Webshop - General Business Conditions
Contractual Conditions for Purchase Contracts Concluded via Platform between
ear bag GmbH, Schulstrasse 38, 09125 Chemnitz/Germany - hereinafter referred to as „Provider“ -
customers designated under § 2 of the contract - hereinafter referred to as „Customer“ -.
§ 1 Scope of Application, Definitions
(1) The business relationship between the webshop provider (hereinafter referred to as „Provider“) and the customer (hereinafter referred to as „Customer“) is exclusively governed by the following General Business Conditions in their version valid at the time of order placement. Divergent conditions of the purchaser are not recognised, unless the Provider explicitly agrees to their validity in writing.
(2) The Customer is a consumer in so far as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, any natural or legal person or any partnership having legal personality and acting in the exercise of its commercial or independent professional activity at the time of the conclusion of the contract is deemed to be an entrepreneur.
§ 2 Conclusion of Contract
(1) The Customer can select products from the range of goods offered by the Provider and collect them in a so-called shopping basket via the button "ADD TO BASKET". He can have the shopping basket displayed via the button "VIEW BASKET AND CHECKOUT". After the possible input of a discount code, the Customer shall click on the button "CHECKOUT". An order placement binding the Customer is brought about only if he has entered all data required for the implementation of the contract, if he has acknowledged these business conditions, and if he has clicked on the button "PLACE ORDER". Before clicking on this button, the Customer can change his order placement and the data indicated for his order placement at any time.
(2) The Provider then forwards to the Customer an automatic acknowledgement of receipt via e-mail in which the order placement of the Customer is once more indicated and which the Customer can print out via the function „Printing“. The automatic acknowledgement of receipt is just documenting that the order placement of the Customer has arrived at the Provider’s end and does not constitute any acceptance of the application. The contract is only brought about if the Provider produces a declaration of acceptance, which is forwarded in a separate e-mail (order confirmation).
§ 3 Delivery, Availability of Goods
(1) If, at the time of Customer’s order placement, no items of the product selected by him are available, the Provider will immediately inform the Customer in the order confirmation accordingly. If the product is unavailable in the long term, the Provider will refrain from producing any declaration of acceptance. In this case, no contract will be brought about.
(2) If the product designated by the Customer in his order placement is only temporarily unavailable, the Provider will also immediately inform the Customer in the order confirmation accordingly. In case of any delay in delivery of more than two weeks, the Customer is entitled to withdraw from the contract. Otherwise, the Provider is also entitled to rescind the contract in such a case. In this case, he will immediately pay back any payments that have possibly already been effected by the Customer.
(3) Normal delivery time for the webshop (shop.earbags.com) is 7 working days from order, that includes packing and shipping.
If, for some reason, you should not recieve your package in time please contact us at firstname.lastname@example.org
§ 4 Retention of Ownership
The supplied goods remain the Provider’s property until they are fully paid.
§ 5 Prices and Shipping Costs
(1) All prices indicated on the Provider’s website include the applicable valid legal turnover tax in EURO.
(2) The corresponding shipping costs are indicated to the Customer on the purchase order form and shall be borne by the Customer unless the Customer uses his right to cancellation.
(3) The shipment of the goods takes place by mail dispatch. If the Customer is a consumer, the shipping risk will be borne by the Provider.
(4) In case of cancellation, the Customer shall bear the regular costs of the return shipment if the supplied goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or if the Customer has not yet effected the counter-performance or a contractually agreed partial payment in case of a higher price of the goods at the time of cancellation. Otherwise, the Provider will bear the costs of the return shipment.
(5) If you order any products to be delivered outside the EU, you may be subject to import duties and taxes which are raised as soon as the package arrives at the designated place of destination. Any additional charges for customs clearance shall be borne by you; we do not have any influence on such charges. Customs regulations vary strongly from one country to another, so that you should obtain more detailed information from your local customs authority. In your capacity as purchaser, you are an importer and must therefore respect all laws and ordinances of the country in which you receive the products. Cross-border deliveries may be opened and searched by the customs authorities.
§ 6 Terms of Payment
(1) The Customer can effect the payment via credit card (Visa or Mastercard).
(2) The payment of the purchase price is due and payable directly upon the conclusion of the contract.
§ 7 Warranty for Material Defects, Guarantee
(1) The Provider is liable for material defects under the relevant legal regulations, in particular Sections 434ff of the German Civil Code (BGB). With regard to entrepreneurs, the obligation to grant warranty for goods supplied by the Provider is in effect 12 months.
(2) Please note that service offers of the manufacturer may not be available for products shipped to another country and that instructions, directions for use and safety warnings may not be written in the language of the country of destination.
§ 8 Liability
(1) Customer’s claims to damages are excluded, except for Customer’s claims to damages resulting from damage on account of harm to life, limb and health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damage resulting from a deliberate or grossly negligent breach of duty by the Provider, his legal representatives or servants. Essential contractual obligations are obligations the fulfilment of which is required in order to achieve the aim of the contract.
(2) In case of violation of essential contractual duties, the Provider is only liable for damage that is foreseeable under and typical for the contract and if such damage has been caused by simple negligence, unless the Customer’s claims to damages are based on harm to life, limb or health.
(3) The restrictions of Subsections 1 and 2 also apply in favour of the legal representatives and servants of the Provider if claims are asserted against them directly.
(4) The regulations of the Product Liability Act remain unaffected.
§ 9 Information on Cancellation
Right to Cancellation
You can cancel your declaration of contract within 14 days in writing (e. g. letter, fax, e-mail) without stating any reasons or - if the goods are left to your discretion before the expiration of the time limit - by returning the goods. The time limit commences after the receipt of this information in writing, but neither before the receipt of the goods by the receiver (in case of recurring deliveries of goods of the same kind neither before the receipt of the first partial delivery) nor before the fulfilment of our information obligations according to Article 246, Section 2 in conjunction with Section 1, Subsections 1 and 2 of the Introductory Act of the German Civil Code (EGBGB). In order to observe the period allowed for cancellation, it is sufficient to forward the cancellation or the goods in good time. The cancellation shall be forwarded to:
ear bag GmbH
Consequences of Cancellation
In case of effective cancellation, the mutually received services shall be returned, and any drawn benefits (e. g. interest) shall be handed over. If you are unable to return the received service fully or partially or if you are able to return the received service only in a deteriorated condition, you must grant us compensation for lost value to this extent, if appropriate. For the deterioration of the goods and for the drawn benefits, you shall provide compensation for lost value only in so far as the benefits or the deterioration are due to a handling of the goods that goes beyond the check of its properties and mode of operation. „Check of properties and mode of operation“ is understood to be the testing and trying of the goods concerned, as it may be possible and usual in a shop, for instance. Goods that can be forwarded in packages shall be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or if you have not yet effected the counter-performance or a contractually agreed partial payment in case of a higher price of the goods at the time of cancellation. Otherwise, the return shipment is free of charge for you. Goods that cannot be forwarded as packages will be collected from your place. Obligations to reimburse payments shall be fulfilled within 30 days. The time limit for you commences upon the dispatch of your declaration of cancellation or of the goods, and the time limit for us commences upon the receipt of such declaration of cancellation or of such goods.
End of Declaration of Cancellation
§ 10 Data Processing Instructions
(1) Within the framework of contract performance, the Provider collects Customer data. In doing so, he especially observes the regulations of the Federal Data Protection Act and of the German Telemedia Act. In the absence of Customer’s consent, the Provider will collect, process or use any inventory and utilisation data of the Customer only as far as necessary for the implementation of the contract relationship and for the use and accounting of telemedia.
(2) In the absence of Customer’s consent, the Provider will not use Customer data for the purpose of advertisement and market or opinion research.
(3) The Customer can at any time call up his stored data in his profile via the button "MY ACCOUNT" and change the profile. Regarding Customer’s consent as well as further information on data collection, data processing and use of data, please refer also to the declaration on data protection, which can be called up in printed form at any time from the Provider’s website via the button "DATA PROTECTION".
§ 11 Newsletter
(1) In all data processing operations (e. g. collection, processing and transmission), we are operating in accordance with the legal regulations. Your data required for the performance of business are stored and transmitted to the necessary extent to service providers commissioned by us, for the purpose of order processing. Within the framework of what is legally permissible and taking into account your respective interests in the exclusion of transmission or use worth being protected, we can transmit and call up address and financial soundness data to and/or from SCHUFA 65203 Wiesbaden for the purpose of financial and credit standing checks in case of order placements.
(2) All Customer data are stored and processed by us in compliance with the relevant regulations of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). You are at any time entitled to a free of charge inquiry, correction, blocking and deletion of your stored data. Please turn to the Provider. We will not transmit your personal data including your street address and e-mail address to any third party without your explicit consent which may be revoked at any time, apart from our service partners who require the transmission of data for order processing (e. g. the credit institution charged with the processing of the payment). In these cases, however, the scope of the transmitted data is restricted to the required minimum. We are using technical and organisational safety measures in order to protect your data managed by us against any accidental or wilful manipulation, loss, destruction or access by unauthorised persons. Upon registration for Newsletter, your e-mail address will be used for own advertisement purposes until you withdraw from Newsletter. Withdrawal is possible at any time. We are using the data communicated by you for the fulfilment and processing of your order placement.
§ 12 Final Provisions
(1) Contracts between the Provider and Customers are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Sales Law.
This should be checked as we are also forwarding supplies to international customers.
(2) If the Customer is a businessman, legal person under public law or holder of public special assets, the place of jurisdiction for all disputes arising from the contractual relationships between the Customer and the Provider shall be the seat of the Provider.
(3) Even if any individual points of the contract are legally ineffective, the remaining parts of the contract shall remain binding. The ineffective points shall then be replaced by legal regulations, if available. However, if this is an unreasonable hardship to one contracting party, the contract as a whole shall become ineffective.