TERMS AND CONDITIONS
§ 1 Scope, Definitions
(1) For the business relationship between the online shop sliderstraw.com of the Brainchildren GmbH, Dircksenstraße 40, D-10178 Berlin (hereinafter referred to as „provider“) and the Customer (hereinafter referred to as „customer“), the following terms and conditions apply at their time of order valid version. Deviating general terms and conditions of the customer are not recognized, unless the provider agrees to their validity in writing.
(2) The customer is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services can not be predominantly attributed to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the provider on the website www.sliderstraw.com (in the following: „website“), in particular straws and collect these over a button into the shopping cart in a so-called shopping cart. With the button „Buy now“ he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends an automatic confirmation of receipt by e-mail to the customer, in which the customer’s order is listed again and the customer can print out via the function „Print“. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent by separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and conditions, cancellation policy and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is saved while maintaining data protection.
(3) The customer must ensure that the emails sent by the provider can be delivered. Particular attention should be paid to typographical errors in the e-mail address specified in the order and to check periodically the order of the spam folder of the e-mail inbox regularly.
(4) The contract is concluded in German or English.
§ 3 Delivery, product availability
(1) Delivery times specified by the provider are calculated from the time of the order confirmation, provided that the purchase price is paid in advance.
(2) If no copies of the product selected by him are available at the time of the customer’s order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer immediately in the order confirmation.
(4) The provider delivers within Germany with the shipping costs stated on the website. The provider is entitled but not obliged to refuse a delivery to customers in other countries. In the case of rejection, an order confirmation is not required.
§ 4 Retention of title
(1) Until full payment, the delivered goods remain the property of the provider.
(2) The provider reserves the right of ownership of the delivered goods to entrepreneurs until full settlement of all claims arising from an ongoing business relationship.
(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business provided that he is an entrepreneur and has received the written consent of the provider. All resulting claims against third parties, the customer prematurely in the amount of the full invoice value to the provider from. The processing of the goods has no influence on the effectiveness of the assignment. However, the customer remains authorized to collect his claims even after the assignment, without the power of the provider to collect the claims is affected. The provider sees of a collection of the claims as long as no application for opening insolvency proceedings is made, and / or the customer meets its payment obligations to the provider without reduction, and / or not in default.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider, are inclusive of the in each case valid legal value added tax, if not differently indicated.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal.
(3) On occasion of special promotions, the provider may occasionally offer free shipping, which is shown separately on the website. The free shipping can be subject to certain conditions (for example minimum order value).
(4) The goods are shipped by post or forwarding. The provider bears the shipping risk only if the customer is a consumer.
(5) In the event of a cancellation, the customer shall bear the direct costs of the return. Notwithstanding this, the customer does not pay any shipping costs if the ordered goods have been delivered incorrectly or defective.
§ 6 Payment methods
(2) The customer can change the payment method stored in his user account at any time.
(3) The payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider for the year default interest of 5 percentage points above the base rate. If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
(5) The customer is only entitled to offsetting against the provider if his counterclaims have been legally established, are undisputed or have been acknowledged by the provider. A right of retention may only be exercised by the customer to the extent that the counterclaim is based on the same contractual relationship.
§ 7 Warranty, Guarantee
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the provider is 12 months. For used products, which are expressly marked as such, the warranty is limited to 12 months.
(2) If the customer is an entrepreneur, defects must be reported to the provider in writing without delay, but at the latest within two weeks of delivery. The defective goods shall be kept ready for inspection by the provider in the condition in which they are at the time of detection of the defect.
(3) Insignificant, reasonable deviations in dimensions and designs – especially in the case of repeat orders – do not entitle to objections, unless the absolute compliance has been expressly agreed. Product illustrations may differ from the appearance of the delivered products. In particular, there may be changes in the appearance and in the equipment of the products after renewal in the assortment of manufacturers. Claims for defects do not exist if the changes are reasonable for the customer.
(4) The customer is requested to inform the deliverer of the goods of obvious damage (for example, clearly damaged packaging) if he is a consumer. The rights of the customer under paragraph 1 remain unaffected.
(5) An additional guarantee exists with the goods delivered by the provider only if this was expressly delivered in the order confirmation to the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents, significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall be liable only for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the provider has fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies, as far as the provider and the customer an agreement over the condition of the thing made. The provisions of the Product Liability Act remain unaffected.
§ 9 Privacy
(1) The customer agrees with the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract or a consent exists.
(2) Insofar as the customer transmits the data from third parties, the latter assures that he has obtained the consent of the third party and releases the provider from any claims in this regard.
(3) The rights of the customer or the person concerned by the data processing arise in particular from the following standards of the GDPR:
• Article 7 (3) – right to revoke a data protection consent
• Article 15 – Right to information of the data subject, right to confirm and provide a copy of the personal data
• Article 16 – Right to rectification
• Article 17 – Right to erasure (‚Right to be forgotten‘)
• Article 18 – right to restriction of processing
• Article 20 – right to data portability
• Article 21 – Right of opposition
• Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to complain to a supervisory authority
(4) In order to exercise the rights, the customer or the person concerned is requested to contact the provider by e-mail or, in the case of a complaint, to the responsible supervisory authority.
(5) The provider undertakes to have taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk to the persons concerned.
§ 10 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address: https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider in Berlin.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
In case of deviations between the german and english version of the terms and conditions the german version prevails.