General Terms and Conditions & Client Information
Table of contents
A. General Terms and Conditions
- 1. Scope of Application
- 2. Conclusion of the Contract
- 3. Return Shipping Charges when Exercising the Right of Cancellation
- 4. Prices and Payment Conditions
- 5. Shipment and Delivery Conditions
- 6. Liability for Defects
- 7. Applicable Law, Contract Language
B. Client Information
- 1. Information on the Seller’s Identity
- 2. Information on the significant Characteristics of the Goods or Services
- 3. Information on the Conclusion of the Contract
- 4. Information on Payment and Delivery
- 5. Information on Technical Steps leading to the Conclusion of the Contract
- 6. Information regarding Storage of Contract’s Content
- 7. Information regarding Technical Means to identify and correct Input Errors prior to Placing the Order
- 8. Information regarding the Languages offered for Conclusion of the Contract
A. General Terms and Conditions
1.1 These Terms and Conditions of the company Charles & Marie KG (hereinafter referred to as ”Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as ”Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The seller may accept the Client’s offer within two days,
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 Provided that the Client has chosen direct debiting or automatic collection procedure, when submitting his online order, the Seller may accept the Client’s offer, by debiting
the total price from the Client’s account within two days. Insofar the date of debiting the Client’s account shall be decisive. Otherwise Section 2.3 applies.
2.5 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the second day following the sending of the offer.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
Should the Client have the right of cancellation, he/she is obliged to bear the standard return shipping charges when exercising the right of cancellation provided that the price of the returned goods does not exceed an amount of 40 Euros, or, in case of a higher price of the goods, the Client has not made payment in full or in parts at the time of cancellation, unless the delivered goods do not correspond to those ordered. In all other cases, the Seller bears the return shipping charges.
4.1 All prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorised recipient. Should the Client act as an entrepreneur, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
The statutory liability for defects applies.
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his/her habitual residence.
7.2 If the Customer is a businessman, a legal entity of public law or a public special estate, the court of jurisdiction for all legal disputes arising from this contract shall be at the Seller’s place of business. The same applies if the Customer does not have a general court of jurisdiction or place of residence in Germany or the EU, or if the typical place of residence is not known at the time legal action is commenced. The right to go to court at a different court of jurisdiction remains unaffected hereof.
7.3 The contractual language is German.
B. Client Information
Charles & Marie KG
Tel.: +49 6174 203045
Fax: +49 6174 203044
Vertretungsberechtigter Gesellschafter: Claus Krogmann (Komplementär)
Registergericht: HRA 3234
Registernummer: Amtsgericht Königstein im Taun
Umsatzsteuer-Identifikationsnummer gemäß § 27 a Umsatzsteuergesetz: DE245807871
The significant characteristics of the goods or services result from the respective product description presented by the Seller.
The contract shall be concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
The Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).
5.1 The Client has to go through the following technical steps when placing his offer via the online order form.
5.1.1 Filling the online shopping basket with the desired item
5.1.2 Signing in to the online shop by entering the user ID and the password or – in case a customer account does not exist – entering the order data in the form designated for this purpose
5.1.3 Entering the billing and the shipping address
5.1.4 Selection of the desired payment method
5.1.5 Resuming the order data
5.1.6 Submitting the binding order
5.2 The Seller accepts the Client’s offer pursuant to Section 2 of these Terms and Conditions
The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
7) Information regarding Technical Means to identify and correct Input Errors prior to Placing the Order
The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
The German language is exclusively available for the conclusion of contract.