(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (MissPompadour GmbH) via the misspompadour.de website or our app. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
(1) The subject of the contract is the sale of goods. Our offers are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system. The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use the "PayPal - Express" instant payment system by clicking on the correspondingly labelled button integrated in the shop system, you will be redirected to the PayPal log-in page. Once you have successfully logged in, your address and account details stored with PayPal will be displayed. By clicking the "Continue" button, you will be redirected back to our online shop to the order overview page, where you have the option of checking all details again, changing them (also via the "Back" function of the Internet browser) or cancelling the purchase before submitting the order.by submitting the order via the "Order subject to payment" button, you are submitting a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place - as a rule - immediately after receipt of your order by a confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within two days of placing your order, you are no longer bound by it. In this case, any services already rendered will be refunded immediately.
(4 ) All information required in connection with the conclusion of the contract shall be sent by e-mail. You must therefore ensure that the e-mail address you provide is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(1) You shall provide us with the appropriate information, texts or files required for the customised design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
(4 ) Insofar as we create texts, images, graphics and designs for you as part of the customised design, these are subject to copyright.
The use, reproduction or modification of individual parts or complete contents is not permitted without our express consent.
Unless otherwise agreed, we transfer to you the right to use the copyrighted works created for you for an unlimited period of time. You are expressly prohibited from making the protected works or parts thereof available to third parties privately or commercially in any way, and the transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
When paying by SEPA Core Direct Debit or SEPA Business-to-Business Direct Debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. We will provide you with the forms for issuing the SEPA mandate on our website or by e-mail immediately after conclusion of the contract at the latest. You are obliged to send us the mandate to be issued by you in writing with your signature within 5 days of concluding the contract.
The direct debit will be collected within 10 days of delivery of the goods in Germany and within 10 days of conclusion of the contract for deliveries abroad.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
We reserve the right to exclude the SEPA Core Direct Debit and/or SEPA Business-to-Business Direct Debit payment methods in individual cases.
In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(1) You are entitled to the statutory claims in the event of defects.
(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory regulation. The one-year warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful intent or fraudulent intent on the part of the supplier, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.
(1) Liability for intent and gross negligence is unlimited.
(2) In the case of simple negligent breach of essential contractual obligations, liability shall be limited to foreseeable and contractually typical damages. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the injured party may regularly rely. The limitation period for claims by entrepreneurs under this paragraph is one year.
(3) Paragraph (2) shall not apply to claims arising from injury to life, limb or health, fraudulent behaviour, the assumption of a guarantee, liability for initial incapacity or impossibility for which we are responsible, or claims under the Product Liability Act.
(4) Otherwise, liability - regardless of the legal grounds - is excluded.
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2 ) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.