General terms and conditions of business
General terms and conditions and customer information - Right of withdrawal for consumers - Payment and shipping I. General terms and conditions § 1 Basic provisions (1) The following terms and conditions apply to contracts that you conclude with us as the provider (Sergej Rausch) via the website www.goldrausch-onlineshop.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 Conclusion of the contract (1) The subject of the contract is the sale of goods. (2) By placing the respective product on our website, we are making you a binding offer to conclude a contract on the terms and conditions stated in the item description. (3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all the details again, change them (also using the "back" function of the Internet browser) or cancel the purchase. By submitting the order using the "order with payment" button, you declare your legally binding acceptance of the offer, which results in the conclusion of the contract. (4) Your requests for an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days. (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. § 3 Contract term / termination of subscription contracts (1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in text form (e.g. email) 3 weeks before the end of the contract (unless another period is stipulated in the respective offer), it is tacitly extended by the agreed basic term. If the basic term is more than one year, the contract will only be extended by one year at a time. (2) The right to terminate the contract without notice for good cause remains unaffected. § 4 Individually designed goods (1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Our possible specifications for file formats must be observed. (2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context. (3) We do not check the data transmitted for accuracy of content and assume no liability for errors in this respect. § 5 Right of retention, retention of title (1) You can only exercise a right of retention if it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. § 6 Warranty (1) The statutory liability rights for defects apply. (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims. § 7 Choice of law (1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. II. Customer information 1. Identity of the seller Sergej Rausch Kuhrfürstendamm 132a 10711 Berlin Germany Telephone: 49 15227774449 Email: onls@goldrausch-onlineshop.com Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr). 2. Information on the conclusion of the contract The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I). 3. Contract language, storage of the contract text 3.1. The contract language is German. 3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive your order, the order details, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email. 3.3. For quote requests outside of the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically. 4. Codes of conduct 4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf (https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/the-code-of-conduct/) 5. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 6. Prices and payment methods 6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes. 6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised. 6.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer. 6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 7. Delivery conditions 7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer. 7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 8. Statutory liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 9. Contract term / termination Information on the term of the contract and the termination conditions can be found in the "Contract term / termination for subscription contracts" provision in our General Terms and Conditions (Part I), as well as in the respective offer. These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service). last update: 19.11.2018Right of withdrawal for consumers (Consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.)Right of withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period shall be fourteen days from the day - on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered as a single order;- on which you or a third party other than the carrier designated by you takes possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;- on which you or a third party other than the carrier designated by you takes possession of the first goods, provided that you have ordered several goods as part of a single order and these are delivered separately Order goods are delivered for regular delivery over a specified period of time.To exercise your right of withdrawal, you must inform us (Sergej Rausch, Zur Alten Börse 63, 12681 Berlin, telephone number: 493033953553, email address: retoure@goldrausch-onlineshop.com) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model cancellation form for this purpose, although this is not mandatory.To meet the cancellation period, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.Consequences of cancellationIf you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.You will bear the direct cost of returning the goods.You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.Reasons for exclusion or expirationThe right of withdrawal does not apply to contracts- for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;- for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded;- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.The right of withdrawal expires prematurely in the case of contracts- for the delivery of sealed Goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;- for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.Sample cancellation form(If you want to cancel the contract, please fill out this form and send it back.)- To Sergej Rausch, Zur Alten Börse 63, 12681 Berlin, email address: retoure@goldrausch-onlineshop.com :- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)- Ordered on (*)/received on (*)- Name of the consumer(s)- Address of the consumer(s)- Signature of the consumer(s) (only if notification is on paper)- Date (*) Inapplicable delete.Payment and shippingThe following conditions apply:Shipping conditionsDelivery is only within Germany.Shipping costs (including statutory VAT)We calculate the shipping costs according to the order value (gross goods value):Delivery timesIf no other deadline is specified in the respective offer, the goods will be delivered within Germany within 3 - 5 days after conclusion of the contract (if advance payment has been agreed, after the time of your payment instruction).Please note that no deliveries are made on Sundays and public holidays.If you have ordered items with different delivery times, we will send the goods in one shipment unless we have made different arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.Accepted payment options:- Prepayment by bank transfer- Payment by PayPal- Payment by PayPal (credit card, direct debit, invoice if applicable)- Payment by SofortIf you have any questions, you can find our contact details in the imprint.