Terms and Conditions
1. Scope of Application
1.1 Contractual Parties
These General Terms and Conditions of Sale ("GTC") shall apply to all purchase contracts concluded between Paperlux GmbH, Schulterblatt1, 20357 Hamburg, Germany (hereinafter referred to as Vendor), Telephone:+49 40 430 94 80-0, e-mail: email@example.com, entered in the Commercial Register of the Hamburg District Court under registration number HRB 90984, VATID No. in accordance with §27 a of the German Value Added Tax Act DE236239213 and the person seeking acquisition of goods (hereinafter referred to as Purchaser) via our online shop (Online Shop), accessible via the website www.onna-mask.de. The version of the General Terms and Conditions valid at the time of conclusion of the purchase contract is decisive. We do not accept any deviating general terms and conditions of business from you, unless we expressly agree to their validity in writing.
The online shop offer is directed exclusively at consumers.According to § 13 of the German Civil Code (§ 13 BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
2. Conclusion of Contract
2.1 Customary Order Quantities;Minimum Order Value
Orders in the Online Shop may not exceed quantities that are customary for consumers. The customary order quantity is exceeded if either the order total is more than 100 pieces of the same article per order or total is more than 100 pieces of the same article in 10 consecutive orders. In addition, we can only accept orders with a minimum order value. The minimum order value shall be indicated in the price information provided in our Online Shop.
2.2 Order Process
The presentation and advertising of products in our Online Shop does not constitute a binding offer to conclude a sales contract. You can select goods from our Online Shop assortment and collect them in a virtual so-called shopping cart (hereinafter referred to as Shopping Cart) by clicking the button"add to cart". By clicking the button "Buy (place order)",you submit a binding request to purchase the goods in the shopping cart. Before sending your order, you can correct the data at any time by using the correction aids provided and explained in the order process. By sending your order by clicking the button "Buy (place order)" you are placing a legally binding order. However, your request can only be submitted and transmitted to us if you agree to the validity of these General Terms andConditions of Business by ticking the appropriate box, thereby including them in your request and declaring that you have taken note of and understood the consumer cancellation policy and our data protection information.
2.3 Conclusion of the PurchaseAgreement
We, the Vendor, will then send you an automatic confirmation of receipt by
e-mail ("Order Confirmation"), in which your order will bel isted again and which you can print out using the "Print" function. The confirmation of receipt merely documents that we have received your order and does not constitute acceptance of your order request. The contract of sale shall only come into effect when we issue the declaration of acceptance, which is sent in a separate e-mail ("Order Confirmation"), or at the latest when the goods are delivered. The Purchaser will be sent the contract content(consisting of the order, terms and conditions and order confirmation) by theVendor on a permanent data carrier (e-mail or hard copy) in the order confirmation or in a separate e-mail, but no later than upon delivery of the goods. The contract content will be stored in compliance with data protection.You can view past orders under your customer account, if you are registered.The registration of a customer account is not a prerequisite for ordering.
2.4 Contract Language
The conclusion of contract shall be issued in German.
3. Consumer Right of Withdrawal
3.1 Withdrawal Policy
When concluding a distance sales transaction, the Purchaser principally has a legal right of withdrawal, about which we inform you in accordance with the legal sample below. The exceptions to the right of withdrawal are regulated in section 3.2. A sample withdrawal form can be found in Section 3.3.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must explicitly inform us by sending e.g. a postal letter, fax or e-mail to:
Paperlux GmbH Schulterblatt 1
Telefon: +49 40 430 94 80-0
with your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although its use is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification to exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different method of delivery to the lower priced standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. Reimbursement will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this reimbursement. We may refuse to refund payment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before expiration of the fourteen-day period. The Purchaser is responsible for bearing the actual costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to unnecessary handling of the goods beyond checking their condition, properties and functionality.
3.2 Exclusion of the Consumer Right of Withdrawal
The Right ofWithdrawal does not exist in the case of:
3.2.1 Contracts for the delivery of sealed goods which are not suitable for return due to reasons of health protection or hygiene, if their seal has been removed after delivery;
3.2.2 Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or specification by the consumer is necessary or which are clearly tailored to the personal needs of the consumer;
3.2.3 Contracts for the supply of goods which are likely to spoil quickly or whose expiration date would be quickly exceeded.
3.3 Sample Withdrawal Form
Please find a sample withdrawal form for your convenience below:
Sample Withdrawal Form
To exercise the Right of Withdrawal, please fill out this form and send it to:
Paperlux GmbH Schulterblatt 1
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the rendering of the following service (*)
Order date (*)
Date received (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature Consumer(s) (only by non-digital communication)
(*) Delete as appropriate
4. Terms of Payment
All prices quoted in the online shop include the applicable statutory value added tax, and are exclusive of shipping costs.
4.2 Shipping Costs
The shipping costs are indicated to the customer in the order form and shall be borne by the customer, unless the customer exercises his right of withdrawal. We will inform you about the shipping costs before you are able to put the goods into the shopping cart.
4.2.1 Shipping within the Federal Republic of Germany
For shipping within the Federal Republic of Germany, orders with a value of 95.00 EUR and greater will be delivered free of charge. For orders with a value of up to 94.99 EUR per order, the shipping costs amount to 6.00EUR.
4.2.2 Overview of shipping costs for delivery outside of Germany
4.3 Payment Methods
You can pay for the goods using the "PayPal" payment service provided by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). You will be redirected to the PayPal website after submitting your order. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
4.3.1 Payment via PayPal
If you have chosen the payment method "PayPal", you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.
The goods shall be dispatched by post. The supplier bears the shipping risk if the customer is a consumer. The customer has to bear the direct cost for the return shipping in case of a revocation.
5.1 Delivery Restrictions
We only deliver to consumers in Germany and within the EU, or to those consumers who have a delivery address in the countries mentioned in section 4.2.2. The goods are dispatched by post. In case of a revocation, the customer shall bear the direct cost of the return shipment.
5.2 Delivery Times
Delivery times indicated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, delivery shall take place within 3-5 days. Insofar as delivery to some of the countries mentioned in section 4.2.2 may take longer in exceptional cases, we will expressly advise you of this during the ordering process.
5.3 Availability of Goods
If no units of the selected product are available at the time of your order, we will inform you of this immediately in the order confirmation.If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
6. Retention of Ownership
The delivered goods shall remain our property until we have received full payment.
7. Warranty for Material Defects, Guarantee
We shall be liable for material defects in accordance with the statutory provisions applicable to such defects. An additional guarantee for the goods delivered by us exists only if we have expressly declared this for the respective article.
Your claims for damages are excluded. Excluded from this are your claims for damages for injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are due to the intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
8.2 Liability for the Breach of Essential Contractual Obligations
In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it involves claims for damages arising from injury to life, body or health.
8.3 Legal Representatives,Vicarious Agents; Fraudulent Intent; Product Liability Act
The restrictions of Sections 8.1 and 8.2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them. The limitations of liability resulting from Sections 8.1and 8.2 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have reached an agreement with you on the quality of the item. The provisions of theProduct Liability Act shall remain unaffected.
9.1 Applicable Law
The law of the Federal Republic of Germany shall apply, with the exception of the mandatory provisions of the state in which you have your habitual residence.
9.2 Place of Jurisdiction
If you do not have a general place of jurisdiction or residence in the Federal Republic of Germany or your usual place of residence is not known at the time of the commencement of legal proceedings, our registered office shall be determined as the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
9.3 Customer Service
You can contact our customer service for questions, claims and complaints regarding your order from Monday to Friday 9:30 a.m. to 5:00 p.m. under the telephone number +49 40 430 94 80-0 and by e-mail at firstname.lastname@example.org.
9.4 Settlement of Disputes
The EU Commission has created an Internet platform for online dispute settlement. The platform serves as a contact point for an out-of-court dispute settlement concerning contractual obligations that arise from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
GTC issued in April 2020