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  • GermanDE-CH-AT
  • English (UK)

General Terms and Conditions

 

of LIFECIRCLES
Ute Hoepker, owner of the company Lifecircles,
Gachenaustr. 1, 82211 Herrsching, Germany, hereinafter referred to as “Seller”.

 

 - Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English -


§ 1 General and Application

(1) The Seller offers mandalas as prints for purchase through the online shop on the website www.lifecircles.de. Following Terms and Conditions are valid in their current version at the time of the order for every business relation between the Seller and his Customers.

(2) Cоnsumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. Customers for the purposes of such terms and conditions are Consumers as well as Entrepreneurs.

(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.


§ 2 Conclusion of the contract

(1) The presentation of the goods on the website of the Seller does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the Site, in particular this may lead to colour variations, as far as reasonable.

(2) The placing of the order by the Customer is carried out on the website of the Seller. The Customer prepares the conclusion of the contract by selecting a suitable product for him. The desired products will be then placed on the shopping basket by the customer.

(3) The order of the Customer is a binding offer to conclude a purchase contract for the ordered goods. The order will be placed by clicking the button “buy”. The Seller will immediately confirm the entrance of the Customerʼs order by email. In this e-mail all essential information concerning the order (contractual text and legal effective General Terms and Conditions) will be transmitted to the Customer. The sales contract becomes legally effective with the receipt of this e-mail.

(4) The complete, or partially, cоnclusion of the contract is subject to correct and punctual supply to the Seller. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable strains to purchase the products. Otherwise the quid pro quo is immediately refunded. In case of non-availability or just partial availability of the goods the Customer is immediately informed.


§ 3 Retention of title and rescission

(1) With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.

(2) With behaviour contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled to withdraw from the contract – if applicable after setting a deadline – and to demand the products back in case that the consideration has not been entirely or completely fulfilled.

(3) The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorised for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfil his payment оbligation.

(4) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.


§ 4 Prices

(1) The quoted price is binding. The price given is to be understood as the final price. Following § 19 paragraph 1 UStG (German Turnover Tax Act), the Seller will not invoice VAT to small entrepreneurs. Incurred shipping costs are included on following delivery cost report of the Seller [Shipping information]. Packaging costs are already included in this delivery costs..

(2) The Customer has a right to compensation only if his counterclaims are legally established or are not denied by the Seller. The right of the Customer to set off against contractual and other claims arising from the initiation or implementation of this contractual relationship remains unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.


§ 5 Payment terms

Customers may pay in advance pre cash / bank transfer or cash on delivery. Cash on delivery is only possible within Germany. Additional costs due to cash on delivery will incur in the amount of 7,00 Euro (Service of the mail-order-firm = 5,00 Euro plus direct delivery fee = 2,00 Euro).


§ 6 Delivery

(1) The Seller delivers only to the countries specified in the shipping information. The delivery takes place to the address specified by the Customer during the order process.

(2) Goods available on stock shall be delivered by the Seller to the Customer within the period specified on the website. The date of dispatch shall be determined (depending on the chosen payment) as in paragraph 3.

(3) In case of payment in advance / bank transfer, the delivery shall take place only after the invoiced amount has been accredited to the Seller’s account.

(4) If the ordered product is not in stock, the Seller will immediately order it, inform the Customer about it and about the expected delivery date. These products would be accordingly labelled on the website. Concerning the subject to correct and punctual supply the Seller refers to § 2 (4) of these regulations.

(5) The Seller is entitled to deliver in partial deliveries, taking into cоnsideration that any conflicting interests of the Customer are not affected. In case a partial delivery, no additional costs will be originated for the Customer.


§ 7 Passing of risk

(1) In case of Consumers: Once the goods have been received by the Consumer, all risk of damage to, or loss of, the goods shall pass to the Consumer.

(2) In case of the Entrepreneur: Once the goods have been given to the shipper, carrier or to the forwarding agent or company, all risk of damages to, or loss of, the goods shall pass to the Entrepreneur.

(3) If the Customer is in default of acceptance, delivery shall be deemed occurred.


§ 8 Right of withdrawal for Consumers

Consumers can withdrawal their contractual statement as follows:


Withdrawal instructions

Right of Withdrawal

You have the right to revoke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within 14 days or – if the goods leave to you before the deadline – by returning the goods. The period starts on receipt of this instruction in text form, however, does not begin before receipt of the thing (by partial delivery of goods of similar type not before receipt of the first partial delivery) and also not before fulfilment of our duties of information according to art. 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our duties according to § 312g paragraph 1 s. 1 BGB (German Civil Code) in connection with art. 246 § 3 EGBGB (Introductory Law to the German Civil Code). The revocation period shall be deemed by sending the revocation or the thing in due time.

Declaration of revocation shall be sent to:

Lifecircles
Ute Hoepker, Inhaberin der Fa. Lifecircles
Gachenaustr. 1
D - 82211 Herrsching
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Cоnsequences of the revocation:

In the case of an effective revocation both parties are bound to return the benefits already consumed and any eventual revenue (e.g., interests). If you are not able to return all, or part of, the goods, or if the goods are degraded, you shall pay compensation for the value of the goods. You do not need to pay compensation for the value of the goods if the degradation is caused due to your examining the goods as it would have been possible for you in a store. You do not need to pay compensation for the value of the goods for the degradation caused due to the designated use. Packet transportable goods have to be returned to our risk. You must bear the costs of returning the goods if the article supplied is in accordance with was ordered, and if the price of the item to be returned does not exceed EUR 40 or if, in the event of the price of the article being higher, at the time of the cancellation the Customer had not paid in full or made a contractually abrade payment. In all other cases there is no charge for the return of the goods. Articles which cannot be sent by post will be collected from you. Obligation to refund payments must be fulfilled within 30 days. The deadline begins for you with the dispatch of the notice of revocation or the item in question; for us it begins with the receipt of the same.

End of the revocation instructions


The right of withdrawal shall not exist, unless otherwise determined, for distant selling contracts for the delivery of goods, which are manufactured according to Customer’s specifications or which are clearly tailored to the Customer’s needs.


§ 9 Return costs in case of withdrawal

As far as the Consumer exercises his right of withdrawal according to §8 from these terms and conditions, he must bear the costs of returning the goods if the article supplied is in accordance with was ordered, and if the price of the item to be returned does not exceed EUR 40 or if, in the event if the price if the article being higher, at the time of the cancellation the Customer had not paid in full or made a contractually abrade payment. In all other cases there is no charge for the return of the goods.

 

§ 10 Implied Warranty

(1) The delivered goods can slightly diverse from the goods shown on the screen. § 2 (1) from these terms and conditions refers to it.

(2) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance if this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.

(3) If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant. Instead of demanding damages in lieu of performance, the Customer may demand reimbursement of the expenses, according to § 284 BGB (German Civil Code), which he has incurred in reasonable reliance on the receipt of performance, save where the purpose of the expenses would not have been achieved. In case of damage compensation in lieu of performance the Customer shall agree with the restrictions of liability § 11(1) from these terms and conditions.

(4) Entrepreneurs shall give notice to the Seller of defective delivered goods at the latest within two weeks after receiving the goods; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice. § 377 HGB (German Commercial Code) is valid for merchants.

(5) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.

(6) The warranty period for Consumers amounts two years from delivery of the product. Deviations of the warranty period for Entrepreneurs: A year from delivery of the product. In the case of used things the warranty period deviates to a year from delivery of the product. The one-year warranty period does not apply if the Seller is accusable of gross culpability, further not in case of personal injury, impairment to health and death of the Customer, in case of a guarantee as well as in case of a delivery recourse in accordance with §§ 478, 479 BGB (German Civil Code). The liability of the Seller according to the Product Liability Act remains unaffected.

(7) Deviating from paragraph 6, the regular limitation period shall apply, if the Seller has fraudulently failed to disclose a defect.

(8) The Seller hands no guarantees in the legal sense over the Customer, unless otherwise agreed. Manufacturer's guarantees remain unaffected.

 
§ 11 Restrictions of liability

(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, he is liable for the violation of the Customerʼs essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.

(2) The preceding restrictions of liability do not concern Customerʼs claims from guarantees and/or products liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Seller is accusable of personal injury, impairment to health and death of the Customer.

(3) The Seller is only liable for his own online shop Site contents. As soon as linking access to other websites is allowed, the Seller refuses any responsibility for the content and design of the external link which is not under his control and which is not maintained by him. Provided that the Seller is aware of illegal contents on external websites, he will immediately block the access to these sites.


§ 12 Copyright

The Customer shall not copy, distribute or make available to the public the acquired work without the permission of the Seller.


§ 13 Final Clause

This agreement shall be gоverned by the laws of the Federal Republic of Germany. Concerning Consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considerate if this allowed protection were detracted through the Consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. § 131 paragraph 4 S. S. 1 No. 6 TDSG (German Teleservices Act) shall remain unaffected. .


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