Terms and Conditions
1. Scope, Provider, Language of the agreement
1.1 These terms and conditions ("Terms and Conditions") apply to access to the online shop of von Primavera Hilfe für Kinder in Not e.V., Reutlinger Straße 56e, 70597 Stuttgart, Deutschland ("Provider") and the ordering of products by customers ("Customer"). Detailed information on the Provider is provided in the corporate information.
1.2 The language for the conclusion of the agreement is English.
2. Ordering of products, Technical steps up to the conclusion of the agreement and correction of input errors, Conclusion of the agreement
2.1 The Customer may order products via the online shop. The ordering of products is subject to these Terms and Conditions unless different terms and conditions are specified at the time of ordering.
2.2 The presentation of a product shall not constitute a binding offer by the Provider, but merely an invitation to place orders (invitatio ad offerendum).
2.3 As part of the ordering process, the Customer shall be informed of the essential features of the Premium Service, the prices, the terms of payment and delivery, terms, periods of notice, information on the right of withdrawal and other details ("Product Information").
2.4 To start the ordering process, the Customer shall place the desired product in his/her shopping cart. The Customer can make changes in the shopping cart at any time or remove the product from the shopping cart completely. After clicking on the button "CONTINUE" or "CHECKOUT", the Customer shall enter his/her data and select, for example, the method of payment.
2.5 On the following order overview page, the Customer can check his/her entries. To correct input errors (e.g. in the payment method or the data), he can click on the shopping basket symbol and, for example, change the order quantities and, by clicking on the "CHECKOUT" button, adjust and confirm his data.
2.6 By clicking the button "Buy Now", the Customer submits a binding offer to order the product. Immediately after placing the order, the Customer receives an automatic confirmation of receipt of the order by e-mail, in which the order is listed. The automatic confirmation of receipt of the order shall document that the Customer's order has been received by the Provider and does not yet constitute acceptance of the contractual offer. The contractual relationship for the product comes into effect as soon as the Provider accepts Customer's offer. The acceptance can be made explicitly, e.g., by a contract confirmation by e-mail, or by implication, e.g., by delivering the product.
2.7 The text of the agreement (consisting of the Product Information, the Terms and Conditions, the product description, if applicable, and the Withdrawal Policy) shall be sent to the Customer on a permanent data carrier (e.g., e-mail). A storage of the text of the agreement by the Provider does not take place, the text of the agreement is then no longer accessible for the Customer.
3.1 All rights in the Provider's online shop and its content ("Content") are owned exclusively by the Provider or its licensors and are protected by copyright or other intellectual property rights. The compilation of the Content is also protected as such by copyright.
3.2 The Content may only be accessed and displayed online for the Customer's own purposes during the term of the Customer Agreement. The Customer is prohibited from copying, distributing and/or publishing Content.
4. Prices, Shipping costs
4.1 With regard to the products, the prices at the time of ordering shall apply. The payment is due immediately upon conclusion of the contract in accordance with Section 3.6. All prices include value added tax.
4.2 Arising shipping costs are indicated separately to the Customer within the ordering process and on the invoice. The Provider also provides an overview of the shipping costs at https://primavera-ev.mozello.shop/payment--shipment/ or https://primavera-ev-shop.de/payment--shipment/
4.3 In the event of withdrawal, the Customer may, under the statutory conditions, demand reimbursement of shipping costs already paid (outbound shipping costs). The Customer shall bear the costs of returning the product (return costs) as set out in the Withdrawal Policy.
5. Delivery conditions, Availability of products
5.1 Provider delivers the products pursuant to the agreements made with Customer during the ordering process.
5.2 If no or no deviating delivery time is specified for the respective product in the Online Shop, it shall be 15 business days. The delivery period shall be calculated [in the case of payment in advance on the banking day after the payment order is issued to the remitting bank or, in the case of other payment methods, on the day after the conclusion of the contract] and shall end with the expiry of the last day of the period.
5.3 If no items of the product selected by the Customer are available or are only temporarily unavailable at the time of the Customer's order, Provider shall inform the Customer of this immediately. If the product is permanently not available, Provider shall refrain from a contract confirmation. In this case, a contract is not concluded. Provider shall inform the Customer thereof without undue delay and, if applicable, reimburse without undue delay any consideration already received.
5.4 Delivery restrictions are provided at https://primavera-ev.mozello.shop/payment--shipment/ or https://primavera-ev-shop.de/payment--shipment/
6.1 Payment shall be made (i) by bank transfer (advance payment) or (ii) via the payment service provider PayPal pursuant to the agreements made with Customer during the ordering process.
6.3 Information on payment methods, payment dates and any additional costs incurred can be found at https://primavera-ev.mozello.shop/payment--shipment/ or https://primavera-ev-shop.de/payment--shipment/.
7. Retention of title
The products shall remain the property of Provider until full payment.
8. Right of withdrawal
8.1 As a consumer, the Customer is entitled to a right of withdrawal in accordance with the information set out in the Annex. A consumer is any natural person who enters a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity.
8.2 The reasons for cancellation apply in accordance with the statutory regulations pursuant to §355ff BGB (German Civil Code) and the attached withdrawal policy.
The statutory provisions shall apply.
10.1 The Provider shall be liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of applicable Product Liability Acts, (iii) to the extent of a guarantee assumed by the Provider, and (iv) in the event of injury to the life, body or health of a person.
10.2 In the case of negligently caused damage to property and financial loss, the Provider shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract, material contractual obligations are those whose fulfilment characterizes the contract and on which the Customer may rely.
10.3 Liability is excluded in all other respects.
10.4 Statutory limitations of liability, which deviate from the above liability regulations in favour of the Provider, shall remain unaffected.
10.5 The above limitations of liability shall also apply in the event of fault on the part of a vicarious agent of the Provider and to the personal liability of employees, representatives and bodies of the Provider as well as to claims for reimbursement of expenses.
11. Data protection
All information on the processing of personal data can be found in the Provider's data protection notice. It is available at https://primavera-ev.mozello.shop/data-protection-policy/ or https://primavera-ev-shop.de/data-protection-policy/.
12. Online dispute resolution platform, Dispute resolution procedures, Complaints
12.1 The European Commission provides a platform for online dispute resolution (OS). The platform can be reached at http://ec.europa.eu/consumers/odr/. The e-mail address of the Provider is [email protected].
12.2 The Provider is not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).
12.3 Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the corporate information
13. Applicable law, Place of jurisdiction
13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN United Nations Convention on Contracts for the International Sale of Goods if (i) the Customer has his habitual residence in Germany, or (ii) his habitual residence is in a country that is not a member of the European Union. In case the Customer has its habitual residence in a member state of the European Union, the applicability of German law shall also apply, without prejudice to mandatory provisions of the state in which the Customer has its habitual residence ("benefit-of-the-doubt principle").
13.2 If the Customer is an entrepreneur, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms and Conditions shall be Stuttgart, Deutschland. The same shall apply if the Customer had his domicile or habitual residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time the Provider brings an action or if the Customer’s domicile or habitual residence is unknown at that time.
14. Final provisions
14.1 Operational disruptions caused by unavoidable events (i) beyond Provider's control, (ii) which could not be averted with reasonable effort, and (iii) which could not have been foreseen even when exercising with extreme care, and (iv) which make Provider's obligations under these Terms and Conditions considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, operational or traffic disruptions and transport obstructions ("Force Majeure"), discharge Provider from its obligations under these Terms and Conditions for the duration of such an event plus a reasonable restart period.
14.2 Legally relevant declarations and notifications to be made to the Provider after the conclusion of the contract (e.g., setting of deadlines) shall be made in text form (letter, e-mail) to be effective).Should any provision of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the remaining provisions.