Terms and Conditions for the online shop at the URL https://jessicaprautzsch.com/ operated by

 

Jessica Prautzsch
Emsdettener Str. 10
c/o Postflex #3903
48268 Greven

Email: info@jessicaprautzsch.com
Phone number: 00491765801302

Hereinafter referred to as: “Provider”

 

1. Scope of Application

These Terms and Conditions (T&Cs) apply, upon their inclusion, to all contracts for the purchase of goods, services, or other items (hereinafter “goods”) in the online shop at the aforementioned URL in the version valid at the time of the contract conclusion. These T&Cs apply exclusively. Deviating T&Cs of the customer do not become part of the contract unless the Provider explicitly agrees to them.

 

2. Contract Conclusion

2.1 The offers in the online shop represent a non-binding invitation from the Provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 The ordering of goods is done through the Provider’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contract offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the contract in writing or text form (e.g., by email) and this confirmation is received by the customer, or when the Provider delivers the ordered goods and the goods are received by the customer, or when the Provider requests payment from the customer (e.g., invoice or credit card payment in the order process) and the payment request is received by the customer; the time of contract conclusion is determined by whichever of these alternatives occurs first.

2.3 Before submitting a binding order via the Provider’s online order form, the customer can review and correct their inputs at any time using the usual keyboard, mouse, touch, or other available input functions. Additionally, all inputs are displayed again in a confirmation window before the binding order is submitted, and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). The Provider does not make the contract text accessible beyond this. If the purchase was made through a customer account in the online shop, the customer can view their orders and related order data there.

2.5 The following languages are available for the conclusion of the contract: German, English.

 

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. Details can be found in the cancellation policy, which is made available to each consumer at the latest immediately before the conclusion of the contract.

 

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory VAT and any applicable shipping costs. The available payment methods are communicated to the customer in the Provider’s online shop.

4.2 If payment by credit or debit card is agreed upon, the purchase price is due immediately after the conclusion of the contract.

4.3 If payment via “PayPal” is agreed upon, the purchase price is due immediately after the conclusion of the contract. 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.

 

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

 

6. Delivery and Self-Delivery Reservation

6.1 Unless otherwise agreed, delivery is made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the Provider is unable to deliver the ordered goods because they were not supplied to the Provider without their fault, despite timely conclusion of a congruent hedging transaction with a reliable supplier, the Provider is released from their performance obligation and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Already rendered payments of the contractual partner will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.

 

7. Warranty

The statutory provisions on defect liability apply.

 

8. Liability

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• due to a guarantee promise, unless otherwise regulated;
• due to mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently violates an essential contractual obligation, the Provider’s liability is limited to the foreseeable, typical contractual damage, unless unlimited liability is provided for in the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the customer may regularly rely.

8.3 Otherwise, the Provider’s liability as well as the liability of their vicarious agents and legal representatives is excluded.

 

9. Data Protection

The Provider treats the personal data of their customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the Provider’s privacy policy.

 

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Law, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory legal provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s place of business has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The location of our company is indicated in the header of these T&Cs.

10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.

 

11. Information on Online Dispute Resolution / Consumer Dispute Resolution

The EU Commission provides a platform for online dispute resolution at the following link: 

https://ec.europa.eu/consumers/odr.

The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the header of these T&Cs.