AGB
General Terms and Conditions and Customer Information
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Sweety-Toys
Plüschtiere GmbH) via the sweety-toys.de website. Unless otherwise agreed, the
Inclusion of your own conditions, if any, contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction
Purposes that are predominantly neither commercial nor self-employed
can be attributed. Entrepreneur is any natural or legal person or a legal person
Personal company which, when concluding a legal transaction, exercises its independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we provide you with a
Binding offer to conclude a contract for the items specified in the item description
Terms.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in
You can call up the "shopping cart" 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 are then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay,
Sofort), you will either be taken to the order overview page in our online shop or you
will first be forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection there or
Enter your data. You will then be taken back to our online shop on the order overview page
headed.
Before sending the order, you have the opportunity to check all the information here again, to
Change (also via the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the "buy" button, you declare your legally binding acceptance of the
Offer, whereby the contract comes about.
(4) Your inquiries about the preparation of an offer are non-binding for you. We are submitting a
binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all in connection with the conclusion of the contract
Required information is sent automatically via e-mail. You must therefore ensure that
the e-mail address you have given us is correct, the receipt of the e-mails is technically ensured
and especially not prevented by SPAM filters.
§ 3 right of retention, retention of title
(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.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the
have been settled in fullongoing business relationship. Before ownership of the reserved goods is transferred, a pledge is
or security assignment not allowed.
b) You can resell the goods in the ordinary course of business. In this case, contact
all claims in the amount of the invoice amount that accrue to you from the resale to us, we
accept the assignment. You are further authorized to collect the claim. As far as your
If we do not meet payment obligations properly, we reserve the right to refuse
to move in themselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in
Ratio of the invoice value of the reserved goods to the other processed items on
Time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the
realizable value of our collateral exceeds the claim to be secured by more than 10%. The selection
We are responsible for the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to inspect the item immediately upon delivery for completeness, obvious
Check for defects and transport damage and notify us and the carrier of any complaints as soon as possible
to share. If you do not comply, this will have no effect on your statutory
Warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the product description of the
apply to the quality of the itemmanufacturer as agreed, but not other advertising, public promotions and statements of
manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. Beats the
If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The
Remedy of defects is deemed to have failed after a second unsuccessful attempt, unless specifically from
The nature of the item or the defect or the other circumstances result in something else. In the case of the
We do not have to bear the increased costs caused by the delivery of the goods to a
place other than the place of performance, provided that the shipment is not in accordance with the intended use
corresponds to the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
- culpably caused damages attributable to us resulting from injury to life, limb or
health and other damage caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the condition of the item
have;
- for things that have been used for a building in accordance with their normal use and
caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the mandatory
Provisions of the law of the country of the consumer's habitual residence do not provide protection
is withdrawn (principle of favourability).
(2) Place of performance for all services arising from the business relationship with us and place of jurisdiction
is our registered office if you are not a consumer but a merchant, a legal entity under public law or
are special assets under public law. The same applies if you do not have a general place of jurisdiction in
Have Germany or the EU or have your domicile or habitual abode at the time the action is filed
is not known. The authority to appeal to the court at another legal place of jurisdiction remains
unaffected by this.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information 1. Identity of sellerSweety-Toys Plush Toys GmbH
Abtswiesenstr. 3
96215 Lichtenfels
Germany
Phone: 09574654690
Email: info@sweety-toys.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform)
Ready, available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contractThe technical steps to conclude the contract, the conclusion of the contract itself and the correction options
take place in accordance with the regulations "Conclusion of the contract" in our General
Terms and Conditions (Part I.).
3. Contract language, contract text storage 3.1. Contract language is German. 3.2. We do not save the full text of the contract. Before sending the order via the online -Shopping cart system, the contract data can be printed out using the print function of the browser or
be secured electronically. After we have received the order, the order data, which is required by law
Required information for distance contracts and the general terms and conditions again
Sent to you by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data in theSend a binding offer in text form, e.g. by e-mail, which you can print out or electronically
can save.
4. Codes of Conduct 4.1. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at:http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
5. Essential characteristics of the goods or serviceThe essential features of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment 6.1. The prices listed in the respective offers and the shipping costs represent total prices. Youinclude all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. You are about to matchthe button on our website or in the respective offer can be called up in the course of the
The ordering process is shown separately and must be borne by you in addition, unless the
free delivery is guaranteed.
6.3. The payment methods available to you are under a correspondingly labeled buttonon our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from theContract immediately due for payment.
7. Terms of Delivery 7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be foundunder a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss andAccidental deterioration of the item sold during shipment only when the goods are handed over to
It passes, regardless of whether the shipment is insured or uninsured. This does not apply if you
independently a transport company not named by the entrepreneur or another company to carry out the
Have commissioned a specific person to send it.
If you are an entrepreneur, delivery and shipping is at your own risk.
8. Statutory liability for defectsLiability for defects is based on the "Warranty" provision in our General
Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the Händlerbund lawyers specializing in IT law
created and are constantly checked for legal conformity. Händlerbund Management AG guarantees for
the legal certainty of the texts and is liable in the event of warnings. For more information, see
at: https://www.haendlerbund.de/agb-service.
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
Responsible is the general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
Last update: 07.12.2017