General terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7. liability for defects
8. redemption of gift vouchers
9. redemption of promotion vouchers
10. applicable law
11. place of jurisdiction
12. information on codes of conduct to which the seller has subscribed
13. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Corinna Glanert", trading under "Spiritbalance Corinna Glanert" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the customer's own conditions is contradicted unless otherwise agreed.
1.2 These general terms and conditions apply accordingly to the purchase of vouchers, if and to the extent that nothing to the contrary has been expressly regulated.
1.3 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity.
1.4 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2. conclusion of contract
2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the seller.
2.2 First the customer puts the selected goods into the shopping cart. In the following step, the ordering process begins, in which all data required for order processing is recorded.
At the end of the ordering process a summary of the order and contract data appears.
Only after confirmation of this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3 The seller accepts the customer's offer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The date of acceptance is determined by the first alternative that occurred.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the internal systems of the seller. The customer can view the general terms and conditions at any time on this page. The order data, the revocation instruction as well as the AGB are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, which are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. prices and terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is recommended to ask for the details before ordering at the respective institutions or authorities.
3.3 The customer can choose the payment methods that are available in the online shop.
4. delivery and shipping conditions
4.1 The delivery of goods on the dispatch route shall be made to the delivery address specified by the customer.
4.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs are to be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same shall apply in the event that the customer was temporarily prevented from accepting the performance, unless the seller has given him reasonable prior notice of the performance. Excluded from this regulation are the costs of sending the goods, if the customer has effectively exercised his right of revocation. Here it remains with the legal regulation or the regulation made by the seller.
4.3 In case of agreed self-collection, the customer is informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office or from an agreed place, after consultation with the seller. In this case there are no shipping costs.
4.4 Vouchers are provided to the customer in the following form:
- by email
- via download
- by mail
5. right of withdrawal
5.1 If the customer is a consumer, he is basically entitled to a right of withdrawal.
5.2 The right of revocation is subject to the revocation instruction of the seller.
6. retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. Non-compliance has no effect on the customer's legal or contractual claims for defects.
8. redemption of gift vouchers
8.1 Vouchers which have been purchased via the online shop of the seller ("gift vouchers") can also only be redeemed in the online shop of the seller.
8.2 Gift vouchers and remaining credit balance of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account by the expiry date.
8.3 Gift vouchers can only be redeemed before the order process is completed. There is no subsequent redemption.
8.4 Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.
8.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of further gift vouchers cannot be paid for by voucher.
8.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7 Credits on gift vouchers are not paid out and do not bear interest.
8.8 Gift vouchers are generally transferable.
The seller can make payments with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
9. redemption of promotion vouchers
9.1 Vouchers which the seller gives away free of charge within the framework of (advertising) campaigns with a certain period of validity and which the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period of time specified by the seller.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, are indicated on the promotion voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. There is no subsequent offsetting.
9.5 Only one promotion voucher can be redeemed per order. It is not possible to redeem several promotion vouchers in one order.
9.6 The value of goods of the respective order must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8 The credit balance of a promotion voucher will neither be paid out nor bear interest.
9.9 The promotion voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of cancellation.
9.10. Promotional vouchers are generally transferable.
The seller can make payments with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
10. applicable law
The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
11. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's registered office is the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the above-mentioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
12. information on codes of conduct to which the seller has subscribed
The seller has subjected himself to the code of conduct of Trusted Shops GmbH, whose criteria can be called up on the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
13. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
