Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Milan Dobras) via the website glow-grow-8943.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order overview, change it (also using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed about them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you choose a payment method offered via "Stripe", payment processing will be handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed about them separately. Further information on "Stripe" can be found at https://stripe.com/de.
(3) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be informed about them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) Statutory liability rights for defects exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
Milan Dobras
Dellbrücker Straße, 258
51469 Bergisch Gladbach
Germany
Phone: 0179 1525304
Email: milan.dobras@gmx.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Formation of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you in addition, unless free shipping is promised.
6.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/