Terms and Conditions
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for the online store at
www.tatjanatscherepanov.com
operated by
Tatjana Chum
Tannenweg 11
91074 Herzogenaurach
Email: hello@tatjanatscherepanov.com
- hereinafter referred to as the Provider -
1. Scope
These Terms and Conditions (T&Cs) apply to all contracts regarding the purchase of goods, services, or other items (hereinafter referred to as “goods”) in the online store at the above URL, in the version valid at the time of contract conclusion. These T&Cs apply exclusively. Any terms and conditions of the customer deviating from these will not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online store are a non-binding invitation from the Provider to visitors of the online store to submit an offer to purchase the goods offered.
2.2 The ordering of goods is done via the Provider’s online order form. After selecting the desired goods, entering all mandatory information, and completing all other required steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By ordering, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance is confirmed when the Provider confirms the conclusion of the contract in writing or text form (e.g., by email) and the customer receives this confirmation, or when the Provider delivers the ordered goods and the goods reach the customer, or when the Provider requests payment (e.g., invoice or credit card payment in the order process) and the payment request reaches the customer; the contract is concluded when one of the above alternatives occurs first.
2.3 Before submitting a binding order via the Provider’s online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch, or other available input functions. Additionally, all entries will be displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and will provide it to the customer in text form (e.g., by email). Beyond that, the Provider does not make the contract text accessible.
2.5 The following languages are available for contract conclusion: German, English.
3. Right of Withdrawal for Consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are primarily outside their commercial or self-employed professional activity. Details can be found in the cancellation policy, which will be provided to each consumer at the latest immediately before the conclusion of the contract.
4. Payment and Default
4.1 The prices listed in the online store at the time of the order apply. All prices include statutory VAT and any listed shipping costs. The available payment options are provided to the customer in the online store.
4.2 If "purchase on account/invoice purchase" is agreed upon, payment is due immediately after the conclusion of the contract unless a different payment deadline is specified in the invoice or during the purchase process.
4.3 If payment by credit or debit card is agreed upon, the purchase price is due immediately after the contract is concluded.
4.4 If payment via "PayPal" is agreed upon, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "Sofortüberweisung" is agreed upon, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of Title
The purchased goods remain the property of the Provider until full payment of the purchase price has been made.
6. Delivery and Reservation of Self-Supply
6.1 Unless otherwise agreed, delivery is made within the delivery period specified in the online store to the delivery address provided by the customer. The applicable delivery times are listed in the online store.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the Provider is unable to deliver the ordered goods because they were not supplied without fault, despite a timely, congruent covering transaction with a reliable supplier, the Provider is released from their performance obligations and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already provided by the contracting party will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The provisions of statutory defect liability apply.
8. Liability
8.1 The Provider is liable without limitation:
- for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages caused by intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- based on a warranty promise, provided no other provision has been made in this regard;
- due to mandatory liability (e.g., under the Product Liability Act).
8.2 If the Provider negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the preceding paragraph. Essential contractual obligations are duties imposed on the Provider by the contract to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract and on which the customer regularly relies.
8.3 Otherwise, liability of the Provider as well as the liability of their vicarious agents and legal representatives is excluded.
9. Data Protection
The Provider treats the personal data of customers confidentially and in accordance with statutory data protection regulations. For more information, please refer to the Provider’s Privacy Policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, as long as this choice of law does not deprive a consumer with a usual residence in the EU of mandatory legal provisions of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider’s location, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The location of our company is listed in the title of these T&Cs.
10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.
11. Information on Online Dispute Resolution / Consumer Mediation
The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.
The Provider is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.
Our email address is listed in the title of these T&Cs.