Terms and Conditions

General Terms and Conditions (GTC) for orders via www.clarahimmel.net

Below we would like to introduce you to our general terms and conditions, which we use to process and complete your purchase in our online shop www.clarahimmel.net.

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Clara Hedwig, trading as "Clara Himmel" (hereinafter "Seller"), apply to all contracts concluded between a consumer (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

2. Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop 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 an offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, or mail.

2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

– by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. 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 consequence that the customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that concludes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.6 Before submitting the order via the Seller's online order form, the Customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the order is submitted, and can also be corrected there using standard keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal .

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4. Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl 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 terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .

5. Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.

5.3 Self-collection is possible by arrangement.

5.4 Vouchers are provided to the customer as follows:

- by email

– by post

6. Retention of title

If the seller makes advance payments, he retains 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 statutory liability for defects shall apply.

7.2 The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8. Indemnity in case of infringement of third-party rights

If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims made by third parties in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary for the examination of the claims and for a defense.

9. Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a promotional voucher will not be paid out in cash or bear interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may discharge the respective holder's obligations by making a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

10. Redemption of gift vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

10.7 The balance of a gift voucher will not be paid out in cash and will not bear interest.

10.8 The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

11. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12. Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Conditions of participation for Clara Himmel competitions on Instagram and Facebook

1. Competition, eligibility

The individual competitions are organized by Clara Himmel, Voßkuhle 37a, 44141 Dortmund, Germany, and are not affiliated with, sponsored, supported, or organized by Facebook or Instagram. Participation in our competitions is free and voluntary. Participation is open to adults and persons with limited legal capacity with the consent of their legal guardian. By participating in the competition, the participant accepts these terms and conditions.

Clara Himmel reserves the right to change these terms and conditions without notice

2. Procedure and implementation of the competition

The competition takes place on Clara Himmel’s Instagram account ( https://www.instagram.com/_clara_himmel_/ ).

Participation in the Clara Himmel competition is possible exclusively via the comment function on the respective competition post on Clara Himmel's Instagram account ( https://www.instagram.com/_clara_himmel_/ ). Prizes will be drawn exclusively among the participating commenters on that calendar day.

3. Prizes, notifications, consent to publication of winners

The winners will be randomly drawn from all participants after the competition has ended and contacted via direct message on Instagram for the purpose of distributing the prize. They will be asked to provide Clara Himmel with a postal address. Furthermore, the participant agrees that, in the event of a win, their contact details may be shared with a cooperation partner for the purpose of delivering the prize. The participant consents to the publication of their Instagram account on Clara Himmel's Instagram account. Cash payment or exchange of the prize is not possible.

4. Warranty and liability for profits

Some competitions include non-cash prizes from third-party companies, which are raffled off in consultation with Clara Himmel. If such a product is won, Clara Himmel's obligation to the participant is limited to distributing the non-cash prize. Clara Himmel is not liable for any material or legal defects; the company that provided the prize is liable.

5. Early termination of the competition

Clara Himmel reserves the right to terminate the competitions at any time, without prior notice and without giving reasons, or to continue them in a modified form.

Clara Himmel makes use of this provision in particular if the proper conduct of the competition cannot be guaranteed for technical or legal reasons.

6. Exclusion from participation

In the event of a violation of these terms and conditions, Clara Himmel reserves the right to exclude individuals from the competition. Furthermore, individuals who use unauthorized aids or attempt to gain an advantage through manipulation will be excluded. Employees of Clara Himmel and their family members are excluded from participation.

7. Data protection

Clara Himmel will use the winner's submitted data (last name, first name, address, email address) only for the duration of the competition and for the purpose of notifying and distributing the winner. Clara Himmel will only share the data with third-party providers (cooperation partners) commissioned by Clara Himmel to carry out the Advent calendar. These partners are obligated to comply with statutory data protection regulations.

8. Miscellaneous

Otherwise, our general terms and conditions apply

9.Contact

If you have any questions, please contact shop@clarahimmel.net with the subject “Competition”

Clara Himmel

Owner: Clara Hedwig

Vosskuhle 37a

44141 Dortmund

Germany

As of: April 10, 2025