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A-Loveletter

GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Anusticker) via the website https://www.anusticker.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(3) Our stickers may only be applied to private property. We distance ourselves from any form of vandalism and hereby point out that any sticking onto third-party property constitutes an administrative offense or damage to property.

§ 2 Conclusion of the Contract

(1) The object of the contract is the sale of goods.

(2) By placing the respective product on our website, we are already submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Continue to order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

 

Insofar as you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

 

Before sending the order, you have the opportunity to check the information in the order overview again, to change it (also via the “back” function of the internet browser), or to cancel the order. By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with costs”, “pay” / “pay now” or similar designation), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your inquiries regarding the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout” When selecting a payment method 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 to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, “PayPal” may use other payment services; insofar as special payment conditions apply for this, you will be informed of these separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

 

§ 4 Right of Retention, Reservation of Title

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

 

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

 

(3) If you are an entrepreneur, the following shall apply in addition: a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you already now assign all claims in the amount of the invoice amount that accrue to you from the resale to us; we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves. c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.

§ 5 Warranty

(1) Statutory liability rights for defects exist.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations: a) Only our own specifications and the manufacturer’s product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer. b) In the event of defects, we shall, at our discretion, provide a warranty through rectification or subsequent delivery. If the rectification of defects fails, you may, at your choice, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises in particular from the nature of the goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

  • for culpably caused damages attributable to us arising from injury to life, body, or health and in the case of other damages caused intentionally or by gross negligence;

  • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

  • for items that have been used for a building in accordance with their usual method of use and have caused its defectiveness;

  • in the case of statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law

(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

uncreativeideas GmbH anusticker.de Fürstenwalder Straße 22/23 15234 Frankfurt (Oder) E-mail: info@anusticker.de VAT ID: DE456401974

Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

 

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German. 3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we receive the order, the order data, the legally prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail. 3.3. In the case of inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the “Käufersiegel” quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Service

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

6. Prices and Payment Methods

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne additionally by you, unless free shipping is promised. 6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. 6.4. Costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated 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 for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

 

7. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. 7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your own risk.

8. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by lawyers specializing in IT law from the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

Last updated: 29.11.2022