AGB
These terms and conditions apply to all contracts concluded between
Just a decent day
Proprietor: Jingjing Qi
Steinhagen 4
31535, Neustadt
Germany
(hereinafter "Provider" or "we") and our customers (hereinafter "Customer" or "you") exclusively using means of distance communication (e.g., via the Internet or by telephone) in our online shop. For contracts concluded in our offline shop (retail store), the conditions included there apply.
(hereinafter "Provider" or "we") and our customers (hereinafter "Customer" or "you") exclusively using means of distance communication (i.e., e.g., via the internet or by telephone) in our online shop. For contracts concluded in our offline shop (retail store), the conditions included there apply.
§ 1 Scope, Definitions
For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions and contract offers of the Customer are hereby rejected.
A customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The Customer can select products from our assortment and collect them in a so-called shopping cart using the button ("Button") "add to cart". By clicking the "Submit Order" or "Checkout" button, the Customer submits a binding offer to purchase the goods in the shopping cart.
(2) Before submitting the order, the Customer can at any time change, view, and correct the data entered. However, the Customer's application can only be submitted and transmitted if the Customer accepts these General Terms and Conditions during the ordering process and thereby includes them in their application.
(3) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the application.
The contract is only concluded by our declaration of acceptance, which will be sent in a separate e-mail. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance options are available, the contract will be concluded with the event that occurs first. In any case, the customer will receive a contract confirmation in text form in accordance with legal requirements.
Should the customer not have received a declaration of acceptance, invoice, or notification of delivery or goods within 5 days, they are no longer bound by their order. In this case, we will immediately refund any services already rendered to the customer.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, specifications and prices refer to the articles offered, but not to any accessories or decorations that may be shown.
(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill his contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction with the relevant supplier (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we will immediately inform the customer that the ordered goods are not available. We will immediately refund any consideration already provided by the customer.
(6) The contract language is German.
(7) Order processing and contact within the framework of contract execution are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related e-mails.
(8) If a delivery time is specified in our offers, this delivery time and the respective information for calculating the delivery time shall take precedence. If no or no deviating delivery time is specified for the respective goods in our online shop, it is 7 days. This period for delivery begins, in the case of payment in advance, on the day after the payment order has been issued to the transferring credit institution or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
§ 3 Retention of Title
The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal person under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled from it have been settled.
§ 4 Prices and Shipping Costs
(1) Our prices include the applicable statutory value-added tax and exclude shipping costs.
(2) The corresponding shipping costs will be named to the customer before the conclusion of the contract and are to be borne by the customer, unless free shipping has been agreed upon.
§ 5 Payment
(1) The Customer may make payment according to the payment methods provided in the respective offer.
(2) The payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides for a different regulation.
(3) The Customer must ensure sufficient funds in their account. In the event of chargebacks caused by insufficient funds, the Customer is obliged to reimburse us for the resulting damage.
(4) The customer's obligation to pay default interest does not exclude the assertion of further default damages.
(5) The Customer shall only have a right of set-off if his counterclaims have been recognized by us or have been legally established, or if the counterclaims arise from the same contractual relationship. The Customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the purchased item passes to the customer by law only upon delivery of the purchased item to the customer.
(2) This applies only if the customer acts as an entrepreneur: The delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover. In the case of a mail order purchase, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment as soon as the goods are delivered to them.
(3) If the customer defaults on acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to claim compensation for the resulting damage, including additional expenses (e.g., storage and transport costs).
§ 7 Warranty for Defects, Guarantee
(1) Claims for defects concerning used items delivered by us shall become statute-barred one year after delivery to the customer. For entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year and the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects. Otherwise, we are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular for claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (see following § 8), for damages under the Product Liability Act as well as for any guarantees assumed, remains unaffected by the restrictions of the preceding paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability for fraudulently concealed defects also remain unaffected.
(3) Defect claims by merchants require that they have complied with their statutory duties to inspect and give notice of defects (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part exists for the goods delivered by us only if it has been expressly offered and agreed upon by us. Any manufacturer's guarantees remain unaffected.
(5) Any complaints and warranty claims can be lodged at the address provided in the provider identification.
§ 8 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, as well as those on whose compliance the customer as a contractual partner can regularly rely. In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.
(2) The limitations of the preceding paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them, and also apply mutatis mutandis to claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any assumed guarantees remain unaffected.
§ 9 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. You will receive a cancellation policy (link to the cancellation policy) separately in text form in accordance with statutory provisions.
§ 10 Contract Text
The contract text is not stored by us and cannot be retrieved after the order process has been completed. The customer can print these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with statutory provisions.
§ 11 Out-of-Court Dispute Resolution/Consumer Dispute Resolution
(1) The European Union has established an online platform ("OS platform") for the out-of-court resolution of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform at http://ec.europa.eu/consumers/odr.
(2) We are willing to participate in dispute resolution proceedings before the following consumer arbitration board:
General Consumer Arbitration Board of the Centre for Arbitration e.V.
Straßburger Str. 8
77694 Kehl
www.verbraucher-schlichter.de
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply insofar as the protection granted to the consumer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(2) The European Union has established an online platform ("OS platform") for the out-of-court resolution of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform at http://ec.europa.eu/consumers/odr.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office.
(4) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. In place of the invalid points, the statutory provisions shall apply, if any. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid as a whole.
© The content of our websites is largely protected by copyright or other ancillary copyrights. Copying, downloading, disseminating, distributing, and storing this content, with the exception of caching (temporary storage for the purpose of display in the internet browser) as part of visiting our websites, is not permitted without the consent of the respective rights holders. An exception applies to content explicitly intended for download. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, dissemination, public accessibility, or other exploitation requires the consent of the respective authorized party.
Status: 02.06.2018
Version: 1.
Just a decent day
Proprietor: Jingjing Qi
Steinhagen 4
31535, Neustadt
Germany
(hereinafter "Provider" or "we") and our customers (hereinafter "Customer" or "you") exclusively using means of distance communication (e.g., via the Internet or by telephone) in our online shop. For contracts concluded in our offline shop (retail store), the conditions included there apply.
(hereinafter "Provider" or "we") and our customers (hereinafter "Customer" or "you") exclusively using means of distance communication (i.e., e.g., via the internet or by telephone) in our online shop. For contracts concluded in our offline shop (retail store), the conditions included there apply.
§ 1 Scope, Definitions
For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions and contract offers of the Customer are hereby rejected.
A customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The Customer can select products from our assortment and collect them in a so-called shopping cart using the button ("Button") "add to cart". By clicking the "Submit Order" or "Checkout" button, the Customer submits a binding offer to purchase the goods in the shopping cart.
(2) Before submitting the order, the Customer can at any time change, view, and correct the data entered. However, the Customer's application can only be submitted and transmitted if the Customer accepts these General Terms and Conditions during the ordering process and thereby includes them in their application.
(3) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the application.
The contract is only concluded by our declaration of acceptance, which will be sent in a separate e-mail. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance options are available, the contract will be concluded with the event that occurs first. In any case, the customer will receive a contract confirmation in text form in accordance with legal requirements.
Should the customer not have received a declaration of acceptance, invoice, or notification of delivery or goods within 5 days, they are no longer bound by their order. In this case, we will immediately refund any services already rendered to the customer.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, specifications and prices refer to the articles offered, but not to any accessories or decorations that may be shown.
(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill his contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction with the relevant supplier (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we will immediately inform the customer that the ordered goods are not available. We will immediately refund any consideration already provided by the customer.
(6) The contract language is German.
(7) Order processing and contact within the framework of contract execution are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related e-mails.
(8) If a delivery time is specified in our offers, this delivery time and the respective information for calculating the delivery time shall take precedence. If no or no deviating delivery time is specified for the respective goods in our online shop, it is 7 days. This period for delivery begins, in the case of payment in advance, on the day after the payment order has been issued to the transferring credit institution or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
§ 3 Retention of Title
The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal person under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled from it have been settled.
§ 4 Prices and Shipping Costs
(1) Our prices include the applicable statutory value-added tax and exclude shipping costs.
(2) The corresponding shipping costs will be named to the customer before the conclusion of the contract and are to be borne by the customer, unless free shipping has been agreed upon.
§ 5 Payment
(1) The Customer may make payment according to the payment methods provided in the respective offer.
(2) The payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides for a different regulation.
(3) The Customer must ensure sufficient funds in their account. In the event of chargebacks caused by insufficient funds, the Customer is obliged to reimburse us for the resulting damage.
(4) The customer's obligation to pay default interest does not exclude the assertion of further default damages.
(5) The Customer shall only have a right of set-off if his counterclaims have been recognized by us or have been legally established, or if the counterclaims arise from the same contractual relationship. The Customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the purchased item passes to the customer by law only upon delivery of the purchased item to the customer.
(2) This applies only if the customer acts as an entrepreneur: The delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover. In the case of a mail order purchase, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment as soon as the goods are delivered to them.
(3) If the customer defaults on acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to claim compensation for the resulting damage, including additional expenses (e.g., storage and transport costs).
§ 7 Warranty for Defects, Guarantee
(1) Claims for defects concerning used items delivered by us shall become statute-barred one year after delivery to the customer. For entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year and the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects. Otherwise, we are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular for claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (see following § 8), for damages under the Product Liability Act as well as for any guarantees assumed, remains unaffected by the restrictions of the preceding paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability for fraudulently concealed defects also remain unaffected.
(3) Defect claims by merchants require that they have complied with their statutory duties to inspect and give notice of defects (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part exists for the goods delivered by us only if it has been expressly offered and agreed upon by us. Any manufacturer's guarantees remain unaffected.
(5) Any complaints and warranty claims can be lodged at the address provided in the provider identification.
§ 8 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, as well as those on whose compliance the customer as a contractual partner can regularly rely. In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.
(2) The limitations of the preceding paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them, and also apply mutatis mutandis to claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any assumed guarantees remain unaffected.
§ 9 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. You will receive a cancellation policy (link to the cancellation policy) separately in text form in accordance with statutory provisions.
§ 10 Contract Text
The contract text is not stored by us and cannot be retrieved after the order process has been completed. The customer can print these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with statutory provisions.
§ 11 Out-of-Court Dispute Resolution/Consumer Dispute Resolution
(1) The European Union has established an online platform ("OS platform") for the out-of-court resolution of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform at http://ec.europa.eu/consumers/odr.
(2) We are willing to participate in dispute resolution proceedings before the following consumer arbitration board:
General Consumer Arbitration Board of the Centre for Arbitration e.V.
Straßburger Str. 8
77694 Kehl
www.verbraucher-schlichter.de
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply insofar as the protection granted to the consumer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(2) The European Union has established an online platform ("OS platform") for the out-of-court resolution of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform at http://ec.europa.eu/consumers/odr.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office.
(4) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. In place of the invalid points, the statutory provisions shall apply, if any. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid as a whole.
© The content of our websites is largely protected by copyright or other ancillary copyrights. Copying, downloading, disseminating, distributing, and storing this content, with the exception of caching (temporary storage for the purpose of display in the internet browser) as part of visiting our websites, is not permitted without the consent of the respective rights holders. An exception applies to content explicitly intended for download. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, dissemination, public accessibility, or other exploitation requires the consent of the respective authorized party.
Status: 02.06.2018
Version: 1.