GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping costs
6. Reservation of title
7. Liability for defects
8 Liability
9. Indemnification in the event of infringement of third-party rights
10. Redemption of promotional vouchers
11 Applicable law
12. Information on online dispute resolution
1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Lejla Catovic", trading under "Lelani Jewelry" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is contradicted unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all necessary data for order processing is entered.
At the end of the order process, a summary of the order and contract data appears.
Only after confirming 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
- requesting payment from the customer after placing the order
or
- delivery of the ordered goods
The time of acceptance shall be determined by the first alternative that occurs.
The period for acceptance of the offer begins on the day after the offer is sent by the customer 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 If the customer selects "direct debit" or "direct debit" as the payment method during the order process, the seller can also accept the customer's offer by collecting the total price from the customer's bank account within five days, whereby the time at which the customer's account is debited is decisive. Section 2.3 shall apply accordingly.
2.5 The text of the contract concluded between the seller and the customer shall be stored by the seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. Once the order has been completed, the text of the contract can no longer be viewed online by the customer.
2.6 All entries made are displayed before clicking on 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, if available, the customer has buttons for corrections, which are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered.
3 Right of withdrawal
3.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2 The seller's withdrawal policy applies to the right of withdrawal.
4 Prices and terms of payment
4.1 The prices shown are final prices, unless otherwise agreed.
The seller is a small business owner within the meaning of § 19 para. 1 UStG and therefore does not charge VAT.
If additional shipping costs are incurred, this can be found in the product description.
4.2 The customer can select the payment methods available in the online store.
4.3 If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
4.4 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragree....
4.5 When paying with a payment method from Klarna (if offered invoice purchase, installment purchase, direct debit, credit card), payment is processed via Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying by credit card, your credit card account will be debited immediately after completion of the purchase process. If you pay by direct debit, you give Klarna a SEPA direct debit mandate when you place your order. Klarna will inform you about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been dispatched.
When paying with "Sofortüberweisung", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to use this payment method, you need an online banking account with a PIN/TAN procedure with which you can legitimize yourself during the payment process and confirm the payment instruction to "SOFORT".
The payment will be executed by "SOFORT" immediately after completion of the payment process and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6 If the delivery is made to a non-EU country, additional customs 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 advised to enquire about the details with the respective institutions or authorities before placing the order.
5 Delivery and shipping costs
5.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer. By way of derogation from this, in the case of payment by PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 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 shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
5.3 Self-collection is not offered.
5.4 Vouchers are provided to the customer in the following form:
*by e-mail
*by download
*postally
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.
In addition to these GTC, Klarna's GTC and privacy policy apply to payment processing via Klarna. Further information on the seller's Klarna payment methods and Klarna's terms and conditions can be found in the seller's payment information.
7 Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.
8 Liability
The Seller's liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable without limitation for damages that are attributable to willful or grossly negligent conduct.
In the event of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.
A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
As regulated above, the seller shall also be liable on the basis of a guarantee promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as in particular loss of profit and for mandatory liability such as under the Product Liability Act.
8.2 Liability is - except in the case of intentional or grossly negligent behavior or in the case of damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the seller is excluded.
8.4 The above liability provisions shall also apply mutatis mutandis in favor of the Seller's employees and vicarious agents.
9. indemnification in the event of infringement of third-party rights
If, in addition to the delivery of goods, the seller also owes the customer the processing of the goods in accordance with certain specifications of the customer, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against third-party claims in this connection, unless the customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney's fees, in the statutory amount. The customer is obliged to provide the seller immediately, completely and truthfully with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
10. redemption of promotional vouchers
10.1 Vouchers which the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online store and only during the period specified by the seller.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.
10.4 Promotional vouchers can only be redeemed before the order process is completed. They will not be offset retrospectively.
10.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.6 The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.8 The credit balance of a promotional voucher is neither paid out nor interest-bearing.
10.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.10 The promotional voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. The statutory provisions on the restriction of 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, remain unaffected.
12. information on online dispute resolution The EU Commission's online dispute resolution platform is available on the Internet at the following link:
https://ec.europa.eu/odrWe are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
