General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of contract
3. Right to cancel
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter the “GTCs”) of Johanna Klein, acting as "CC Shop (owner Johanna Klein)” (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as the “Customer”) concludes with the Seller in relation to the goods presented by the Seller in its online shop. We hereby object to the inclusion of the customer's own terms and conditions unless otherwise agreed.1.2 These GTCs apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.
1.3 Consumers within the meaning of these GTCs is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of these GTCs is a natural or legal person or a legal partnership which is exercising its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions in the seller's online shop do not represent binding offers on the part of the seller and instead serve as a basis for the customer to submit a binding offer.2.2 The customer can submit the offer using the online order form in the seller's online shop. Once the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contract offer in relation to the goods in the shopping cart 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the delivery of the goods to the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives have taken place, the contract is deemed to have been concluded when the first of the aforementioned alternatives occurred. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by its declaration of intent.
2.4 When an offer is submitted via the seller's online order form, the contract text is saved by the seller after the contract is concluded and is sent to the customer in text form (e.g. as an email, fax or letter) after the order has been placed. The seller will not make the contract text accessible in any additional manner. If the customer sets up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account after entering the corresponding login data.
2.5 Before placing the order through the seller's online order form, the customer can check for input errors by carefully reading the information displayed on the screen. The browser's zoom function, which is used to enlarge the display on the screen, is an effective technical means for better detection of input errors. The customer can correct their entered data during the electronic ordering process using the usual keyboard and mouse functions and then clicks the button that concludes the ordering process.
2.6 The contract can be concluded in German or English.
Order processing and contacting usually take place via email and using automated order processing. The customer must ensure that the email address they provided for the order processing is correct in order for them to receive emails from the seller at this email address. If using SPAM filters, the customer must in particular ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right to cancel
3.1 Consumers generally have a right to cancel.3.2 Further information about the right to cancel can be found in the seller's Cancellation Policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.4.2 The payment option(s) are communicated to the customer in the seller's online shop.
4.3 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.4 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l. et Cie, SCA, 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method "PayPal invoice" is selected, the seller will transfer its payment claim to PayPal. PayPal performs a credit check using the transmitted customer data before accepting the seller's declaration of assignment. The seller reserves the right to refuse the payment method "PayPal invoice" to the customer in the event of a negative credit check result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has specified another payment target for the customer. In this case, the customer can only pay to PayPal with a debt-relieving effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries relating to matters such as the goods, delivery times, shipping, returns, complaints, revocations, consignments and credit vouchers. The general terms of use for PayPal purchase on account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms, are also applicable.
5) Delivery and shipping conditions
5.1 The goods are dispatched using the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the seller's order process is decisive.5.2 If the delivery of the goods fails for reasons which are the fault of the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to costs for shipment if the customer effectively exercises their right to cancel. If the customer effectively exercises their right to cancel, the return shipping costs are determined on the basis of the rules set out in the seller's Cancellation Policy.
5.3 Collections are not possible for logistical reasons.
5.4 Vouchers are sent to the customer as follows:
- by post
6) Retention of title
If the seller makes advance payment, it reserves ownership of the delivered goods until the purchase price owed has been paid in full.7) Liability for defects (warranty) 7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is requested to submit a complaint to the deliverer in the event of goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on their legal or contractual claims for defects.
8) Redemption of promotional vouchers 8.1 Promotional vouchers issued free of charge by the seller with a specific validity period which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the promotional voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 More than one promotional voucher can be redeemed when placing an order.
8.6 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.
8.7 If the value of the promotional voucher is not sufficient to cover the order, an alternative payment method offered by the seller can be selected to pay the difference.
8.8 Promotional voucher credit is not paid out in cash and does not yield interest.
8.9 The promotional voucher will not be reimbursed if the customer returns all or some of the goods paid for with the promotional voucher within the scope of their statutory right to cancel.
8.10 The promotional voucher is only intended for use by the person named on the voucher. The transfer of the promotional campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.9.2 Gift vouchers and remaining voucher credit can be redeemed up to the end of the third year after the year the voucher was purchased. Any remaining credit will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 More than one gift voucher can be redeemed when placing an order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, an alternative payment method offered by the seller can be selected to pay the difference.
9.7 Gift voucher credit is not paid out in cash and does not yield interest.
The gift voucher is transferable. The seller accepts the redemption of the gift voucher by the respective owner in the seller's online shop with debt-releasing effect. This does not apply if the seller is aware of or has grossly negligent ignorance of the respective owner’s ineligibility, inability to act or the lack of authorisation to represent.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding legislation on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.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/odrThis platform serves as a contact point 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 a dispute settlement procedure before a consumer arbitration board.