General Terms and Conditions
Section 1 Validity, definitions of terms
(1) Elke Zettl and Gerhard Jacke GbR, Aschhofen 36, 83620 Feldkirchen-Westerham, Germany (hereinafter “we” or “Leaf Family”) operates an online shop for goods under the website https://www.leaf-family.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in their version valid at the time of ordering, unless otherwise expressly agreed.
2. ‘consumer’ means for the purposes of these terms and conditions any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. ‘entrepreneur’ means a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity, a partnership with legal capacity being a partnership with the capacity to acquire rights and to enter into liabilities.
Section 2 Conclusion of the contracts, storage of the text of the contract
(1) The following rules on the conclusion of the contract apply to orders placed via our online shop under https://www.leaf-family.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding contract offer by successfully going through the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. “Into the shopping cart”, “Into the shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” etc.),
- Entry/checking of address and contact details, selection of payment method, confirmation of the GTC and cancellation instructions,
- Completion of the order by pressing the button “Buy now”. This represents your binding order.
- The contract is concluded by providing you with an order confirmation within three working days to the specified e-mail address.
(4) In the event of the conclusion of the contract, the contract with Elke Zettl and Gerhard Jacke GbR, Aschhofen 36, 83620 Feldkirchen-Westerham, Germany is concluded.
(5) Before ordering, the contract data can be printed out via the print function of the browser or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, shall be carried out by e-mail after the triggering of the order by you, partly automated. We do not save the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). You can also correct it by canceling the order process early, closing the browser window, and retrying the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.
Section 3 Subject matter of the contract and essential characteristics of the products
(1) Our online shop is the subject of the contract:
- The sale of goods. The specific goods offered can be found on our article pages.
(2) The main characteristics of the goods can be found in the article description.
(3) The sales of digital products are subject to the restrictions shown in the product description or otherwise resulting from the circumstances, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublize.
Section 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer the purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment entitlements are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as free of shipping. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
(4) Unless clearly stated differently in the product description, all products offered are ready for dispatch immediately (delivery time: 14 days after receipt of payment).
(5) The following supply area restrictions exist: Delivery takes place to the following countries: Germany, Austria.
Section 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
Section 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This depends on our revocation instructions.
Section 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, body, health or in the event of a breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for material and financial damage resulting therefrom is limited to the damage that is typically foreseeable in the contract. An essential contractual obligation is one whose fulfilment enables the proper execution of the contract in the first place, the violation of which jeopardises the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and to perform the contractually owed service, which is described in Section 3.
Section 8 Contract Language
Only German is available as the contract language.
Section 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for delivered goods is 12 months for entrepreneurs.
(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided upon performance of the contract for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
Section 10 Final Provisions
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the Resale Rights expressly do not apply.
(3) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
Alternative dispute resolution in accordance with Article 14(1) 1 ODR-VO and Section 36 VSBG:
The European Commission provides an online dispute resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr. Consumers have the opportunity to contact [name, address, website of the conciliation body] to resolve their disputes. We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.