Terms and Conditions
Terms and Conditions
1)Scope of Application
1.1These General Terms and Conditions of the company GermanChristmasDreams UG (limited liability) (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.3A consumer pursuant to these Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2)Conclusion of the Contract
2.1The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3The Seller may accept the Client's offer within five days,
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.6The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.7In case of an order via the Seller's online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller's online shop prior to submitting his order.
2.8The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.9The German and the English language are exclusively available for the conclusion of the contract.
2.10Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3)Right to Cancel
3.1Consumers are entitled to the right to cancel.
3.2Detailed informations about the right to cancel are provided in the Seller's instruction on cancellation.
4)Prices and Payment Conditions
4.1Payment can be made using one of the methods mentioned in the Seller's online shop.
4.2In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.3If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.4When selecting the payment method "Amazon Payments", payment will be made via the payment service provider Amazon Payments Europe s.c.a., 5 rue Plaetis, L-2338 Luxembourg in accordance with the Amazon Payments Europe conditions of use which can be viewed at https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
4.5When choosing one of the payment methods offered by "PayPal" , the handling of payments is done via the payment service provider PayPal (Europe) S.a..r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can be viewed at https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US, or, in case the Client 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/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US
5)Shipment and Delivery Conditions
5.1Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller's order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2In case the delivery to the client fails since the client could not be found at his address or he did not accept the delivery for any reason, e.g. because he refused to pay duties (custom charges) in his country, the seller is entitled to claim any resulting damage including but not limited to additional expenses, in particular the shipping costs. This shall not apply, if delivery cannot be made due to circumstances beyond the control of the client or if he has been temporarily impeded to receive the offered service, unless the seller has notified the client about the service for a reasonable time in advance. The forgoing shall not affect the regulations of revocation and cancellation in due form.
5.3Personal collection is not possible for logistical reasons.
5.4Displayed delivery times are an estimation and apply to in-stock items only. There is no obligation by the Seller to meet these displayed delivery times.
6)Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
7.1Should the object of purchase be deficient, statutory provisions shall apply.
7.2The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8)Redemption of campaign vouchers
8.1Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online shop and only within the indicated time period.
8.2Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4Only one campaign voucher can be redeemed per order.
8.5The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
8.6If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
8.7The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.8The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller's online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10)Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the domicile of the Client.
11)Code of conduct
The Seller meets the quality standards of Trusted Shops, which can be viewed at https://www.trustedshops.de/tsdocument/TS_QUALITY_CRITERIA_en.pdf
12)Alternative dispute resolution
12.1The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.