Terms & conditions
These General Terms and Conditions (hereinafter "GTC") apply to contracts concluded through the online shop patriciabereni.com located on the web interface www.patriciabereni.com (hereinafter referred to as "web interface") between
Patricie Bereniké Staňková, Ortstraße 2, Habischried ZIP 94253, Germany
Tax number: 170/276/50864
VAT ID: DE285628050
Tel.: +49920 13 75
as a seller
and you as a buyer
1.1 These general terms and conditions (hereinafter "GTC") Oleg Olaf Staněk and Patricie Bereniké Staňková, which are traded on this website under the name "Patricia Bereni - Belle Passion" and fall under the Hotel Schäfflerhof (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer" ) with the seller, the seller will display goods in his online shop. Hereby the inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of goods, unless expressly regulated otherwise.
1.3 Consumer is sense of the terms and conditions. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.4 Subject of the contract - depending on the product description of the seller - can be the purchase of goods by one-time delivery as well as the purchase of goods by permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
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 in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email.
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 the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer.
If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contractual text is saved by the seller and sent to the customer in text form per e-mail after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German, English or Czech language is available for the conclusion of the contract.
2.7 The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have 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 the statutory value added tax. If applicable, additional packaging, delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for prior information has expired. Pre-notification is every message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this , The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given 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 goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 In the case personal pick-up of goods, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters in consultation with the seller. In this case, no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
- by download
- by post
6) Contract duration and contract termination for subscription contracts
6.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the seller's online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and at any time after the minimum term has expired with a notice period of 14 days.
6.2 The right to extraordinary termination for an important reason remains unaffected. There is an important reason if the terminating part cannot be expected to continue the contractual relationship until the agreed termination or until a notice period has expired, taking into account all circumstances of the individual case and weighing up the interests of both parties.
6.3 Terminations must be made in writing or in text form (e.g. by email).
7) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
8.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer has the operator all the content required for processing such as text, images or graphics in the file formats, formats, image specified by the operator - To provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content.
The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third party rights are infringed, in particular copyrights, trademarks and personal rights.
9.2 The customer releases the seller from third-party claims, which they can assert in connection with a violation of their rights by 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 legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller with any claims by third parties without delay, truthfully and completely, all information that is necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
10.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased or until the date specified on the gift voucher . Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of 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 selected to pay the difference.
10.7 The credit of a gift voucher is neither paid out in cash nor interest.
10.8 The gift voucher is transferable
11) Affiliate program
In the affiliate program, Patricia Bereniké Staňková only acts as an intermediary and does not assume any legal liability arising from the business relationship. All rights and obligations shall be borne by the owner or the responsible representative of the relevant shop.
12) Applicable 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 is habitually resident.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
These terms and conditions are valid and effective from January 11, 2020