Imprint
Hans Möschl
Schierholz 15
24223 Schwentinental
Telephone: +49 172-4501421
E-Mail: info@goldschmiede-moeschl.de
Terms & Conditions
General Terms and Conditions of the DaWanda Shop “HansiArt”
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the DaWanda Shop “HansiArt” is Hans Möschl, Schierholz 15, 24223 Schwentinental (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the DaWanda Shop “HansiArt” for sale to other DaWanda users. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The Vendor shall deliver the merchandise to destinations in Germany, France and United Kingdom.
(4) Customers shall select the merchandise desired by placing it in their “shopping cart” or by clicking on the button “Proceed Directly to Checkout” (Direkt zur Kasse gehen). The order will be conclusively placed with the Vendor by clicking on the button “Place Order” (“zahlungspflichtig bestellen”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Place Order” (“zahlungspflichtig bestellen”), the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored in the customer’s DaWanda user account and may be viewed by the customer at any time in the DaWanda portal by clicking on the item “My Purchases” (Meine Einkäufe) in the “My DaWanda” (Mein DaWanda) menu.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Prices include turnover tax in the amount of 19%.
(2) The shipping costs are listed in the respective product description under the menu item “Payment & Shipping” (Bezahlung & Versand).
(3) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by redeeming a DaWanda coupon, against pre-payment by bank transfer, against pre-payment using PayPal or against cash payment at pick-up. Together with the contract confirmation (Section 2 paragraph 5), customers shall receive an internet link via e-mail connecting them to the “My Purchases” (Meine Einkäufe) site of the DaWanda portal, which provides further information on the implementation of the purchase.
a) For payments using a DaWanda coupon, customers may enter one or several coupon codes in the “My Purchases” (Meine Einkäufe) site of the DaWanda portal. The coupon value will be credited to the Vendor, and in this way the invoice amount will have been paid for. Where the coupon value is higher than the invoice amount, the coupon shall remain valid for the balance of its amount.
b) Where the customer has selected “Bank Transfer” (Banküberweisung) as the form of payment, the Vendor’s bank account details will be provided in the “My Purchases” (Meine Einkäufe) site of the DaWanda portal. Exclusively transfers denominated in Euros and free of charge for the Vendor shall be accepted for bank transfers from abroad.
c) Where the customer has selected “PayPal” as the form of payment, the button “Click here to pay using PayPal” (Hier klicken, um mit PayPal zu bezahlen) will connect to the PayPal online service, from where payment can be made subsequently.
d) Where the customer has selected “Cash Payment” (Barzahlung) as the form of payment, the merchandise can be picked up at the Vendor’s registered seat.
(4) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) Within two business days after having received payment in full, the Vendor shall submit the merchandise to the shipping company for delivery. Where a product in the shop has been marked “DaWanda Express”, it shall be submitted for shipping in any case already on the first business day following receipt of payment.
(2) Unless otherwise provided for in the item description, the shipping company shall require around two business days from the merchandise having been submitted to it by the Vendor for deliveries made in Germany and – depending on the distance – up to nine business days for deliveries made in other countries.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
(4) Where the customer has selected “Cash Payment” (Barzahlung) as the form of payment, the merchandise will not be shipped. Instead, the customer may pick up the merchandise from the Vendor’s business premises following expiry of two business days after the order date.
Section 5 – Return of merchandise by consumers
(1) Customers who are making purchases as consumers (Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)) are entitled to a right of revocation in accordance with the statutory pre-requisites (Sections 312d, 355 of the German Civil Code). For further details, please see the Revocation Instructions.
(2) The Vendor shall grant a 14 day revocation period to consumers having their permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period.
(3) The Vendor shall allow consumers having their permanent residence outside of Germany to transmit their declaration of revocation also in text form even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form. Should the national laws applicable to the consumer provide for a simpler form than text form (such as a declaration made orally), the declaration of revocation shall also be effective in this simpler form. All consumers may alternatively exercise their revocation right by returning the merchandise in due time.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Final provisions
(1) The Vendor shall collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. To the extent customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
(2) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Cancellation and return policy
Revocation Instructions
Right of revocation
As a consumer, you are entitled to revoke your contractual declarations within fourteen days without providing any reasons, doing so in text form (such as by letter, fax or e-mail)∗ or – provided that the object is made available to you prior to expiry of the above period – you may also do so by returning the object. The period commences running upon your receiving the present instructions in text form, but not prior to your having received the merchandise (in the event of similar merchandise being delivered in recurrent instances, not prior to the receipt of the first partial delivery) and also not prior to the fulfillment of our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 paragraphs 1 and 2 of the Einführungsgesetz zum Bürgerlichen Gesetzbuch (EGBGB, Introductory Law for the German Civil Code) as well as our obligations pursuant to Section 312g paragraph 1 first sentence of the Bürgerliches Gesetzbuch (BGB, German Civil Code) in conjunction with Article 246 Section 3 of the Introductory Law for the German Civil Code. The revocation deadline shall be deemed to have been met where the revocation or the object has been transmitted/shipped in due time.
The revocation is to be directed to:
Hans Möschl
Schierholz 15
24223 Schwentinental
E-Mail: info@goldschmiede-moeschl.de
Consequences of a revocation
In the event of a revocation having been effectively declared, the performance reciprocally received shall be returned and any benefits that may have been enjoyed therefrom (such as interest) are to be surrendered. Should you not be able to return/surrender the performance and benefits accrued (such as benefits obtained from use), or should you be able to do so only partially or in a deteriorated state, you will be under obligation to compensate the lost value in this regard.You will be under obligation to so compensate the lost value and the benefits accrued, in the event of the object having deteriorated and for the benefits having accrued, only to the extent the benefits or the deterioration of the object are the result of the object having been handled or managed in a manner extending above and beyond the review of its characteristics and function. The term “review of an object’s characteristics and its function” refers to the usual testing and tryout of the respective merchandise as is allowed in retail shops, for example.
Objects that it is not possible to ship in packages will be picked up at your premises. Objects that it is not possible to ship in packages will be picked up at your premises.
The obligation to reimburse payments made must be met within thirty days. The period shall commence running for you on the date on which you send the declaration of revocation or the object, and shall commence for us upon our having received them.
∗ Consumers having their permanent residence in France may also declare their revocation without meeting any requirements as to form, and may declare it by telephone, for example; they are not bound to the requirement as to the revocation having to be made in text form.
End of Revocation Instructions
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Exceptions to the right of revocation
The right of revocation shall not exist in the event of distance contracts for the delivery of merchandise produced in accordance with customer specifications, or of merchandise that obviously is tailored to meet personal customer requirements. Whether or not the merchandise delivered is subject to the above exceptions has been set out in the respective product specifications in the DaWanda shop.
Postage and payment policy
Payment:
transfer
PayPal
Cash on Delivery
DaWanda Voucher
Usually 1-2 days after receipt of payment, except when noted otherwise in item description.
