General conditions of sale, delivery and payment of Dregeno Seiffen eG

 

represented by the executive board

 

Frau Juliane Kröner, Herr Bodo Krause and Herr Hartmut Hennig
Hauptstrasse 98
09548 Kurort Seiffen, Germany

 

Tel: +49 (0) 37362 7770
Fax: +49 (0) 37362 777-77
Email: info@dregeno.de

 

Tax ID no.: DE 140980618
Registered in the Register of Cooperatives no.: 358

 

valid from 01/02/2017

 

Link to the OS platform / Reference to alternative dispute resolution

 

The European Commission has made available an internet platform for settling disputes online (the ‘OS platform’). The OS platform is designed to serve as a point of contact for out-of-court settlement of disputes involving contractual obligations arising from online sales contracts. The OS platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.

 

We are obliged to settle disputes with consumers before the General Consumer Dispute Resolution Body. Consumers may contact the following consumer dispute resolution body:

 

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.

 

Strassburger Strasse 8
77694 Kehl, Germany
Tel: +49 (0) 7851 79579 40
Fax: +49 (0) 7851 79579 41
Email: mail@verbraucher-schlichter.de

 

The consumer dispute resolution body can be accessed via the following link: General Consumer Dispute Resolution Body

 

§ 1 Scope

 

The conditions of sale, delivery and payment that follow apply to all contracts made between Dregeno Seiffen eG (hereinafter the ‘Vendor’) and the respective consumer with regard to the products and services provided in the online shop operated by the Vendor.

 

The conditions of sale, delivery and payment that follow shall apply exclusively to contracts concluded with consumers within the meaning of § 13 BGB [German Civil Code]. The consumer (hereinafter termed the ‘Customer’) is any natural person who concludes a legal transaction for purposes that can be attributed to neither their commercial nor their independent professional activity.

 

Diverging or supplementary terms and conditions from the Customer will not become part of the contract.

 

§ 2 Formation of the contract

 

The product offering presented in our online shop is non-binding and not a product offering in the legal sense. By clicking on the shopping basket icon the Customer can place the relevant goods in their virtual basket. This process is non-binding and does not represent a contractual offer.

 

The Customer can view the shopping basket at any time by clicking and subsequently activating the ‘To the basket’ button, and can remove the products from the shopping basket again. Equally, the Customer can alter and accept the item quantity in the ‘Quantity’ field. Moreover, the Customer is also able to use the ‘Fast entry’ system to add items to the basket by entering the relevant quantity and item code directly. When the Customer wishes to purchase the products in their shopping basket, they must initiate the order process by clicking on the ‘Continue to shipping and payment’ button.

 

After initiating the order process the Customer has the option of continuing as a guest rather than registering. For this purpose, the Customer is requested to enter their information. The Customer can also choose to register in the online shop and open a customer account. To do this the Customer is required to provide a password. When making purchases in future the Customer will be able to enter just their email address and password to order, without having to enter their data again.

 

Before placing an order, the content of the order including the Customer’s data is summarised on an overview page. Here, the Customer can check and correct all order data. By clicking on the ‘Complete order and pay’ button the Customer is making a binding offer to conclude a purchase contract. The confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract enters into force with this confirmation of receipt.

 

§ 3 Data protection

 

The Vendor collects and stores the Customer’s data required for the transaction to take place. When processing the Customer’s personal data the Vendor shall observe the legal provisions. For more information on this please see the ‘Data protection’ menu option.

 

§ 4 Text save options and access to the contract text

 

During the order process the Customer must confirm that they agree to our General Terms and Conditions of Business. At the same time the Customer has the opportunity to download and save or print these General Terms and Conditions of Business. The Customer may print out the details of their order directly after submitting it. Saving is enabled via the automatic confirmation of receipt by email, as it is saved via the Customer's email program. The contract text is stored on our internal IT systems; after concluding the order the Customer may only access it over the internet, however, if they have registered, i.e. by opening a customer account. In this case the Customer will be able to view their previous orders via the customer login area. Where the Customer has not registered they will no longer have access to the contract text over the internet.

 

The above provisions shall not apply, however, where the contract enters into force exclusively through individual communication.

 

The language of the contract shall be German.

 

§ 5 Prices, shipping costs

 

The prices quoted on the product pages include the legal sales tax and other pricing components with the exclusion of shipping costs, which are calculated in addition.

 

Shipping costs Germany: EUR 5.95 per order; for orders of EUR 80.00 and above we deliver free of charge.

 

Shipping costs European Union: EUR 19.50 per order; for orders of EUR 300.00 and above we deliver free of charge.

 

The Customer is shown the shipping costs through the shopping basket system and on the overview page prior to placing the order.

 

§ 6 Payment

 

The Customer may choose how to pay:

 

  • PayPal & PayPal Express;

  • by Klarna Sofort (previously known as Sofortüberweisung [instant payment transfer]);

  • by Klarna Rechnungskauf [purchase on account] / Ratenkauf [instalment purchase];

  • or by cash on delivery.

 

After placing the order the Customer is led through the payment procedure depending on their chosen method of payment. This gives the Customer all the information regarding how to make the payment. Where the payment has been made by PayPal or Klarna Sofort the goods ordered are shipped immediately following receipt of full payment, as long as nothing else has been agreed between the parties. Order using Klarna Rechnungskauf and Ratenkauf and simply pay the invoice at your convenience within 14 days of receiving the goods, or directly to Klarna for instalment purchase or by credit card.

 

PayPal

 

When paying using a payment method provided by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - where the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

PayPal Express

 

When paying via the ‘PayPal Express’ payment method the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - where you the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. As a Customer, select ‘PayPal Express’ as your method of payment during the online order process and, by clicking on the button for completing the order process, place a payment order with PayPal at the same time as well. Where this method is chosen, the Vendor declares acceptance of the Customer’s offer at the moment when the Customer triggers the payment process by clicking on the button for completing the order process.

 

Klarna Sofort (previously known as Sofortüberweisung [instant payment transfer])

 

The ‘Sofort’ [instant] payment method from Klarna GmbH is a direct payment transfer process. You can find details of Klarna GmbH’s extensive security concept at https://www.klarna.com/de/.
To make the payment you will be automatically directed to the Klarna GmbH secured payment form at the end of the order process. You can then make the transfer in real time from your normal current account. You will also require the PIN and TAN for your online account, as with any other online payment transfer. When paying via ‘Sofort’ your account will be charged upon completion of your order.

 

Klarna Rechnung

 

When purchasing on account with Klarna you will first receive the goods and you then have 14 days before you are required to make payment. You will find further information and Klarna’s complete business terms and conditions on purchase on account here.

 

Please note: purchase on account is only available where the delivery and invoice addresses are identical!

 

Klarna Ratenkauf

 

Pay quickly and conveniently in small monthly instalments. Simply select the product, go to checkout and choose ‘Instalment purchase’ as the payment method. At the end of the month you will receive a single invoice from Klarna detailing all the products you have bought using Klarna Ratenkauf.

 

You can find more detailed instalment purchase conditions for our partner, Klarna, here.

 

Klarna checks and evaluates the data supplied by the consumer and, where there is a legitimate reason, maintains an exchange of data with other companies and credit reporting agencies (credit check). Where the consumer’s creditworthiness has not been proven, Klarna AB can refuse the Customer access to Klarna’s payment methods and must indicate alternative ways of paying. Your personal details will be treated in accordance with the Data Protection Act and will not be passed on to third parties for advertising purposes. You can find out more about Klarna's privacy policy here. (http://klarna.com/pdf/Datenschutz_DE.pdf)

 

Cash on delivery

 

When paying by cash on delivery we levy a cash on delivery charge of €5.00; an additional fee of €2.00 is also applicable, which must be paid to the delivery agent in situ. When the cash on delivery payment method has been selected the shipment will be made immediately after conclusion of the contract. In this case the Customer is obliged to pay the purchase price upon delivery of the goods. Should the Customer refuse, they will be in default of payment.

 

§ 7 Delivery

 

Deliveries are always made from our company headquarters (09548 Kurort Seiffen, Hauptstrasse 98) to the delivery address provided by the Customer. Partial deliveries are only permitted insofar as these are reasonable for the customer. Partial deliveries do not affect the Customer’s rights due to disruptions to services. Additional costs shall only arise where this has been expressly agreed. All circumstances outside of our control (e.g. strike, lockout, obstruction of money and credit flows) are considered force majeure and absolve us from delivery and service obligations for the duration of the circumstance in question. In this event claims for damages cannot be made.

 

§ 8 Delivery times

 

We will process your order immediately and, unless otherwise stated on the product page for the offering, will pass it on to our logistics partners within 2-5 days. Delivery will be handled by DHL within Germany or, for higher-value and larger items, by a logistics company of our choice. Packages for delivery outside of Germany will be handled by DHL Germany and the relevant parcel delivery company in the respective country to which they are being delivered.

 

Since our products are genuine, hand-crafted items made in the Erzgebirge region and produced in relatively small quantities, not all products are always instantly ready to dispatch. Should there be a deviation from the standard delivery date you will be informed immediately by email.

 

If you order several items from us as part of an order for which different delivery periods apply we will send the goods in a single shipment insofar as we have not agreed otherwise with you. In this case, the delivery period that applies to the shipment as a whole shall be the longest delivery period applicable to the individual items in your order.

 

§ 9 Information on calculating the delivery date

 

The deadline for delivery within Germany and the deadline for consigning the goods to the transport company for orders placed from within countries in the European Union begins with payment by immediate transfer, Klarna, PayPal or cash on delivery on the day after the contract has been concluded, and ends when the final day of the deadline draws to a close. Where the last day of the deadline would fall on a Sunday or on a nationally recognised public holiday in the delivery country, the deadline then falls on the next working day instead.

 

Where the goods are returned to the Vendor on account of the transport company commissioned being unable to deliver them to the delivery address specified by the Customer, the Customer shall bear the costs of unsuccessful shipping. However, this does not apply if the Customer was not responsible for the circumstance that led to the delivery not being possible; or if the Customer was prevented from accepting the offered service through no fault of their own.

 

Longer delivery times or later service dates can be agreed upon request. The start of the delivery time or service time we specify presupposes the timely and proper fulfilment of the Customer's obligations.

 

§ 10 Legal right of cancellation

 

Below you will find the legally required information on the requirements and consequences of the right of cancellation. In particular, reference is made to the following cancellation policy.

 

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Cancellation policy for consumers

 

The consumer is any natural person who concludes a legal transaction for purposes that can be attributed to neither their commercial nor their independent professional activity.

 

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a. Right of cancellation

 

You have the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is calculated as 14 days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the goods. To exercise your right of cancellation you must inform us, Dregeno Seiffen eG, Oberheidelberger Strasse 10A, 09548 Kurort Seiffen, Germany, telephone +49 (0) 37362 7770, fax +49 (0) 37362 77777, email info@dregeno.de, of your decision to withdraw from the contract by means of a clear communication (e.g. a letter sent via post, or a message sent via fax or email).

 

You may use the attached sample cancellation form to do this, though this is not mandatory. To stay within the cancellation period it is sufficient that you send the communication regarding exercising your right of cancellation prior to the cancellation period expiring.

 

b. Consequences of cancellation

 

If you withdraw from this contract we shall reimburse any payments that we have received from you, including delivery costs (excluding additional costs resulting from you selecting a different method of delivery from the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received your communication regarding withdrawing from this contract. We will use the same method of payment for reimbursing you that you used for the original transaction, unless we have expressly agreed with you to do otherwise; under no circumstances will you be charged any fees as part of this reimbursement.

 

We may refuse to reimburse you until we have received the goods back again, or until you have provided evidence that you have sent the goods back to us, whichever occurs the soonest. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

 

We shall bear the costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling that was not necessary for checking the nature, characteristics and functioning of the goods.

 

c. Exclusion of the right of cancellation

 

The right of cancellation does not exist for contracts

 

  • for the delivery of goods that are not pre-finished and where the production of these requires an individual selection or stipulation by the consumer, or that are clearly customised to the personal requirements of the consumer;

  • for the delivery of goods that would quickly spoil, or whose expiry date would soon be exceeded;

  • for the delivery of sealed goods that, for hygiene and health protection reasons, are unsuitable for return once their seal has been removed after delivery;

  • for the delivery of goods that, due to their nature, were inseparably mixed with other goods after delivery;

  • for the delivery of alcoholic drinks whose price was agreed upon the conclusion of the contract, but which could only be delivered at the earliest 30 days after the contract had been concluded and whose current value depends on market fluctuations over which the contractor has no control;

  • for the delivery of audio or video recordings or computer software in a sealed package, where the seal has been removed after delivery;

  • for the delivery of newspapers, magazines or illustrated publications, with the exception of subscription contracts.

 

d. Cancellation form

 

If you wish to cancel the contract please fill out this form and send it back to us.

 

To Dregeno Seiffen eG, Oberheidelberger Strasse 10A, 09548 Kurort Seiffen, Germany
Email: info(at)dregeno-shop.de, Fax: +49 (0) 37362 77777

 

I/we (*) hereby cancel the contract I/we (*) concluded regarding the purchase of the following goods (*) / the rendering of the following service (*)

 

_______________________________________________

 

_______________________________________________

 

Ordered on (*) ____________ / received on (*) __________________

 

_______________________________________________

 

Consumer’s name

 

_______________________________________________

 

_______________________________________________

 

Consumer’s address

 

_______________________________________________, ____________________

 

Consumer’s signature (for paper-based communication only), Date

 

(*) Please delete as applicable.

 

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End of the cancellation instruction

 

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§ 11 Returns

 

For returns please always contact our customer service team or use our cancellation form.

 

Should you wish to exercise your right of cancellation, within Germany you will be provided with a return label to use with DHL’s returns service. You can then send the goods back to us at no charge to yourself.

 

Outside of Germany, following a successful cancellation you will receive a notification from us to return the goods indicated to us initially at your own cost and to submit the receipt to us retrospectively. As soon as we have received the return shipment we will reimburse your costs.

 

We will not recognise or accept non pre-paid returns.

 


Items that cannot be sent as parcels will be collected from you within Germany.

 


 

§ 12 Transfer of risk

 

The risk passes to the Customer as soon as the delivery reaches the consumer's reception area.

 

§ 13 Retention of title

 

The goods delivered remain the property of the Vendor up until payment has been received for them in full.

 

§ 14 Warranty

 

In the event of a fault the legal warranty regulations shall apply. Furthermore, you will not receive further guarantees from us in the legal sense. Manufacturer warranties remain unaffected by this.

 

§ 15 Liability

 

A further liability going beyond the guarantee of § 14 of the General Terms and Conditions of Business does not exist. This concerns in particular damages that did not arise regarding the respective contractual object itself. This does not apply in cases of intent and gross negligence. There is likewise no exclusion of liability in the event of injury to life, body or health.

 

Where a breach of essential contractual obligations is concerned, the liability shall be limited to foreseeable damage typical of the contract, insofar as this is based on simple negligence.

 

The limitations of liability also apply in favour of the legal representative of the Vendor or its vicarious agents, insofar as the respective claims are asserted directly against them. The provisions of the Product Liability Act or any separate warranty statements of the Vendor shall remain unaffected.

 

§ 16 Copyright

 

All images, text and graphics for the individual product descriptions included on the internet site operated by the Vendor are in principle subject to copyright and other laws for the protection of intellectual property. All usage and exploitation rights to the images, graphics and descriptions used for the product descriptions are the property of Frau Juliane Kröner (Managing Director, DREGENO SEIFFEN eG). The product images and descriptive texts may not be copied, altered or reproduced on other websites without the prior permission of Frau Juliane Kröner. This applies in particular for the purposes of advertising, presentation or retail, irrespective of whether for commercial or private reasons. Infringements will be prosecuted. Insofar as use of images and graphics especially is made under a previous or, in the case of the infringement, subsequent licensing (licence analogy), the guidelines of the Mittelstandsgemeinschaft für Fotomarketing (MFM) shall apply in the version currently applicable as the assessment basis.

 

§ 17 Final provisions and applicable law

 

In the event that individual parts of the foregoing General Terms and Conditions of Business or their associated enclosures are invalid, this shall not affect the validity of the remaining provisions. Where individual provisions are wholly or partly invalid the contract shall remain in force overall. Insofar as individual provisions are not expressly regulated in the foregoing provisions, or are invalid, the content of the contract in this respect is based on the statutory provisions applicable at the time the contract was concluded.

 

The law of the Federal Republic of Germany applies to the conclusion and settlement of all contracts and other legal relationships between the Vendor and the buyer. For consumers, this choice of law applies only insofar as the protection afforded to the consumer by mandatory provisions of the law of the country in which the consumer is habitually resident is limited. The validity of the UN Sales Convention is excluded.