General Terms and Conditions
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed with the online shop of Aufrecht & Kränzle GbR, Abt-Johannes-Str. 16, 73434 Aalen, Germany.
(2) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(3) Contract language is exclusively German.
(4) You can call up and print out the currently valid General Terms and Conditions on the website https://discussedcamomile.com/general-terms-and-conditions/.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) With the payment method “payment in advance” you submit a binding offer to purchase by clicking the button “Order now with payment duty” (§ 145 BGB). Within the framework of the payment service PayPal Checkout, we offer you further, different payment methods as PayPal Services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. Thereby you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting your order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
All prices mentioned on the website are in Euro. The prices stated on the product pages do not include shipping costs. No indication of sales tax, as small businesses according to § 19 Abs. 1 UStG.
The shipping costs depend on the shipped products and the shipping address. They are listed below:
- Deliveries within Germany:
- Default flat rate: 5,00 €
- Package containing crew-socks or neckerchiefs only : 2,50 €
- Deliveries to Austria, Belgium, Denmark, France, Italy, Netherlands, Portugal, Spain, Sweden:
- Default flat rate: 14,00 €
- Gift Cards (digital products): no shipping costs
Above an order value of 85,00 € we do not charge shipping costs for deliveries within Germany.
§ 4 Terms of payment; default
(1) Payment is optional: Invoice by advance payment, credit card or Paypal.
(2) The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only advance payment to cover our credit risk.
(3) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The actual debit of your credit card account takes place at the time we ship the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) If you fall behind with a payment, you are obliged to pay the legal default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of 2.50 €, unless lower or higher damages are proven in the individual case.
§ 5 Offsetting / Right of retention
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title; resale
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) Orders are only possible to Germany, Austria, Belgium, Denmark, France, Italy, Netherlands, Portugal, Spain and Sweden. Delivery is only possible in quantities customary in households.
(3) The goods remain our property until full payment of the purchase price.
(4) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(5) The commercial resale of the goods is excluded.
(6) The delivery time is 5-7 business days after payment instruction. Any delays in delivery by the shipping company are excluded.
§ 7 Gift Cards
(1) Gift cards are digital products. They are sent by email after the order process.
(2) The delivery time is 1-2 business days after payment instruction.
(3) Gift cards can be redeemed at www.discussedcamomile.com.
(4) Gift cards can only be redeemed before completing the order process. A subsequent offset is not possible.
(5) Only one gift card can be redeemed per order.
(6) Gift cards can only be used for the purchase of goods and not for the purchase of additional gift cards. Gift card credit is neither paid out in cash nor does it earn interest.
(7) The value of the goods must be at least equal to the amount of the gift card. Any remaining credit will not be refunded.
(8) Gift cards are transferable. The seller can make payments to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
(9) Gift cards will be refunded if the customer returns the goods paid for in full or in part with a gift card within the scope of his statutory right of revocation.
§ 8 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Aufrecht & Kränzle GbR
Phone: +49 160 98519964
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, which you can find on our website https://www.discussedcamomile.com/cancellation-policy, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. If you return the goods to us freight collect, you must pay the costs.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. However, the hangtags attached to our products must not be damaged.
Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
Gift cards can only be withdrawn if they have not been redeemed.