Terms and Conditions for B2B Customers
General Terms and Conditions and Customer Information (Dealers / B2B)
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 a change is agreed upon in writing between the parties. Differing or conflicting terms and conditions are only valid with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods . The essential characteristics of the goods can be found in the respective offer.
(2) By placing the respective product On our website we make you a binding offer to conclude 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 are stored in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your 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 (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method , you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button, you declare your legally binding acceptance of the offer, which results in the conclusion of the contract.
(4) You can also submit a binding contract offer (order) by telephone, email, fax or post.
Acceptance of the offer (and thus conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which you are informed of the execution of the order or delivery of the goods. is confirmed (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is specified in the respective offer). You accept the offer by confirming it in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, payment terms and shipping costs
(1) The prices and shipping costs stated in the respective offers are net prices. They do not include statutory value added tax.
(2) The shipping costs are not included in the purchase price; they will be charged separately unless free shipping has been promised. Further details can be found under a correspondingly labelled button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
(4) Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.
§ 4 Delivery conditions
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. If payment is made in advance by bank transfer, the goods will be dispatched only after receipt of the full purchase price and the shipping costs with us.
(2) If, contrary to expectations, a product ordered by you is not available for a reason for which we are not responsible despite the timely conclusion of an adequate hedging transaction, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) The shipment is at your own risk. If you so wish, the shipment will be made with appropriate transport insurance, whereby you will be responsible for the costs incurred.
(4) Partial deliveries are permitted and can be invoiced by us separately, provided that you are not charged with additional shipping costs.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by us due to injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
(2) Only our own information and the manufacturer's product description shall be deemed to be agreed upon as the quality of the item, but not other advertising, public praise or statements by the manufacturer.
(3) In the event of defects, we will provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you can demand a reduction in price or withdraw from the contract at your discretion. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has been transferred, pledging or transferring them as security is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities 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. Identity of the provider
Maythe Staverman
Burgstrasse 35
60316 Frankfurt
Germany
Phone: 06934875386
Email: shop@myprettycircus.com
2. Information on the conclusion of the contract
The technical steps for concluding the contract and the conclusion of the contract itself , as well as the correction options, are carried out in accordance with 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 save the complete contract text. Before submitting the order or inquiry, the contract data can be printed out or saved electronically using the browser's print function.
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 29.11.2023