General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you have with us as a provider (Richard Sellmer Verlag KG) via the website www.sellmer-adventskalender.com. Unless otherwise agreed, the inclusion of your own conditions you use may object.

(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.

§ 2 Create of the contract

(1) Subject of the contract is the sale of goods .

(2) Already with the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online goods basket system on the conditions specified in the article description.

(3)The contract is concluded via the online goods basket system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Cash" button or "Continue ordering" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.

Insofar as you use an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, immediately, Giropay), you will either be led to the order overview page in our online shop or on the website of the provider of the instant number system forwarded.
If there is forwarding to the respective immediate number of instant system, you can use the corresponding selection or enter your data. Finally, you will be displayed as an order overview on the provider of the immediate number of immediately or after you have been guided back to our online shop.

Before sending the order, you have the option of changing the information in the order overview again, changing (also via the "Back" function "of the internet browser) or canceling the order.
By submitting the order via the corresponding button ("order", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar name) explain the acceptance of the offer, whereby thereby the contract comes about.
 
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.

§ 3 Special agreements on offered payment methods

(1) Payment immediately / Sofortüberweisung
If the payment method is selected immediately / instant transfer, the payment processing is carried out via the payment service provider STJUBE GmbH (Theresienhöhe 12, 80339 Munich, Germany; "immediately"). Immediate GmbH is a company of the Klarna Group (Klarna Bank (publ), Sveafen 46, 111 34 Stockholm, Sweden). The prerequisite for the use of the payment method is immediately that you have an online banking account that is unlocked for this purpose. In the case of the payment process in the context of the order, you must legitimize yourself and confirm the payment instructions immediately. Your bank account is burdened immediately after the order was submitted. You can find more information on immediatelyhttps://www.klarna.com/sofort/.
 
(2) Payment via Klarna
In collaboration with the payment service provider Klarna Bank (Publ) (Sveafen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
The use of the payment methods invoice and/ or installment purchase and/ or direct debit requires a positive credit check. In this respect, we forward your data as part of the purchase and handling of the purchase contract to Klarna for the purpose of address and credit check. Please understand that we can only offer you the number types that are permitted due to the results of the credit check.

You can find more information on Klarna and the Klarna Terms of Use for Germany athttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/userandhttps://www.klarna.com/de/.

(3) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method that is offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et cie, s.c.a. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use further payment services for payment processing; As far as special terms of payment apply, you will be pointed out separately. You can find more information about "PayPal" athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Section 4 of the right of retention, Retention of title

(1) You can only exercise a right of retention, insofar as it is claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) There are legal liability rights.

(2)As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if it was informed of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

Section 6 of the law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).

(2) The place of performance for all services from the business relationships and the place of jurisdiction that exist with us is our seat, unless you are a consumer, but a merchant, legal entity under public law or public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.

(3)The provisions of the UN sales law expressly do not apply.





II. Customer information

1. Identity of the seller

Richard Sellmer Verlag KG
Schmellbachstrasse 25
70565 Stuttgart
Germany
Telephone: 0711742028
Email: info@sellmer-verlag.de


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), called up at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "state of the contract" of our general terms and conditions (part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.

4. Behavioral codes

4.1. We have submitted to the buyer seal quality criteria of the dealer association Management AG, visible at:https://www.haendlerbund.de/de/downloads/Kaeuferiegel/Kaeuferliegelzertifizierungskriterien.pdf.

5. Essential features of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

6. Prices and payment modalities

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed.

6.3. If the delivery is carried out to countries outside the European Union, we may incur additional costs, such as tariffs, taxes or transmission fees (transfer or exchange rate fees of the credit institutions) that are to be borne by you.

6.4. The resulting costs of the transmission of money (transfer or exchange rate fees of the credit institutions) must be borne by you in the cases in which delivery is made to an EU member state, but the payment was arranged outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are consumers, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.

8. Statutory liability law

The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).

These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/de/services/Legal certainty/terms and conditions service.

Last update: 29.11.2022