General terms and conditions of trading with customer information

Contents

1. Scope
2. Conclusion of contract
3. Right to revoke
4. Prices and conditions of payment
5. Delivery and shipping conditions
6. Reservation of ownership
7. Liability for defects (guarantee services)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution

1)  Scope

1.1 These General Terms and Conditions (hereafter known as “T&Cs”) of bellissa haas GmbH (hereafter known as "Vendor") apply to all contracts on the delivery of goods, which a consumer or entrepreneur (hereafter “Customer“) has concluded with the Vendor regarding goods in the Vendor’s online shop. We herewith gainsay the inclusion of the Customer’s own conditions, unless otherwise agreed.

1.2 A consumer in the sense of these T&Cs is any natural person that concludes a legal transaction that cannot be mainly allocated to his or her commercial or independent professional activity. Entrepreneur in the sense of these T&Cs is a natural or legal entity or a partnership with legal capacity, exercising their commercial or independent professional activity in conclusion of a legal transaction.

2) Conclusion of the contract

2.1 The descriptions of the products contained in the Vendor’s online shop do not form binding offers on the part of the Vendor, but serve to place a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Vendor’s online shop. After the Customer has placed the selected goods in the virtual basket and gone through the electronic order process, he or she will create a legally binding offer of contract regarding the goods in the basket by clicking the button that concludes the order process.

2.3 The Vendor can accept the Customer’s offer within five days

• by sending the Customer a written confirmation of order or a confirmation of order in text form (fax or email), where the access of the order confirmation by the Customer is definitive, or
• deliver the ordered goods to the Customer, where the receipt of the goods by the Customer is definitive, or
• by requesting payment from the Customer after the Customer has placed the order.​

If several of the above mentioned alternatives exist, the contract will come into force at the point in time at which the first of these alternatives occurs. The period for the acceptance of the offer begins on the day after the Customer has placed the order and ends on the expiry of the fifth day after the dispatch of the order. If the Vendor does not accept the offer of the Customer within the above mentioned period, this shall count as a rejection of the offer and as a consequence the Customer is not longer bound to the declaration of his or her will to purchase.

2.4  If a PayPal payment is selected, the payment procedure will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereafter: “PayPal“), with the application of the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account – under the conditions for payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer is paying using a method of payment offered by PayPal that can be selected in the order process, the Vendor declares acceptance of the Customer’s offer at the time at which the Customer clicks the button concluding the order process.

2.5 If the “Amazon Payments” type of payment is selected, payment will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereafter: “Amazon”), with the application of the Amazon Payments Europe terms of use, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer as part of the online order process chooses to pay with “Amazon Payments“, he or she will, by clicking on the button to conclude order process, at the same time create a payment order for Amazon. In this case, the Vendor declares acceptance of the Customer’s order at the time at which the Customer clicks the button concluding the order process, thus starting the payment process.

2.6 When making an offer via the Vendor’s online order form, the contract text will be saved by the Vendor and sent to the Customer in text form once he or she has placed the order (e. g. email, fax or letter). The contract text will not be made accessible by the Vendor in any other form. If before placing his or her order the Customer has set up a user account in the Vendor’s online shop, the order dates are archived on the Vendor’s website and can be called up by the Customer from his or her password-protected user account free of charge, once the relevant log-in data have been entered.

2.7 Before placing the binding order via the Vendor’s online order form, the Customer can discover possible errors entered on the form by reading the information on screen carefully. One effective technical aid for discovering entered errors can be the browser’s magnifying function, which enlarges the presentation on the screen. The Customer can correct his or her entries for the electronic order process via the usual keyboard and mouse functions, until he or she finally clicks the button for conclusion.

2.8 The German language is the sole language available for concluding the order.

2.9 Processing the order and making contact is generally done by email and automated order processing. The Customer is to make sure that the email address he or she has provided for the order processing is correct, so that the emails sent by the Vendor can be received at this address. If using SPAM filters in particular, the Customer must make sure that all emails sent by the Vendor or by third parties appointed by the Vendor to process the order can be received.

3) Right of revocation

3.1  All consumers are in principle entitled to the right of revocation.

3.2 More detailed information on the right of revocation can be found in the Vendor’s revocation instruction.

4) Prices and conditions of payment

4.1 If nothing different is stated in the Vendor’s product description, the prices given are total prices and include statutory VAT. Any additionally occurring delivery and shipping costs will be given separately in the relevant product description.

4.2 The Customer will be informed of the payment option/s in the Vendor’s online shop.

4.3 When selecting the “SOFORT“payment type, payment will be made via the payment provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereafter “SOFORT“). In order to be able to pay the invoice amount via “SOFORT“, the Customer needs to have an online bank account unlocked for participation in “SOFORT”, legitimise him/herself accordingly for the payment process and confirm the payment instruction to “SOFORT“. The payment transaction will then be immediately carried out by “SOFORT“ and charged to the Customer’s bank account. The Customer can call up more detailed information on the “SOFORT“ payment method on the internet under https://www.klarna.com/sofort/. 

4.4 When selecting one of the types of payment offered by the payment provider “Adyen“, the payment processing will be carried out by the payment provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereafter: “Adyen“). The Customer will be informed of the types of payment offered by Adyen in the Vendor’s online shop. For processing payments, Adyen may use the services of third-party payment providers, for whom particular payment conditions may apply, which will if necessary be brought separately to the Customer ‘s attention. Further information on “Adyen” can be called up on the internet under https://www.adyen.help/hc/de.

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address given by the Customer, unless otherwise agreed. When handling the transaction, the delivery address given in the order processing by the Vendor is definitive. In deviation from the above, if the PayPal payment method is selected, the delivery address submitted by the Customer at the time of payment by PayPal is definitive.

5.2 With goods delivered by carrier the delivery will be “free curbside”, which means to the nearest public curbside to the delivery address, unless stated otherwise in the shipping information in the Vendor’s online shop and if no other arrangement has been agreed.

5.3 If the delivery of the goods fails due to reasons that are the Customer’s responsibility, the Customer will be responsible for reasonable costs arising for the Vendor from the failed delivery. This does not apply to the costs for the dispatch if the Customer makes effective use of the right of revocation. For the return costs, if the Customer makes effective use of the right of revocation, the rules set out in the Vendor’s revocation instructions apply.

5.4 The Vendor reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the Vendor was not responsible for the non-delivery and the Vendor has with due care made a specific cover transaction with the supplier. The Vendor will make every reasonable effort to acquire the goods. In the event of the goods being unavailable or only partially available, the Customer will be informed immediately and the payment returned without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Reservation of ownership

If the Vendor provides goods in advance, it will retain ownership of the delivered goods until full payment is made of the purchase price owed.

7) Liability for defects (guarantee services)

7.1 If the purchased item is defective, the regulations covering legal liability for defects apply.

7.2 Deviating from the above, the following applies to used goods: Claims for defects are excluded if the defect only appears after a year has expired since the delivery of the goods. Defects that appear within a year after delivery of the goods can be claimed for within the legal expiry period. However, the shortening of the period of liability to one year does not apply 

• to items that according to their usual method of use have been used in a construction and have caused the construction to be defective,
• to repayment and claims for refunding of expenses of the customer and
• in the event that the Vendor has deliberately concealed the defect.

7.3  If the customer is acting as a consumer, he or she is requested to claim from the delivery agent for goods delivered with obvious transport damage and to inform the Vendor of this. If the Customer does not follow the above procedure, this will have no effect on his or her legal or contractual claims for defects.

8) Applicable law

The laws of the Federal Republic of Germany apply to all legal relationships of the parties, in exclusion of the laws on the international purchase of movable goods. For consumers this choice of law only applies insofar as the protection offered is not withdrawn by mandatory provisions of the laws of the country in which the consumer has his or her customary residence.

9) Place of jurisdiction

If the customer is acting as a business person, legal entity under public law or special fund under public law with its headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the registered office of the Vendor. If the Customer has its headquarters outside the territory of the Federal Republic of Germany, the registered office of the Vendor is the sole place of jurisdiction for all disputes arising from this contract, if the contract or claims based on the contract can be assigned to the professional or commercial activity of the Customer. However, in the above cases, the Vendor has the right of recourse in every instance to the court at the headquarters of the Customer.

10) Alternative disputes resolution

10.1 The EU Commission has made a platform for online resolution of disputes available on the internet: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out of court settlement of disputes arising from online purchases or service contracts in which a consumer takes part.

10.2 The Vendor is not obliged to take part in a dispute settlement process before a consumer arbitration board, but is prepared to do so.