Conditions - Terms of Service

§ 1 Scope of application and basis of contract

(1) The following General Terms and Conditions (GTC) apply to the purchase contract concluded between you as buyer/participant and consumer in the sense of § 13 BGB (German Civil Code) and me as seller/organizer for services, the booking of events or the delivery of goods.

§ 2 Prices, shipment fee, payment

(1) You bear the delivery costs, unless the contract is revoked by you. These costs are shown depending on the desired place of delivery and the selected shipping method when ordering before the conclusion of a legally binding purchase contract.

(2) Payment is made by PayPal, by advance payment or in cash at the start of an event. Return debit notes I charge in the actual amount, but at least in the amount of 8.50 €, whereby you reserve the right to prove a lesser damage. If a purchase „on account“ is agreed separately, the invoice is due for payment within 14 days from receipt of the invoice.

§ 3 Offsetting, right of retention

(1) You are only entitled to offset against my claims if your counterclaims have been legally established or I have acknowledged them. As a buyer/participant you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delay in delivery, partial deliveries

(1) If there is a delay in delivery which is based on an intentional or grossly negligent breach of duty for which I am responsible, I shall be liable in accordance with the statutory provisions; any fault on the part of my representatives or vicarious agents shall be attributed to me.

(2) If there is a delay in delivery, which is based on a merely negligent breach of duty, my liability is limited to the foreseeable and typically occurring damage. However, if the breach of duty for which I am responsible relates to the violation of an essential contractual obligation or an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you as the buyer may regularly rely, I shall be liable in accordance with the statutory provisions.

(3) Ich bin zu Teillieferungen und Teilleistungen jederzeit berechtigt, sofern Ihnen dies zumutbar ist.

§ 5 Cancellation of events/workshops/courses

(1) If an event is cancelled, the amount already paid will be refunded.

§ 6 Rights in case of defects

(1) Insofar as the delivered item does not have the quality agreed between you and me or it is not suitable for the use presupposed according to our contract or the use in general or it does not have the properties that you could expect according to our public statements, I am obliged to subsequent performance. This shall not apply if I am entitled to refuse subsequent performance on the basis of statutory provisions. You must grant me a reasonable period of time for subsequent performance.

(2) Subsequent performance shall be carried out at your discretion by remedying the defect (rectification) or delivery of a defect-free item (replacement). You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If I have tried the rectification twice in vain, it shall be deemed to have failed. If the rectification has failed, you are entitled at your option to reduce the purchase price or withdraw from the contract.

§ 7 Other liability

(1) Unless otherwise stated in these GTC including the following provisions, I am liable for a breach of contractual and non-contractual obligations under the relevant statutory provisions.

(2) I am liable for damages – regardless of the legal reason – in case of intent and gross negligence. In case of simple negligence I am only liable:

a)for damages resulting from injury to life, body or health. If untrue statements were made in connection with the previous anamnesis or if health-relevant information was concealed, liability on my part does not apply.

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, my liability is limited to the compensation of the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from paragraph 2 do not apply insofar as I have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, you can only withdraw or terminate if I am responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB = german civil code) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.

§ 8 Retention of title

The delivered goods (reserved goods) remain my property until full payment of all claims arising from this contract.

§ 9 Copyright

As the client, you are solely liable if the execution of an order according to your specifications infringes the rights, in particular the copyrights, of third parties. The client shall indemnify the contractor against all claims of third parties due to such infringement of rights.

§ 10 Final provision, applicable law, severability clause

German law shall apply to my contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Should individual provisions of these GTC be or become invalid in whole or in part, or should they contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

§11 Cancellation policy / Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you have to send me
Nicole Weimert
Die Kräuterzauberin
Bundesstraße 35A
24878 Jagel
Tel.: +49 (0) 4624 – 44 700 98
Email:
mail@kraeuter-zauberin.de

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, I must repay you all payments that I have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by me), without delay and at the latest within fourteen days from the day on which I received the notification of your withdrawal from this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. I may refuse to make a repayment until I have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to me immediately and in any case no later than fourteen days from the day on which you notify me of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

End of the cancellation policy

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