General Terms and Conditions with Customer Information
- Scope
- Offers and Service Descriptions
- Order Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Availability of Goods
- Payment Terms
- Retention of Title
- Customer Account
- Warranty for Material Defects and Guarantee
- Liability
- Storage of the Contract Text
- Final Provisions
1. Scope
1.1. The business relationship between KreativUndCleverLernen, Owner: Anja Hofmann, Hirtgrasstr. 11, 85737 Ismaning (hereinafter “Seller”) and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions in their version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is every natural person who enters into a legal transaction for a purpose that is predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
1.3. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated for the products. Errors excepted.
3. Order Process and Conclusion of Contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart via the Add to Cart button. Within the shopping cart, the product selection can be changed, e.g., deleted. Afterward, the customer can proceed to complete the order process within the shopping cart via the Proceed to Checkout button.
3.2. By clicking the Order with Obligation to Pay button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as use the browser’s “back” function to return to the shopping cart or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute an acceptance of the request. The purchase contract is only concluded if the seller dispatches or hands over the ordered product to the customer within 2 days, or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation, or sending of the invoice. Acceptance can furthermore take place through a payment request directed by the seller to the customer and at the latest by the completion of the payment process. In the case of multiple acceptance processes, the earliest point of acceptance is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound to their offer.
3.4 In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover, or order confirmation is seven instead of two days.
3.5. If the seller allows advance payment, the contract is concluded with the provision of the bank details and the payment request. If payment is not received by the seller within 14 calendar days after the dispatch of the order confirmation despite being due and even after a renewed request, the seller withdraws from the contract with the consequence that the order is void and the seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website for customers who are consumers are inclusive of the applicable statutory value-added tax (VAT).
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Availability of Goods
5.1. As far as advance payment has been agreed upon, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller can withdraw from the contract. In this case, the seller will inform the customer without delay and, if applicable, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will reimburse the customer without delay for any consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates unless otherwise promised and agreed.
5.6 The seller is not responsible to customers who are entrepreneurs for delays in delivery and performance due to force majeure and due to unforeseeable events that significantly impede or make delivery impossible for the seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither they nor the seller are responsible. During the duration of this hindrance, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, they may withdraw from the contract by written declaration after a reasonable grace period set by them or in mutual consultation with the seller.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before the conclusion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.4. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the assertion of further damages for default by the seller. 6.6. The customer is only entitled to a right of set-off if their counterclaims have been legally established, are undisputed, or have been acknowledged by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
For customers who are entrepreneurs, the following applies additionally: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; The buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged, if appropriate or customary in the industry, to adequately insure it at their own expense against theft, fire, and water damage at replacement value. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the rest, the same applies to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against them that arise against a third party by connecting the reserved goods to real estate. The customer must notify the seller immediately of any access by third parties to the goods owned or co-owned by the seller. The costs of a third-party action against execution or an out-of-court release resulting from such interventions shall be borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns the claims arising from resale or any other legal ground concerning the reserved goods (including all current account balance claims) to the seller in full as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorization can be revoked if the customer does not properly fulfill their payment obligations. The seller undertakes to release the securities to which the seller is entitled at the request of the customer, insofar as their total sales value exceeds the sum of all the seller’s outstanding claims from the business relationship by more than 10% (if there is an realization risk by more than 50%). The selection of the securities to be released is at the seller’s discretion. With the settlement of all the seller’s claims from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the seller’s discretion.
8. Customer Account
8.1 The seller provides the customer with a customer account. Within the customer account, the customer is provided with information about the orders and their customer data stored with the seller. The information stored in the customer account is not public.
8.2. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances insofar as this is necessary (e.g., the changed e-mail address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.
8.4. The customer account may only be used following the applicable statutory provisions, in particular the regulations for the protection of third-party rights, and following the seller’s General Terms and Conditions utilizing the access masks and other technical access options provided by the seller. Any other type of use, in particular through external software such as bots or crawlers, is prohibited.
8.5. Insofar as customers store, provide, or otherwise upload content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customers’ content as their own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement originating from the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, as well as reasonableness and the interests of all parties involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and declaration, warnings and formal notices, as well as bans from use.
8.6. Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to back up their data when terminating the customer account.
9. Warranty for Material Defects and Guarantee
9.1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
9.2. A guarantee only exists for the goods delivered by the seller if this was expressly stated. Customers are informed about the guarantee conditions before initiating the order process.
9.3 If the customer is an entrepreneur, they must inspect the goods immediately, without prejudice to statutory obligations to give notice of defects, and notify the seller in writing of recognizable material defects immediately, at the latest within two weeks of delivery, and of unrecognizable material defects immediately, at the latest within two weeks of discovery. Customary, according to quality standards permitted, or minor deviations in quality, weight, size, thickness, width, finishing, pattern, and color are not defects.
9.4 If the customer is an entrepreneur, the seller has the choice between rectifying the defect or delivering a replacement for defective goods.
9.5 Material defects generally become time-barred one year after the transfer of risk for customers who are entrepreneurs, without prejudice to the liability regulations of these General Terms and Conditions, unless mandatory longer periods are prescribed by law, in particular for special provisions regarding the entrepreneur’s recourse. For used goods, the warranty towards customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in accordance with its type and intended use in another item or attached it to another item, the seller is, subject to an express agreement and without prejudice to the other warranty obligations, not obliged within the scope of subsequent performance to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item in the context of a recourse by the customer within the supply chain (i.e., between the customer and their customers).
10. Liability
10.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory requirements for claims.
10.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11. Storage of the Contract Text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by them. With the order confirmation, but at the latest upon delivery of the goods, customers who are consumers also receive a copy of the General Terms and Conditions along with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If customers have created a customer account, they can view their placed orders in their profile area. In addition, the seller stores the contract text, but does not make it accessible on the internet.
11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing, or by reference to an online source.
12. Final Provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is at the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller’s country of domicile. The seller’s right to choose another permissible place of jurisdiction remains reserved.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that no mandatory statutory provisions conflict with this.
12.3. The contract language is German.
12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.