Terms and Conditions (GTC)
§ 1 Scope & Defense Clause
(1) For the substantiated legal relations between the owner of the Internet shop (hereinafter "Provider") and its customer, only the following terms and conditions apply in the current version at the time of order.
(2) Other general conditions of the customer will be rejected.
§ 2 Conclusion of contract
(1) The presentation of the goods on the internet shop is not a binding offer by the supplier to conclude a purchase contract. The Customer shall only be required to submit an order through an offer.
(2) By sending the order via the Internet shop the customer gives a binding offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order the customer accepts these terms and conditions prevail to the legal relationship with the provider alone.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This confirmation is not yet accepting the contract offer by the provider; the purpose is only to inform the customer that the order has been received by the supplier. The declaration of acceptance is done through the delivery of goods or an explicit declaration of acceptance.
§ 3 Reservation of Title
The delivered goods remain the owner's property until the provider has received the full payment.
§ 4 Due
The purchase price has to be payed when the contract becomes active.
§ 5 Warranty
(1) The warranty rights of the customer are based on the general statutory provisions, if nothing else is determined. For claims of the customer to the provider, § 6 of these Terms and Conditions applies.
(2) The limitation period for warranty claims of customers is 2 years for new products and 1 year for used goods. The above reduction of the period of limitation does not apply to damages by the customer due to an injury to life, limb, health, and claims for damages for breach of fundamental contractual obligations. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg the provider has to give the customer the item free of material defects and deficiencies and to give the item to him. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. With entrepreneurs also excluded from the reduction of the limitation is the reliance claim under § 478 BGB.
(3) A guarantee is not explained by the provider.
§ 6 Disclaimer
(1) Claims for compensation by the customer are excluded unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer claims against these claims.
(2) Of the specific exception in section 1 liability claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has to give the customer the item free of material defects and deficiencies and to give the item to him. From the disclaimer also excluded is liability for damage caused by an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Instructions for cancellation
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us: prettysucks e.K., Beatrice Engelmann, Goethestr. 5, 25335 Elmshorn / Germany, +49 176 - 770 754 54, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value ofthe goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model cancellation form
+49 176 - 770 754 54
I/We[*] hereby give notice that I/we[*] cancel my/our contract of sale of the following goods
Ordered on/received on[*]
Order reference number (as shown on dispatch note and parcel label)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate
§ 7 assignment and pledge ban
The assignment or pledge of the customer to the provider claims or rights without the consent of the provider excluded, unless the customer has a legitimate interest in the assignment or pledge.
A customer's right of setoff exists only if its set-off claim has been established or is undisputed.
§ 9 Applicable Law & Jurisdiction
(1) On the contractual relationship between the supplier and the customer to the right of the Federal Republic of Germany. Exceptions to this choice are the mandatory consumer protection provisions of the country where the customer has his habitual residence. The application of the CISG is excluded.
(2) jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if it is the customer is a merchant, a legal entity under public law or a public sector fund.
§ 10 Severability clause
If any provision of these Terms be invalid, the validity of the remaining provisions shall not be affected.