General terms and conditions with customer information
Table of Contents
1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Tho Neumeier MANOJA Cashmere
(hereinafter "Seller"), apply to all contracts for the delivery of goods, which a
Consumers or entrepreneurs (hereinafter "customer") with the seller with regard to
the goods displayed by the seller in his online shop. This is
the inclusion of the customer's own conditions is contradicted, unless it
something else has been agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who conducts a legal transaction
for purposes that are predominantly neither commercial nor their
can be attributed to independent professional activity. Entrepreneur in the sense
of these terms and conditions is a natural or legal person or a legal person
Partnership which, when concluding a legal transaction, is exercising its
commercial or independent professional activity.
2) Conclusion of the contract
2.1 Provide the product descriptions contained in the seller's online shop
do not constitute binding offers on the part of the seller, but serve for submission
a binding offer by the customer.
2.2 The customer can use the offer integrated in the seller's online shop
Submit online order form. In doing so, the customer gives after having selected the
Goods placed in the virtual shopping cart and the electronic ordering process
has gone through, by clicking the button that concludes the ordering process
legally binding contract offer with regard to the items in the shopping cart
Goods from. Furthermore, the customer can also send the offer to the
Hand over to seller.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or a
Order confirmation sent in text form (fax or email), whereby the
Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods
is decisive for the customer, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract comes in the
Time at which one of the aforementioned alternatives occurs first. The deadline
acceptance of the offer begins on the day after the offer is sent
running to the customer and ends at the end of the fifth day, which is on the
The offer will be sent. Does the seller accept the customer's offer within
If the aforementioned deadline is not met, this is deemed to be a rejection of the offer with the result that
the customer is no longer bound by his declaration of intent.
2.4 If you select one of the payment methods offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at
Validity of the PayPal terms of use, can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account - subject to the terms and conditions for payments
without a PayPal account, can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer pays using
a payment method offered by PayPal that can be selected in the online ordering process,
the seller already declares the acceptance of the customer's offer in the
Time at which the customer clicks the button to complete the order process.
2.5 When submitting an offer via the seller's online order form,
the contract text is saved by the seller and the customer after the contract is concluded
after sending the order in writing (e.g. email, fax or letter)
transmitted. Any further provision of the text of the contract by
the seller does not take place. Provided that the customer before submitting his order a
If you have set up a user account in the seller's online shop, the order data will be stored
archived on the seller's website and can be accessed by the customer via his
Password-protected user account stating the corresponding login data
can be accessed free of charge.
2.6 Before the binding submission of the order via the online order form of the
Seller can tell the customer possible input errors by carefully reading the
Recognize the information displayed on the screen. An effective technical means
For better recognition of input errors, the magnification function of the
Browser, with the help of which the representation on the screen is enlarged. His
The customer can enter data for this long as part of the electronic ordering process
correct the usual keyboard and mouse functions until he completes the ordering process
clicks the final button.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and
automated order processing instead. The customer has to ensure that by him
for the order processing is correct, so that under this
Address the emails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all
by the seller or by a third party commissioned to process the order
sent emails can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the cancellation policy
of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description,
The prices given are total prices that are statutory
VAT included. If applicable, additional delivery and
Shipping costs are specified separately in the respective product description.
4.2 The payment option (s) is / are available to the customer in the online shop of
Communicated by the seller.
4.3 If prepayment by bank transfer has been agreed, payment is to be made immediately after
Conclusion of the contract is due unless the parties have agreed a later due date
to have.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the customer
specified delivery address, unless otherwise agreed. When handling the
The transaction is the delivery address given in the seller's order processing
essential.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible,
the customer bears the reasonable costs incurred by the seller. this
does not apply with regard to the costs of the dispatch if the customer is
Effectively exercises the right of withdrawal. For the return costs applies with effective exercise
the right of withdrawal by the customer in the cancellation policy of the seller
regulation made in this regard.
5.3 The seller reserves the right in case of incorrect or incorrect
to withdraw from the contract due to proper self-delivery. This only applies to the
In the event that the non-delivery is not the responsibility of the seller and the seller is responsible for the
With due diligence, a specific hedging transaction has been concluded with the supplier
Has. The seller will make every reasonable effort to get the goods
procure. In the event of unavailability or only partial availability of the
The customer will be informed immediately of the goods and the consideration will be given immediately
refunded.
5.4 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he reserves the right until the full payment of the
owed purchase price the ownership of the delivered goods.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory provisions apply
Liability for defects.
7.2 Notwithstanding this, the following applies to used goods: Claims for defects are
excluded if the defect is only one year after delivery of the goods
occurs. Defects that occur within one year of delivery of the goods
be asserted within the statutory limitation period. The shortening
however, the one-year liability period does not apply
- for things that, according to their usual use for a building
have been used and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is asked to include the delivered goods
to complain about obvious transport damage to the deliverer and the seller
to inform about this. If the customer does not comply, it does not have any
Effects on his legal or contractual claims for defects.
8) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties
Germany to the exclusion of the laws on international purchase more movable
Were. For consumers, this choice of law only applies to the extent that it is not the one granted
Protection by mandatory provisions of the law of the state in which the consumer
has his habitual residence is withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform on the Internet under the following link
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes
from online purchase or service contracts to which a consumer is a party.
9.2 The seller is to participate in a dispute settlement procedure before a
Consumer arbitration board neither obliged nor willing.