Terms and Conditions for B2B Customers
General Terms and Conditions and Customer Information (Retailers / B2B)
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Maythe Stavermann) via the website myprettycircus.com , unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our products for sale only to natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the course of their commercial or independent professional activity (entrepreneurs). Contracts with consumers are excluded.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods The essential characteristics of the goods They can be found in the respective offer.
(2) Already upon setting up the respective product On our website, we submit a binding offer to you for the conclusion of a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, you will finally be shown the order details as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method , you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review and change the information in the order summary (including using your browser's "back" button) or cancel the order. By submitting the order via the corresponding button, you legally accept the offer, thereby concluding the contract.
(4) You may also submit a binding offer to enter into a contract (order) by telephone, email, fax or post.
(5) Upon request, we will prepare an individual offer for you, which will be sent to you in writing and to which we will be bound for 5 days (unless a different period is specified in the respective offer). You accept the offer by confirming it in writing.
(6) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers, as well as the shipping costs, are net prices. They do not include statutory value added tax.
(2) Shipping costs are not included in the purchase price and will be calculated separately unless free shipping is offered. Further details can be found under the corresponding button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.
(4) Any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.
(5) You have the payment options shown under the corresponding button on our website or in the respective offer. Unless a different payment term is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due immediately. Discounts are only permitted if expressly stated in the respective offer or on the invoice.
§ 4 Delivery conditions
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. In the case of advance payment by bank transfer, the goods will be dispatched. only after receipt of the full purchase price and the shipping costs with us.
(2) Should a product you have ordered unexpectedly become unavailable despite the timely conclusion of an adequate hedging transaction for a reason beyond our control, you will be informed immediately of the unavailability and any payments already made will be refunded immediately in the event of cancellation.
(3) Shipment is at your own risk. If you wish, shipment can be insured, but you will be responsible for the resulting costs.
(4) Partial deliveries are permitted and may be invoiced separately by us, provided that you do not incur any additional shipping costs as a result.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply:
- damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- in the case of statutory recourse claims that you may have against us in connection with warranty rights.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public statements and pronouncements by the manufacturer.
(3) In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. A remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
§ 6 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the goods subject to retention of title, pledging or assigning them as security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.
(4) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the collateral held by you at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
§ 7 Choice of Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
II. Customer Information
1. Provider's identity
Maythe Stavermann
Burgstraße 35
60316 Frankfurt
Germany
Telephone: 06934875386
Email: shop@myprettycircus.com
2. Information on how the contract came about
The technical steps for concluding the contract and the contract conclusion itself , as well as the correction options, are governed by Section 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order or inquiry, the contract details can be printed using the browser's print function or saved electronically.
These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: October 22, 2024