General terms and conditions of business
- 1 Scope
All offers, deliveries and services through our shop are carried out exclusively on the basis of these General Terms and Conditions (GTC). Deviations from our GTC are not recognized and are hereby rejected.
- 2 Conclusion of contract
By listing an item in our online shop, we make a binding offer to conclude a contract for this item. The contract is concluded when the buyer places the item in the shopping cart at the stated price and completes the purchase there.
- 2.1 Miscellaneous
The conclusion of the contract is also based on the general terms and conditions of the respective platform operator of the online auction. The contract language is German. A contract is only concluded if the contractual partner is based within the Federal Republic of Germany.
- 3 Right of withdrawal
If the customer is a consumer according to Section 13 of the German Civil Code (BGB), he or she has a right of withdrawal in accordance with the following provisions.
- 3.1 Cancellation policy
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB and our obligations in accordance with § 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
Yannick Fischer
Oskar-Hoffman-Str. 36
44789 Bochum
misscloudystudio@gmail.com
- 3.2 Consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the service received and benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, you must pay us compensation for the loss of value. You only have to pay us compensation for the loss of value for the loss of value of the item and for any benefits derived if the use or loss of value is due to handling of the item that goes beyond checking its properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and usual in a store, for example. Items that can be sent as a parcel must be returned at our risk. You must bear the regular costs of returning the goods. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.
end of the cancellation policy
- 4 Warranty
If the customer is a consumer, the warranty period for used items is one year. If the buyer is a person who runs a business, there is no warranty. The statutory provisions also apply. Obvious defects must be reported in writing within two weeks of delivery of the goods, otherwise all claims for defects are excluded.
- 5 Liability
Liability for damages is limited to our own fault and that of our vicarious agents to intent and gross negligence. This does not apply to personal injuries or damages resulting from the violation of rights that are to be granted to the customer according to the content and purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely (cardinal obligations).
- 6 Transfer of Risk
If the customer is an entrepreneur, the risk is transferred to him as soon as the ordered item has been handed over to the person responsible for transport. The statutory provisions apply to consumers.
- 7 Payment
Payment is made using the payment methods offered.