General terms and conditions of business

General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Doris Lenz) via the website
https://e80b55.myshopify.com/ Unless otherwise agreed, the inclusion of any data you may use
contradicted its own conditions.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that
predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any
Natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, in the exercise of its
self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods including digital content (data created in digital form and
provided) .
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar
you can access the "Shopping Cart" and make changes there at any time. After clicking the "Checkout" or "Continue to
order" (or similar term) and entering personal data as well as payment and shipping conditions
Finally, the order data will be displayed as an order overview.
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 cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now",
"order for a fee" or similar term) you are making a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email),
in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order.
In this case, services provided will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place
by email is partly automated. You must therefore ensure that the email address you have provided to us is correct,
the receipt of emails is technically guaranteed and in particular is not prevented by SPAM filters.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a
License to use by the respective licensor. The type and scope of the license to use are determined from the respective offer
mentioned license terms.
§ 4 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 email immediately after conclusion of the contract at the latest. Our possible specifications for
File formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights,
trademark rights) or violate any existing laws. You expressly release us from all claims
This also applies to the costs of the necessary services in this context.
legal representation.
(3) We do not check the transmitted data for accuracy of content and therefore assume no liability for errors.
§ 5 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) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full
Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of
of the invoice amount that you accrue from the resale to us, we accept the assignment. You are further obliged to
We are authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right
However, we intend to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value
the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our
Collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is our responsibility.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
Please check for transport damage and report any complaints to us and the carrier as soon as possible. If you do not do this,
This has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you
We have informed you of this before submitting the contract and the deviation has been expressly and separately
agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, not
but other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the remedy of the defect fails,
you can choose to demand a reduction or to withdraw from the contract. The remedy of the defect is deemed to be
Attempt shall be deemed to have failed unless the nature of the goods or the defect or other circumstances indicate otherwise.
In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a
other place than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by our negligence resulting from 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 use and whose defectiveness
caused;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not affect the contractual relationship
the protection afforded by the State of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Doris Lenz
block angle 47
27251 Scholen
Germany
Phone: 04245-9997974
E-Mail: doris@delamira.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations "Conclusion of the contract" 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 via the online shopping cart system
The contract data can be printed out or saved electronically using the browser's print function. After receipt of the
When you place an order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions
Terms and Conditions will be sent to you again by email.
4. Essential characteristics 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 terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be paid via a correspondingly labelled button on
our website or in the respective offer, are shown separately during the ordering process and are
You will have to pay additional costs unless free shipping has been promised.
5.3. The payment methods available to you are listed under a correspondingly designated button on our
website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately
due for payment.
6. Delivery conditions, provision
6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the terms of
Provision of digital content can be found under a correspondingly labelled button on our website or in the
respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration
of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned another person to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who are specialized in IT law and are
permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in
In the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
last updated: November 29, 2022