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Shop policies
Terms and Conditions with Customer Information
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions (hereinafter “T&Cs”) of Lorenz Engel, trading under “KlinikBondage” (hereinafter “Seller”), apply to all contracts for the supply of goods that a customer or business (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller on the spicerack.market platform. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A customer, within the meaning of these T&Cs, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 A business, within the meaning of these T&Cs, is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained on spicerack.market do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the order form integrated on spicerack.market. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer’s offer within five (5) days:
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. 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 their declaration of intent.
2.4 Payment processing via PayPal takes place under PayPal’s conditions. If the Customer selects a PayPal payment method, the contract is concluded at the time the Customer clicks the button that completes the order process.
2.5 The contract text will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email) after the order has been sent.
2.6 Before submitting the binding order, the Customer can identify input errors by carefully reading the on-screen information. An effective technical means of better detecting input errors may be the enlargement function of the browser. During the electronic ordering process, the Customer can correct entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Contract conclusion languages are indicated in the shop interface.
2.8 Order processing and communication generally take place by email and automated systems. The Customer must ensure that the email address provided for order processing is correct and can receive Seller emails.
3) Right of Withdrawal
3.1 Customers generally have a right of withdrawal.
3.2 Further details arise from the Seller’s Withdrawal Policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices indicated are total prices. VAT is not shown, as the Seller is a small business under German VAT law. Additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries outside the European Union, additional costs may arise (e.g. bank fees, currency exchange fees, customs duties, import taxes), which are borne by the Customer.
4.3 The available payment methods are indicated during checkout.
4.4 Payment via PayPal or Stripe is subject to the respective terms of these providers. Stripe Payments Europe Ltd. (Dublin, Ireland) may carry out a credit check and reject certain payment methods in case of negative results.
5) Delivery and Shipping Terms
5.1 Deliveries are made to the delivery address provided by the Customer, unless otherwise agreed.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the resulting reasonable costs.
5.3 For Customers acting as businesses, the risk of accidental loss or deterioration of the goods passes to the Customer once the Seller has delivered the goods to the carrier. For Customers acting as private customers, risk passes upon delivery to the Customer.
5.4 If the Seller cannot deliver due to non-availability, the Seller may withdraw from the contract. In such a case, the Customer will be informed promptly and any payment already made will be refunded immediately.
5.5 Self-collection is not possible.
6) Retention of Title
The Seller retains ownership of the delivered goods until full payment has been made.
7) Liability for Defects (Warranty)
Unless otherwise provided, the statutory liability for defects applies.
7.1 For business Customers:
The Seller has the choice of remedy.
The limitation period for new goods is one (1) year from delivery.
Warranty rights for used goods are excluded.
7.2 Exclusions do not apply in cases of:
claims for damages and reimbursement of expenses,
fraudulent concealment of defects,
goods intended for construction use that caused defects,
obligations to provide updates for digital elements.
7.3 For merchants under German Commercial Code, the duty to inspect and notify defects applies (§ 377 HGB).
7.4 For Customers acting as private customers, it is requested (without obligation) that delivered goods with obvious transport damage be reported to the carrier and to the Seller.
8) Applicable Law
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For private customers, this choice of law only applies insofar as it does not deprive them of mandatory protection under the law of their country of residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr
This serves as a contact point for out-of-court settlement of disputes from online purchase contracts.
9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Right of Withdrawal
Introduction
Customers have the right to withdraw from this contract under the following conditions. A customer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the last item of the order.
To exercise your right of withdrawal, you must inform us (Lorenz Engel, KlinikBondage, Schißlerstraße 3, 86154 Augsburg, Germany, Tel.: +49 17656551470, E-Mail: [email protected]
) of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us). The reimbursement will be made without undue delay and at the latest within fourteen (14) days from the day on which we received notification of your withdrawal from this contract.
For the refund, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply, or may expire early, for contracts concerning:
the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery,
goods that have already been worn or used,
sets that can only be returned as a whole. If the seal of individual parts of a set is removed, the right of withdrawal lapses for the entire set.
B. Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
Lorenz Engel
KlinikBondage
Schißlerstraße 3
86154 Augsburg
Germany
Email: [email protected]
I hereby give notice that I withdraw from my contract of sale of the following order:
Order Number: _______________________
Ordered on ____________ / received on __________________
Name of customer
Address of customer
Signature of customer (only if this form is notified on paper)
Date