General Terms and Conditions (GTC) for orders via www.clarahimmel.net
In the following we would like to introduce you to our general terms and conditions, which we use as a basis for processing and processing your purchase in our online shop www.clarahimmel.net.
1.1 These General Terms and Conditions (hereinafter "GTC") of Clara Hedwig, trading under "Clara Himmel" (hereinafter "Seller"), apply to all contracts that a consumer (hereinafter "Customer") has with the Seller with regard to the seller in his goods and/or services presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General 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 represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The seller can 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual 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 usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified 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 payment in advance has been agreed, payment is due immediately after conclusion of the contract.
5. Terms of delivery and shipping
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance.
5.3 Pick-up is possible by arrangement.
5.4 Vouchers are given to the customer as follows:
- by email
– by post
6. Retention of Title
If the seller pays in advance, 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 applies.
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8. Third-Party Infringement Indemnification
If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation 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's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9. Redeeming Promotional Vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit 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 neither be paid out in cash nor will interest be paid.
9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10. Redeeming Gift Certificates
10.1 Vouchers that can be purchased via 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 remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting 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 cannot be used to purchase further Gift Vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11. Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12. Online Dispute Resolution Information
The EU Commission provides a platform for online dispute resolution under 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 purchase or service contracts in which a consumer is involved.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13. Conditions of Participation Clara Himmel Sweepstakes on Instagram and Facebook
1. Sweepstakes, Eligibility
The individual competitions are organized by Clara Himmel, Wellinghoferstr. 44, 44263 Dortmund and are not connected to Facebook/Instagram or are sponsored, supported or organized by them. Participation in our sweepstakes is free and voluntary. Adults and persons with limited legal capacity are entitled to participate with the consent of their legal representative. By participating in the competition, the participant accepts these conditions of participation.
Clara Himmel reserves the right to change these conditions of participation without prior notice
2. Procedure and implementation of the sweepstakes
The competition will take place from December 10, 2021 to March 12, 2021 on Clara Himmel's Instagram account ( https://www.instagram.com/_clara_himmel_/ ).
Participation in the Clara Himmel competition takes place via the comment function for the respective competition posting on Clara Himmel's Instagram account ( https://www.instagram.com/_clara_himmel_/ ) and is only possible via this. The prizes will only be raffled among the comments participating for this calendar day.
3.Prizes, Notifications, Consent to Publication of Winners
After the end of the competition, the winners will be drawn at random from all participants and contacted via direct message via Instagram for the purpose of sending the prize and asked to send Clara Himmel a postal address. In addition, the participant agrees that if they win, their contact details may be transmitted to a cooperation partner for the purpose of delivering the prize. The participant agrees to the publication of his Instagram account on Clara Himmel's Instagram account. A cash payment of the prize or an exchange is not possible.
4. Guarantee and Liability of Winnings
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 towards the participant is limited to passing on this prize in kind. Clara Himmel is not liable for any material or legal defects, but rather the company that made the prize available.
5. Early termination of the Sweepstakes
Clara Himmel is entitled to end the competitions at any time, without prior notice and without giving reasons, or to continue them in a modified way.
Clara Himmel makes use of this regulation in particular if, for technical or legal reasons, it is not possible to guarantee that the competitions will be carried out properly.
6. Exclusion from Participation
In the event of a breach of these conditions of participation, Clara Himmel reserves the right to exclude people from the competition. In addition, people are excluded who use unauthorized aids or gain or want to gain advantages through manipulation. Clara Himmel employees and their family members are excluded from participation.
Clara Himmel uses the transmitted data of the winner (surname, first name, address, e-mail address) only for the duration of the competition and for the purpose of notifying and transmitting the prize. Clara Himmel will only pass on the data to third-party providers (cooperation partners) who have been commissioned by Clara Himmel to implement the Advent calendar. They are obliged to comply with the statutory data protection regulations.
For the rest, our general terms and conditions apply
If you have any questions, please contact firstname.lastname@example.org with the subject “Competition”
Owner Clara Hedwig