General Terms and Conditions
The following General Terms and Conditions apply to all orders and deliveries of goods ordered by the customer via online shopping from Lydia Schleinitz, decense (sole proprietorship), Bornaische Straße 202b, 04279 Leipzig (hereinafter referred to as “we” or “I”). For all orders you place via the website and for our deliveries and services, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. We do not recognise any deviating provisions of the customer unless we have agreed to their validity in writing.
We assume no liability for translation errors in these terms and conditions and in the entire webshop.
TABLE OF CONTENTS
§ 1 Scope of application and provider identification
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Payment and default
§ 5 Set-off and right of retention
§ 6 Retention of title
§ 7 Shipping costs
§ 8 Delivery
§ 9 Cancellation policy
§ 10 Return shipment
§ 11 Guarantee
§ 12 Transport damage
§ 13 Product illustrations
§ 14 Product care
§ 15 Other information
§ 16 Liability for defects
§ 17 Disclaimer for external links
§ 18 Image rights
§ 19 Alternative dispute resolution
§ 20 Final provision
§ 1 PROVIDER CHARACTERISTICS
a) These general terms and conditions apply to all orders that you place with the online shop of:
decense (sole proprietorship)
Bornaische Straße 202b
Phone: +49 (0) 1778795816
Tax office: Leipzig II
Tax Number: 231/268/04520
Tax ID No.: DE 316 091 586
b) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of customers who contradict our general terms and conditions is already now contradicted.
c) The contract language is exclusively German.
§ 2 CONCLUSION OF CONTRACT
a) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather it concerns a
non-binding request to order goods in the online shop.
b) By clicking the button [“Buy now” / “Buy”]
you make a binding purchase offer (§ 145 BGB). Immediately before
you can check the order again by placing this order
and correct it if necessary.
c) After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order.
(acknowledgement of receipt). This confirmation of receipt does not constitute an acceptance.
of your purchase offer. A contract comes by the confirmation of receipt
has not yet come about.
d) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance. Exception: in case of payment with advance payment and PayPal, the
Acceptance of the order immediately with your order.
§ 3 PRICES
The prices quoted in the online shop are in Euro. As a small entrepreneur in the sense of § 19 Abs. 1 UStG no value added tax is calculated. Shipping costs are not included in the product prices. Further information to the forwarding expenses finds you here: Shipping.
§ 4 PAYMENT AND DEFAULT
a) The payment of an ordered commodity takes place via Vorkasse (SEPA transfer) or PayPal.
b) The choice of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only advance payment to secure our credit risk.
c) If you select the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation. Please always state the order number as the intended purpose.
d) PayPal: This payment method is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg. Information on the use of payment services from PayPal is available at ..:
e) If YOU are in default with a payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder letter, which is sent after the occurrence of the
If a reminder is sent to you by the customer, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in the individual case.
§ 5 INVOICE AND RETRODUCTION RIGHTS
a) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.
b) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 PROPERTY RESERVE
a) The goods shall remain our property until the purchase price has been paid in full.
b) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally
Here it is:
– We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
– If the reserved goods are combined and mixed, we shall acquire
Co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 7 SHIPPING COSTS
We ship within Germany and to some European countries (EU and non-EU).
For packaging, postage and shipping we charge a flat shipping fee of € 4.99 per delivery address and order within Germany for orders under € 100,00. Shipping within Germany is free of charge for orders over € 100,00. The dispatch takes place with Deutsche Post.
We continue to ship to the countries listed at Shipping. The shipping costs depend on the destination.
For deliveries outside the EU, additional customs duties and fees are also payable by the recipient. For more information, please contact your local customs office. Please also note that prepayment may incur foreign bank charges, which you will have to pay. We therefore recommend payment by PayPal or SEPA bank transfer. Customs duties, fees and other handling costs will not be refunded in case of a return.
The costs for the return shipment in case of a return are borne by the customer.
§ 8 DELIVERY
a) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
b) Deliveries are possible within Europe and the USA. The dispatch to other countries is possible after arrangement. Shipping options and costs as well as delivery dates will be communicated to the customer separately.
Delivery dates within Germany:
Unless otherwise agreed, delivery to the delivery address specified by the customer shall take place at the latest within 14 working days (Monday to Friday, except public holidays) after conclusion of the contract with simultaneous payment.
Delivery dates international:
Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer within 21 working days at the latest (Monday to Friday, except public holidays) after conclusion of the contract with simultaneous payment.
Different delivery times apply to custom-made products. The delivery times will be communicated to you separately.
We accept no responsibility for delays in delivery or losses incurred by our postal and logistics service providers.
§ 9 CANCELLATION POLICY
Right of withdrawal
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of revocation, you must
Bornaische Straße 202b
inform you by means of a clear statement (e.g. e-mail or a letter sent by post) of your decision to revoke this Agreement. You can use the revocation form below, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, I shall reimburse to you all payments I have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date I receive notice of your revocation of this Agreement. For this refund I will use the same means of payment as you used for the original transaction, unless we have expressly agreed otherwise; in no event will you be charged for this refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You bear the direct costs of the return. I recommend that you use a registered shipping method such as registered mail, as we cannot refund any items not delivered to us.
You only have to pay for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality. Washed, worn, damaged or soiled items are excluded from return. Goods are also damaged if the label has been removed.
Exclusion or premature expiration of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to contracts for the delivery of goods whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Patterned withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to me.)
To Lydia Schleinitz, Bornaische Straße 202b, 04279 Leipzig, Germany E-Mail: firstname.lastname@example.org
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods.
Ordered on/ Received on
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (required only for paper notification)
§ 10 RETURN
The costs for the return are borne by the customer.
§ 11 WARRANTY
In the event of a material defect, the statutory warranty claims shall apply. If new goods are sold to consumers, warranty claims become statute-barred two years after the start of the statutory limitation period. If the customer is a private end consumer, then a statutory retention period of 2 years applies to our invoices.
§ 12 TRANSPORTDAMAGES
All articles are checked and carefully packed by us. If you receive a damaged shipment, please check the item in the presence of the parcel deliverer and issue a damage confirmation if necessary. Private final consumers receive free replacement against forwarding of the complained article. If this is not possible, they get their payment back.
Business customers bear the risk of damage during transport. A replacement or a refund for goods damaged during transport is excluded for business customers.
§ 13 PRODUCT PICTURES
The products offered in the online shop are illustrated in the form of photographs. The colours of the images may differ from the real product depending on the screen settings. Minor deviations between representation and reality do not represent a defect of the ordered goods.
§ 14 PRODUCT CARE
Please follow the washing instructions on the care labels. In addition, the following care instructions are expressly recommended. We do not take over damages by wrong cleaning.
§ 15 LIABILITY
The statutory liability for defects applies.
§ 16 OTHER NOTES
The products presented in the online shop may no longer be available or available at the time the customer visits the website. The corresponding prices may have changed. We are entitled to make partial deliveries.
§ 17 DISCLAIMER FOR FOREIGNERS LINKS
We refer on our pages with links to Internet pages of other providers. For all these links and their contents we expressly declare that we have no influence whatsoever on the design and contents of the linked pages. We dissociate ourselves hereby expressly from all contents of all linked sides of other offerers on decense.de and do not make ourselves these contents not too own.
§ 18 PICTURE RIGHTS
All picture rights are with us or our partners. A use without explicit permission by the company or our partners is not permitted.
§ 19 ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.
§ 20 CONCLUSION PROVISION
Should one or more clauses of these General Terms and Conditions be invalid, this shall not invalidate the remaining provisions. The invalid provision shall be replaced by a valid provision which corresponds to the presumed intention of the contracting parties.
Last update: 04.05.2020