General Terms and Conditions
§1 Scope
(1) These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to all contracts for the sale and/or delivery of movable items concluded via our online shop or via our social media channels (e.g. Instagram, Facebook, WhatsApp, etc.), regardless of whether we manufacture the goods ourselves or purchase them from suppliers, between Jackellien Winkler and Chris Kasela Mbona (owner of the “EXTRALIEBE” brand), Breite Straße 1, 40213 Düsseldorf, +49 (0) 178 5115756, info@extraliebe.de, and you as ours customers. The General Terms and Conditions apply equally to consumers and entrepreneurs.
(2) All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is relevant.
(4) We do not accept different customer conditions. This also applies if we do not expressly object to the inclusion.
§2 Conclusion of contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a contract.
(2) By submitting an order via the online shop by clicking on the “order with payment” button, you are placing a legally binding order.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding declaration of acceptance on our part, unless it also declares acceptance in addition to confirming receipt. We attach another form “(customer specifications for the production of your personal “wig”) to the confirmation email. Ideally, you should inform us of the necessary specifications for the production of your product immediately by email.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the items ordered or to be manufactured.
(5) We can only consider orders for deliveries abroad if there is a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If delivery of the items you have ordered is not possible, for example because the corresponding raw models are not available, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.
§3 Right of withdrawal
(1) If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal in accordance with paragraph 1, you must bear the regular costs of return shipping to the extent permitted by law.
(3) Otherwise, the regulations that are set out in detail in the attached cancellation policy in accordance with Appendix 1 to these General Terms and Conditions apply to the right of cancellation. The provider provides information about the model cancellation form in accordance with the legal regulations in accordance with Appendix 2 to these General Terms and Conditions.
(4) The right of withdrawal does not apply to distance selling contracts
(a) for the delivery of goods that were manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or have exceeded their expiry date would,
(b) for the delivery of audio or video recordings or software, provided you have unsealed the delivered data carriers.
(5) For ordering individual Couture and Atelier models, a non-refundable processing fee is included in the purchase price of 40% of the purchase price included. This fee covers the administrative and creative costs incurred in planning and producing the model, such as: B. Consulting, design draft and creative elaboration. The amount of the processing fee was calculated in such a way that it reflects the actual costs incurred and does not put the customer at an unreasonable disadvantage. The processing fee is part of the purchase price and is therefore not shown separately. By confirming the order, the customer expressly agrees to these conditions.
§4 Delivery conditions and reservation of payment in advance
(1) The raw models are ordered after receipt of payment of 50% of the total amount (advance payment). We are entitled to make partial deliveries as long as this is reasonable for you.
(2) The delivery period is approximately six weeks after receipt of the advance payment unless otherwise agreed or the delivery of the raw models is delayed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract. In the case of payment by direct debit, the delivery time is 12 weeks.
(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to order raw models or other raw materials only after receipt of the full purchase price including shipping costs(Advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the total amount due.
§5 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
(3) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).
§6 Terms of payment and offsetting and right of retention
(1) Payments must be made within five (5) weeks of receipt of our invoice at the latest.
(2) Payments must be made using the payment method you chose in the online shop. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A direct debit authorization issued also applies to further orders until revoked.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same contract.
§7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§8 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations. The limitation period for statutory claims for defects is two years and begins with delivery of the item.
(2) Any seller guarantees expressly given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items. Guarantees can only be effectively agreed in writing or by email.
§9Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to the compensation of foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
§10 Copyrights
We have copyright to all images, films and texts that are published in our online shop or on our social media channels. Any use of the images, films and texts is not permitted without our express consent.
§11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office in Neuss. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations that arise from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.