TERMS & CONDITIONS

General Terms and Conditions (AGB)

 

1. Scope

1.1 These General Terms and Conditions (hereinafter "T&C") of Totenwache GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller via the online shop.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity.

 

2. Conclusion of Contract

2.1 The product descriptions in the online shop do not constitute binding offers but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the integrated online order form. By clicking the button that finalizes the order process, the Customer submits a legally binding offer.

2.3 The Seller may accept the Customer's offer within five days by sending a written order confirmation (e-mail) or by delivering the goods. If the Seller does not accept the offer within this period, it shall be deemed a rejection.

2.4 When paying via PayPal or other instant payment methods, the contract is concluded at the time the Customer confirms the payment order.

 

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information can be found in the Seller's Right of Withdrawal (Widerrufsbelehrung).

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4. Prices and Payment Terms
4.1 The prices quoted in the online shop are total prices. According to § 19 UStG (German Small Business Act), no value-added tax (VAT) is charged or displayed. Shipping and delivery costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs such as customs duties, taxes, or bank fees may apply, which must be borne by the Customer.
4.3 Payment options will be communicated in the online shop.

 

5. Delivery and Shipping Conditions

5.1 Goods are delivered to the shipping address specified by the Customer.

5.2 If the delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred.

5.3 In the case of self-collection (if offered), the Seller will inform the Customer when the goods are ready. No shipping costs will be charged in this case.

 

6. Retention of Title (Eigentumsvorbehalt)

The goods remains the property of the Seller until the purchase price has been paid in full.

 

7. Liability for Defects (Warranty)

The statutory provisions for liability for defects shall apply.

 

8. Applicable Law & Jurisdiction

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

8.2 If the Customer is a merchant (Kaufmann), the place of jurisdiction is the Seller's registered office (Bullenkuhlen, Germany).

 

9. Alternative Dispute Resolution

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board but are generally prepared to do so.