General Terms and Conditions
General Terms and Conditions
1. Scope of Application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his or her commercial or self-employed professional activity. The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become an integral part of the contract if we have expressly consented thereto.
2. Contractual Partner, Conclusion of Contract, Possibilities of Correction
The sales contract is concluded with ANA BRICENO SHOP.
With the placement of the products in the online shop we make a binding offer for the conclusion of the contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract is English.
Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
The following payment methods are available in our shop:
- Credit card You enter your credit card details in the order process.
- Your card will be charged immediately after placing the order.
- PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
- Sofort by Klarna In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Reservation of Proprietary Rights
The goods remain our property until full payment has been made. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %.
8. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) in the context of a guarantee promise, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened. Restrictions vis-à-vis entrepreneurs Vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations vis-à-vis merchants Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2. Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened up. In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
General Terms and Conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte. Translated with www.DeepL.com/Translator