GENERAL TERMS AND CONDITIONS
§1 Applicability, Contract Language
(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, Thomas Langer, Wilhelm-Hauff-Str. 11, 78234 Engen, Germany, Email: email@example.com (hereinafter “We”, „PlushLife" or "vendor"), via our online shop at https://plushlife.eu/.
(2) The exclusive language available for the conclusion of the contract shall be English. Translations of these GTC to other languages are for information only. In the event of contradictions between the English text and the translations, the English text shall prevail
(3) All orders placed by the purchaser via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business stated below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer, except where specifically complied to in writing.
§2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
§3 Conclusion of contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking “Complete Order” or„Pay now“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
§4 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Checkout“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Pay now“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.
§5 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
§6 Opening a customer account; Processing of your personal data
§7 Payment Terms
The purchase price is to be paid in advance and is due for payment immediately after placing an order. The payment can be made via Credit Card or SEPA bank transfer. In order to be able to offer you an attractive range of payment methods, we work together with various payment service providers. Please refer to our online shop for details on these payment service providers. Any alternate forms of payment must be agreed upon by the vendor expressly in written form.
§8 Retention of Title
The goods shall remain our property until full payment.
§9 Shipping Terms; Force Majeure
(1) We deliver the goods pursuant to the agreements made; The respective delivery time is shown in the product description in our online store. Arising shipping costs are listed in the product description and are billed separately. Furthermore, the shipping conditions specified in our Online-Shop under “SHIPPING” apply.
(2) In the case that the ordered goods cannot be delivered on time or at all, the vendor informs the customer of this within reasonable time.
(3) If the goods cannot be delivered at all, the vendor may rescind from an order confirmation. A contract does not take effect in this case. Payments already rendered by the customer will be reimbursed as soon as possible.
(4) In cases of unforeseeable, unavoidable and non-culpable events (force majeure) like for example natural disasters, wars, epidemics, pandemics, which lead to delays in deliveries, these delays are not the responsibility of the vendor, because these are events that are not within its sphere of influence. A fault of the vendor for delays in delivery which occur, for example, due to official measures or legal provisions in connection with a pandemic such as import bans or import restrictions, quarantine periods or the like, will therefore regularly not apply. This in turn means that the delay in performance, i.e. the delayed delivery, in cases of force majeure is to be accepted by the customer and in these cases there is also no claim for damages due to delayed delivery.
§10 Right of Withdrawal
As a consumer you have a right of withdrawal in accordance with the rules described below. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us, Thomas Langer, Wilhelm-Hauff-Str. 11, 78234 Engen, Germany, Email: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us, Thomas Langer, Wilhelm-Hauff-Str. 11, 78234 Engen, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.
Contracts excluded from the right of withdrawal
The right of withdrawals does not apply to the contracts listed in section 312g (2) of the German Civil Code (BGB), which are in particular:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer;
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or for hygiene reasons, if the seal has been removed after delivery.
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract
To Thomas Langer, Wilhelm-Hauff-Str. 11, 78234 Engen, Germany, Email: email@example.com
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
- ordered on (*). . . . ./received on (*). . . . .;
- name of consumer(s);
- address of consumer(s);
- signature of consumer(s); (only if this form is notified on paper)
(*) complete as appropriate
All prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time.
§12 Warranty in case of purchasing goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
§13 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
(2) The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
§14 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause
(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in 78234 Engen, Germany.
(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.
(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
Status of the GTC: December 16th 2021