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 supplier. (Beyza Özler) via the website www.wildheartfreesoul.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. 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 by placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar 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, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the 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 can accept within 5 days (unless a different deadline is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The full billing terms for the countries where this payment method is available can be found here: Germany.
Instalment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the payment by instalments service, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany.
Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order. Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the date by e-mail.
Credit card (Visa/Mastercard): Available in Germany. The debit will be made after dispatch of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and creditworthiness check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
For more information and Klarna's terms of use, see here. You can get general information about Klarna here. Your personal information will be processed by Klarna in accordance with applicable data protection laws and as set out in Klarna's privacy policy treated.
You can find more information about Klarna here. You can find the Klarna App here.
§ 4 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) In the case of used items, claims for defects shall be excluded if the defect only becomes apparent after the expiry of one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) 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 fail to do so, this will have no effect on your statutory warranty claims.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not violate the law of the Federal Republic of Germany.
of the State of the consumer's habitual residence is not withdrawn (favourability 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
Beyza Özler
Sredzkistr 44
10435 Berlin
Germany
Phone: 030 / 231 83 266
Email: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available 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 basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the
When you place an order with 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 basket system, you will receive all contract data as part of a binding offer 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 modalities
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 delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further 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 credit institutions), which are to 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 website or in the respective offer.
5.6 Unless otherwise stated 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 and 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 handover 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 a person otherwise 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 have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.
last update: 27.10.2020
