Conditions
Poppi and Peaseblossom Art
Studio & Gift Shop
Address: Imbuschweg 2, 28870 Ottersberg, Germany
Telephone number: +49 4293 6614 769
Email address: info@poppiandpeaseblossom.com
General terms and conditions for a web shop
1. Scope
2. Contracting Party
3. Conclusion of contract
4. Right of Withdrawal
5. Prices and shipping costs
6. Delivery
7. Payment
8. Retention of Title
9. Dispute Resolution
Terms of Service
1. Scope
These general terms and conditions apply to all deliveries from Poppi & Peaseblossom Art Studio & Gift Shop to consumers.
Terms of Service
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Nadya Heemsoth (hereinafter referred to as "Seller”) shall apply to all
contracts concluded between a consumer or a trader (hereinafter referred to as "Client”)
and the Seller relating to all goods and/or services presented in the Seller's online shop.
The inclusion of the Client’s own conditions is herewith objected to, unless other terms
have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless
expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly,
unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with
legal capacity who, when concluding a legal transaction, acts in the exercise of his
commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed
by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal
Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if
the Client does not have a PayPal account, subject to the Terms for payments without a
PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by
means of a method of payment offered by PayPal which can be selected in the online
order process, the Seller hereby declares the acceptance of the Client's offer at the time
when the Client clicks on the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.7 The German and the English language are exclusively available for the conclusion of
the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, prices indicated are total prices.
Sales tax is not listed, since the Seller is a small trader within the meaning of section 19,
para 1 German Turnover Tax Act. Any possible additional delivery and dispatch costs are
specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop.
4.3 When choosing a payment method offered via the payment service "Shopify
Payments", payment will be processed via the payment service provider Shopify
International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04
XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods
offered via Shopify are communicated to the Client in the Seller's online shop. Shopify
may use other payment services to process payments, which may be subject to special
payment terms, to which the Client customer is separately referred. Further information
on "Shopify Payments" can be found at https://www.shopify.com/payments.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area
specified by the Seller to the delivery address specified by the Client unless otherwise
agreed. When processing the transaction, the delivery address specified in the Seller's
order processing shall be decisive. Deviating from this, if the payment method PayPal is
selected, the delivery address deposited by the Client with PayPal at the time of
payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Client as follows:
- by e-mail
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the
non-supply and if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall
apply. Deviating therefrom, the following shall apply to contracts for the delivery of
goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from
delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the
scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period of
limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building
and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with
respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims for defects.
8) Redemption of Campaign Vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the
Seller’s online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed by consumers.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The goods value should meet at least the amount of the campaign voucher. The
Seller will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the
difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any
interest.
8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal
right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 Campaign vouchers are only intended for the use of the person designated on the
voucher. Transferring the campaign voucher to a third party is not permitted. The Seller
is entitled but not obliged to check the entitlement of the respective voucher owner.
9) Redemption of Gift Vouchers
9.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred
to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise
stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of
the third year following the year of the gift voucher purchase. Remaining assets will be
credited to the Client’s voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.
Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase
of other gift vouchers.
9.6 If the value of the gift voucher is not enough for the order, the Client may choose
one of the remaining payment methods offered by the Seller to pay the difference.
9.7 The gift voucher credit will not be redeemed in cash and is not subject to any
interest.
9.8 The gift voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the gift voucher in the Seller’s
online shop. This does not apply, if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
10.2 With regard to the statutory right of cancellation, this choice of law does not apply
to consumers who do not belong to a member state of the European Union at the time of
the conclusion of the contract and whose sole place of residence and delivery address
are outside the European Union at the time of the conclusion of the contract.
11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
