AGB
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to future business relationships with businesses, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with Potpourri Sandra Derag.
By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for concluding the contract is German.
We save the contract text and send you the order details via email, along with a link to our Terms and Conditions. You can also view the Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible online.
4. Delivery conditions
Shipping costs are added to the stated product prices. Further details on shipping costs can be found in the individual offers. Local pickup is possible.
Steinstraße 35, 67657 Kaiserslautern
5. Payment
In our shop you can generally use the following payment methods:
- Prepayment
- PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately. You will receive further instructions during the ordering process.
6. Retention of title
The goods remain our property until full payment has been made.
The following additionally applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for recourse claims under Section 478 of the German Civil Code (BGB) remain unaffected.
For businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents,
-in case of injury to life, body or health
-in case of intentional or grossly negligent breach of duty or malice
-in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
-within the scope of a guarantee promise, if agreed
-to the extent that the scope of application of the Product Liability Act is open.
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents,
-in case of injury to life, body or health,
-in case of intentional or grossly negligent breach of duty,
-in the case of guarantee promises, if agreed, or
-to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded and whose occurrence must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board to resolve disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship even exists. The General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible. We will participate in dispute resolution proceedings before this board.
11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
