforementioned violations were committed by a legal representative of the provider or a vicarious agent. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer can regularly rely.

(2) If the violation of essential contractual obligations was caused by simple negligence, the provider is only liable for the foreseeable damage that is typical for the contract. Liability for injury to life, body or health remains unaffected.

(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) No limitation of liability applies within the scope of the Product Liability Act.

(5) Otherwise, the provider excludes its liability.

§ 11 Data protection

The provider collects customer data as part of the ordering process. In doing so, it observes the relevant data protection regulations, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for processing the order.

§ 12 Final provisions

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence. The contract language is German.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider. The provider’s right to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The General Terms and Conditions remain binding in their remaining parts even if individual points are legally ineffective.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. This does not apply to goods that, due to their nature, cannot normally be returned by post. In this case, we will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not exist or expires prematurely in the case of contracts

– for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

– for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts,

– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,

– for the delivery of goods if, after delivery, they are inseparable from other goods due to their nature mixed,

– for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

–    To name/company; details of legal representative, address for service; no PO box, fax number if applicable, email address:

–    I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)

–    Ordered on (*)/received on (*)

–    Name of consumer(s)

–    Address of consumer(s)

–    Signature of consumer(s) (only if notification is on paper)

–    Date

___________________________

(*) Delete as appropriate.