terms & conditions
§ 1 scope of application
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§ 2 conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two weeks after placing the order; your right to withdraw your order, which may exist in accordance with § 3, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(6) If it is not possible to deliver the items you have ordered, for example because the relevant goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§ 1 scope of application
These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Nadia Maria Marino
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two weeks after placing the order; your right to withdraw your order, which may exist in accordance with § 3, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(6) If it is not possible to deliver the items you have ordered, for example because the relevant goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§ 3 right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of revocation in accordance with the statutory provisions.
(2) If you exercise your right of revocation as a consumer, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions which are set out in detail in the following
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us Nadia Maria Marino, Traubenstr. 24 70176 Stuttgart, contact@nadiamariamarino.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation:
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
§ 312g
Right of withdrawal
(1) The consumer has a right of withdrawal in accordance with § 355 for contracts concluded outside business premises and for distance contracts.
(2) Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 4 Terms of delivery and reservation of advance payment
(1) The delivery period is approximately five (5) working days for stock goods, 2-6 weeks for "made-to-order" and "custom made" (depending on expenditure). It begins - subject to the provision in para. 3 - with the conclusion of the contract.
In the case of orders from customers with their place of residence or business in a country of the EU other than Germany or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
§ 6 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs must be paid within two weeks of receipt of our invoice at the latest.
(2) You may pay the purchase price and the shipping costs at your discretion using the payment method specified in our online shop.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 retention of title
the delivered goods remain our property until the purchase price has been paid in full.
§ 8 warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the articles.
§ 10 copyrights
we have copyrights to all pictures, films and texts published in our online shop. 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 shall apply to the exclusion of the UN convention on contracts for the international sale of goods. if you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this 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 registered office of the seller, NADIA MARIA MARINO. otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.