Terms and conditions and customer information
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (von Düsseln GmbH) via the website www.myheartplace.de. Unless otherwise agreed, the inclusion of your own conditions may be objected to.
(2) Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to either his or her commercial or self-employed professional activity. Entrepreneur is any natural or legal person or legal partnership that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Preresult of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the posting of the respective product on our website, we submit 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 stored in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, select or enter your data accordingly. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before sending the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless otherwise specified in the respective offer).
(5) The processing of the order and transmission of all the information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
Section 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible requirements for file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly inscanst us from all claims of third parties asserted in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
(4) If specified in the respective offer, you will receive a correction template from us, which must be checked by you immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and for notifying us of any errors. We assume no liability for unobjectionable errors.
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
– Invoice: The payment period is 30 days from the dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice).
– Sofortüberweisung: Available in Germany. Your account will be debited immediately after the order has been placed.
– Direct debit: The debit takes place after dispatch of the goods. The time will be communicated to you by e-mail.
– Credit card (Visa/Mastercard): Available in Germany. The debit will be made after shipment of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times. The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit check.
Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
More information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna app can be found here (https://www.klarna.com/de/klarna-app/).
Section 5 Right of retention, retention of title
(1) You can only exercise a right of retention if there are claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
(a) we reserve the ownership of the goods until the full balance of all claims arising from the ongoing business relationship. A pledge or transfer of security is not permitted before the transfer of ownership of the reserved goods.
(b) you can resell the goods in the ordinary course of business. In this case you assign to us already now all claims in the amount of the invoice, you resulting from the resale, that we accept the cession. You are authorized to collect the claim further. If you don't properly meet your payment obligations, we reserve the right however to collect the claim itself.
(c) in the case of connection and mixing of the reserved goods we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
(d) we undertake to release the securities due to us on your request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is up to us.
§ 6 Warranty
(1) there are statutory warranty rights.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you don't follow up, it doesn't affect your legal warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the same by us before submitting the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the product description of the manufacturer shall be deemed to have been agreed as the quality of the goods, but not other advertising, public praise and statements of the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by repair or subsequent delivery. The removal of defects fails, you can demand reduction or withdraw from the contract according to your choice. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated in particular by the nature of the goods or the defect or the other circumstances. In the case of rectification, we must take not the increased costs arising from the shipment of the goods to a location other than the place of performance, unless the shipment is not the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the deadline does not apply:
-culpable damage attributable to us from injury to life, body or health and other damage caused intentionally or grossly negligently;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of goods which, in accordance with their usual use, have been used for a building and which have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law
(1) German law shall apply. For consumers, this choice of law applies only to the extent that this does not deprive the protection afforded by mandatory provisions of the law of the State of the consumer's habitual residence (principle of favouritism).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Ii. Customer
1. Identity of the seller
by Düsseln GmbH
Carl-Friedrich-Gauß-Strasse 64
D-47475 Kamp-Lintfort
Germany
Managing Directors: Michael Wirtz & Rainer Timmen
Telephone: 028429734853
Fax: 028429738388
E-mail: info@vonduesseln.de
HRB 87715 District Court Düsseldorf
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the achievement of the contract
The technical steps to the conclusion of the contract, the conclusion of the contract itself and the corrective possibilities are carried out in accordance with the regulations "the conclusion of the contract" of our general terms and conditions (Part I.).
3. Contract language, contract test storage
3.1. Contract language is German.
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping basket system, the contract data can be printed out via the printing function of the browser or secured electronically. After receipt of the order with us, the order data, the legally required 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 quotation requests outside the online shopping cart system, you will receive all contract data in text form within the scope of a binding offer, e.B. by e-mail, which you can print out or secure electronically.
4. Key features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They are accessible via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are in addition to wear, if not the free shipping is said to you.
5.3. If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as.B customs duties, taxes or transfer fees (transfer or exchange rate fees of credit institutions) to be borne by you.
5.4. Any costs incurred for the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU Member State but the payment has been initiated outside the European Union.
5.5. The payment methods available to you are shown under a appropriately designated button on our website or in the respective offer.
5.6. Unless otherwise stated in the case of the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
6. Delivery
6.1. The terms of delivery, the delivery date, as well as, where appropriate, existing supply quota systems see a similarly designated button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental destruction and accidental deterioration of the sold item during the shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or Uninsured. This does not apply if you have independently hired a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment.
Are done entrepreneur, the delivery and shipment at your risk.
7. Legal law on liability
The liability for defects is based on the "Guarantee" scheme in our Terms and Conditions (Part I).
This terms and conditions and customer information have been prepared by the lawyers of the dealer association, which specialise in IT law, and are constantly checked for legal compliance. The dealer association 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/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 01/01/2022