Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of cancellation

4. Prices and terms of payment

5. Terms of delivery and dispatch

6. Retention of title

7. Liability for defects (guarantee)

8. Special conditions for the processing of goods according to specific customer requirements

9. Redemption of promotional vouchers

10. Applicable law

11. Alternative dispute resolution

 

 

1) Scope

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Ivonne Wagner (hereinafter ‘Seller’) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter ‘Customer’) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their commercial or independent professional activity.

 

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods in the shopping basket by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

by requesting payment from the customer after the customer has placed the order.

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller does not make the text of the contract available in any other way. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login data, free of charge.

2.6 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address provided by him for the order processing is correct, so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

 

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

 

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment options available to the customer in the seller's online shop will be indicated to the customer.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the ‘PayPal’ payment service is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller provides advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes, even in the event of the assignment of claims.

4.6 If the ‘IMMEDIATELY’ payment method is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter ‘IMMEDIATELY’). In order to pay the invoice amount via ‘SOFORT’, the customer must have an online banking account that is activated for participation in ‘SOFORT’, must identify themselves accordingly during the payment process and must confirm the payment instruction to ‘SOFORT’. The payment transaction is carried out immediately afterwards by ‘SOFORT’ and the customer's bank account is debited. The customer can find more information about the ‘SOFORT’ payment method online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the ‘Wix Payments’ payment service is selected, the payment will be processed by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter ‘Wix’). The customer will be informed of the individual payment methods offered by Wix in the seller's online shop. Wix may use other payment services to process payments, which may be subject to special payment terms that will be separately communicated to the customer if necessary. Further information about Wix Payments is available online at https://de.wix.com/payments.

4.8 If you select a payment method offered by the ‘Klarna’ payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter ‘Klarna’). Further information and Klarna's terms and conditions can be viewed here:

https://www.fine-collectors-minerals.com/zahlungsmöglichkeiten

 

5) Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the regulation set out in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting in a commercial capacity, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has taken the necessary care to conclude a specific hedging transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.5 For logistical reasons, collection by the Customer is not possible.

 

6) Retention of title

If the seller provides advance performance, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for defects (guarantee)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

- the seller has the choice of the type of subsequent performance;

- the limitation period for defects in new goods is one year from delivery of the goods;

- the rights and claims for defects in used goods are excluded;

- the limitation period does not start again if a replacement delivery is made under the warranty for defects.

7.2 The above limitations of liability and shortened deadlines do not apply

- for claims for damages and reimbursement of expenses by the customer,

- in the event that the seller has fraudulently concealed the defect,

- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duty of inspection and notification of defects applies in accordance with § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting in a consumer capacity, they are asked to complain to the delivery agent about any goods delivered that show obvious transport damage and to inform the seller of this. If the customer fails to do so, this will not affect their statutory or contractual rights in relation to the defect.

 

8) Special conditions for the processing of goods according to specific customer requirements

8.1 If, in accordance with the content of the contract, the seller is also responsible for processing the goods in accordance with certain customer specifications in addition to delivering the goods, the customer must provide the seller with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademark rights and personal rights.

8.2 The customer indemnifies the seller from claims of third parties, which they can assert in connection with a violation of their rights by the contractual use of the customer's content by the seller. In this case, the customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is contrary to public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

 

9) Redemption of promotional vouchers

9.1 Vouchers issued by the seller free of charge as part of a promotion and which have a specific period of validity and which cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed in the seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a promotional voucher will not be paid out in cash and does not bear interest.

9.8 The promotional voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

9.9 The promotional voucher is transferable. The seller can provide services to the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorisation, legal incapacity or lack of power of representation of the respective owner.

 

10) Applicable law

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. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

 

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.