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 a supplier (Sita Ayurveda GmbH) via the sitaayurveda.de website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted. (2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity. § 2 Conclusion of the contract (1) The subject of the contract is the sale of goods. (2) As soon as the respective product is placed on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description. (3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been directed back to our online shop, the order data is displayed as an order overview. Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order. By submitting the order via the appropriate button ("buy" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded. (4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer). (5) The processing of the order and the 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 stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 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 at the latest immediately after conclusion of the contract. Our possible specifications on file formats must be observed. (2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context. (3) We do not check the transmitted data for correctness and we do not assume any liability for errors. § 4 Special agreements on the payment methods offered (1) SEPA direct debit (basic and / or company direct debit) When paying by SEPA basic direct debit or by SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit is collected within 1-3 days after the conclusion of the contract. The deadline for submitting the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a return debit due to your fault, you have to bear the bank fee. § 5 Right of retention, retention of title (1) You can only exercise a right of retention if it concerns claims 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 also applies: a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods. b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves. c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of 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 realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us. § 6 Warranty (1) The statutory warranty rights apply. (2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply: - culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence; - as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item. (3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims. (4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: a) Only our own information and the manufacturer's product description apply to the quality of the item, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment 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 deadline does not apply: - culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence; - as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item; - for things that have been used for a building in accordance with their normal use and have caused its defectiveness; - In the case of legal recourse claims that you have against us in connection with warranty rights. § 7 Choice of law, place of performance, place of jurisdiction (1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle). (2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected. (3) The provisions of the UN Sales Convention expressly do not apply. II. Customer information 1. Identity of the seller Sita Ayurveda GmbH, Parsevalstr. 30, 53757 Sankt Augustin firstname.lastname@example.org Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr. We are ready to take part in dispute settlement proceedings before consumer arbitration boards. 2. Information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "conclusion of the contract" of our general terms and conditions (Part I.). 3. Contract language, contract text storage 3.1. Contract language is German. 3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email. 3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically. 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 methods 5.1. The prices listed in the respective offers as well as the shipping costs 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 called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been agreed. 5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer. 5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 6. Delivery conditions 6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer. 6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk.