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General Terms and Conditions (with statutory information)
1. Scope and provider These General Terms and Conditions apply to all orders that you place via the online shop ofRiding Boutique, Königsöd 18, 94486 Osterhofen Owner Daniela Pettinger (hereinafter "Riding Boutique" or "we"). 2. Services 2.1 The range of goods of Riding Boutique is aimed exclusively at buyers who have reached the age of 18. 2.2 Subject to individual agreements, which take precedence over the General Terms and Conditions, our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. With regard to businesses, the General Terms and Conditions therefore also apply to all future business relations, even if they are not expressly agreed again. A consumer (Section 13 BGB) is anyone who concludes the contract for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A business (Section 14 BGB), by contrast, 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 self-employed professional activity. 2.3 The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby already objected to. 2.4 You can call up the currently valid General Terms and Conditions of Riding Boutique on the website https://rb-en.home.bartel.ws/terms-and-conditionsat any timeand print them out. 3. Conclusion of contract / contract language 3.1 The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. 3.2 By clicking the button "Order with obligation to pay" you submit a binding purchase offer. 3.3 The confirmation of receipt of the order (acknowledgement of receipt) does not yet constitute acceptance of the purchase offer. 3.4 The contract is only concluded when Riding Boutique expressly declares acceptance of the purchase offer (order confirmation) or sends you the goods without prior order confirmation. 3.5 Should our order confirmation contain typing or printing errors, or should our pricing be based on technically caused transmission errors, Riding Boutique is entitled to contest the contract, whereby we must prove our error to you. Payments already made will be refunded to you without delay in the event of contestation. 3.6 The contract language is exclusively German. [Review: contract language and information duties for the English shop to be decided.] 4. Prices The prices stated on the product pages include statutory value added tax and other price components and are exclusive of costs for shipping, insurance and payment.
5. Shipping costs 5.1 The shipping costs depend on the shipping method you choose. Different costs apply to each of the shipping methods we offer in the online shop. These shipping costs depend on the destination country and the chosen shipping method. In the shipping cost overview, which you can reach from the product pages and the shopping cart system, you can see the shipping methods offered in our shop with their respective conditions and costs. Individual products carry their own surcharge on the shipping costs. This surcharge is shown on the product pages and in the shopping cart system. The total shipping costs are then communicated clearly again in the shopping cart system and on the order page. 5.2 The shipping methods to choose from are DHL, UPS, GLS, Hermes or DPD. Within Germany: €9.90 flat rate per order. To the other EU countries: €19.90 flat rate per order. For payment by cash on delivery an additional cash-on-delivery fee of €1,189.99 applies. We deliver to Germany and the other member states of the European Union. Excluded are overseas territories and areas with a different customs or tax status (e.g. Faroe Islands, Greenland, Åland, Canary Islands, Ceuta, Melilla, Azores, Madeira, Campione d’Italia, Livigno). Shipping to countries outside the EU (e.g. Switzerland, United Kingdom, Norway) is currently not possible.
6. Delivery terms and reservation of self-supply 6.1 Delivery is made, depending on the shipping method you choose, with the respective shipping company. 6.2 Delivery is made to the delivery address you specified, unless otherwise agreed. 6.3 No liability is accepted for drop-off permissions given to a carrier. In this case the recipient must file a complaint with the respective carrier. 6.4 Unless stated otherwise for the specific offer, the delivery time is approx. 7 working days after conclusion of the contract or receipt of payment, depending on the chosen payment method and shipping method (see sections 5 and 7 of the General Terms and Conditions). The delivery time applies to deliveries to Germany and the other EU countries. If it differs, the delivery time is stated with the product offer. Delivery times and information on calculating the delivery date can also be found here: https://rb-en.home.bartel.ws/delivery. 6.5 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you. 6.6 If delivery of the goods fails despite three delivery attempts, we may withdraw from the contract if you are not found at the delivery address you specified although the delivery time was announced to you with reasonable notice. Any payments already made towards the purchase price will be refunded to you without delay; however, you must bear the costs of the unsuccessful delivery yourself. 6.7 If the ordered product is not available because our suppliers do not supply us with this product through no fault of our own, we may withdraw from the contract. In this case we will inform you without delay and, if applicable, propose the delivery of a comparable product. If no comparable product is available or you do not wish delivery of a comparable product, we will refund any consideration already provided without delay.
7. Payment terms Payment is made by the payment method of your choice. We reserve the right not to offer all payment methods for every item. 7.1 Prepayment If you choose prepayment, immediately after your order we send you, in addition to a confirmation of receipt, a further e-mail with payment information containing our bank details. We then dispatch your goods only after receipt of payment. The invoice amount must be transferred to our account within 10 days of receipt of your order. If the purchase price has not been received in our account within this period, we are entitled to withdraw from the contract. For transfers from abroad you may have to bear the fees charged by your bank.
7.2 On invoice If you choose "On invoice", you receive the invoice with the goods or by e-mail. The invoice amount must be transferred to our account within 10 days of the invoice date. This payment method is only available for delivery within Germany. 7.3 Cash on delivery If you choose cash on delivery, you pay the invoice amount plus the cash-on-delivery fee of €1,189.99 to the courier on delivery. This payment method is only available for delivery within Germany.
8. Retention of title 8.1 The goods remain the property of Riding Boutique until the purchase price has been paid in full. 8.2 If you are a business within the meaning of Section 14 BGB, the following also applies: (1) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods is transferred, pledging or assignment by way of security is not permitted. (2) Nevertheless, you may resell the goods in the ordinary course of business. In this case you hereby already assign to us all claims in the amount of the invoice total arising to you from the resale. We accept the assignment; however, you remain entitled to collect the claim. If you do not properly meet your payment obligations, Riding Boutique reserves the right to collect the claim itself. (3) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. (4) We undertake to release the securities due to us on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10 %. The choice of the securities to be released is ours.
9. Your rights in case of defects 9.1 For all goods there are statutory warranty rights. Your warranty rights are governed by the general statutory provisions unless otherwise stated below. 9.2 The limitation period for your warranty claims is 2 years for newly manufactured items and 1 year for used items. 9.3 The shortening of the limitation periods described in section 9.2 does not apply to your claims for damages due to injury to life, body or health, nor to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. we have to hand over the item to you free of material and legal defects and to procure ownership of it (notwithstanding the provision in section 8 of these General Terms and Conditions). The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty on our part or on the part of our representatives or vicarious agents. 9.4 If you are a business within the meaning of Section 14 BGB, the following applies, deviating from the statutory provisions: (1) Only our own statements and the manufacturer's product description are binding for the nature of the goods, but not public advertising, statements and other promotion by the manufacturer. (2) You are obliged to inspect the goods without delay and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later, from the time of discovery. If the duty of inspection and notification is breached, asserting warranty claims is excluded. (3) In case of defects we provide warranty at our option by repair or replacement delivery (subsequent performance). In the case of repair we do not have to bear the increased costs arising from taking the goods to a place other than the place of performance, unless the relocation corresponds to the intended use of the goods. If subsequent performance fails twice, you can, at your option, demand a reduction or withdraw from the contract. (4) The warranty period is one year from delivery of the goods. Excluded from this are claims for injury to life, body or health based on an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.
10. Exclusion of liability 10.1 Your claims for damages are excluded unless otherwise stated below. The above exclusion of liability also applies in favour of our legal representatives and vicarious agents. 10.2 Excluded from the exclusion of liability in section 10.1 are claims for damages due to injury to life, body or health, as well as claims for damages from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. we have to hand over the item to you free of material and legal defects and to procure ownership of it (notwithstanding the provision in section 8 of these General Terms and Conditions). Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty on our part or on the part of our legal representatives or vicarious agents. 10.3 The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
11. Right of withdrawal 11.1 If you are a consumer (Section 13 BGB), you have a statutory right of withdrawal. 11.2 Cancellation Policy Right of withdrawal As a consumer (Section 13 BGB) you have a statutory right of withdrawal. Cancellation Policy You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal you must inform us (Riding Boutique, Königsöd 18, 94486 Osterhofen, e-mail: contact@ridingboutique.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient that you send the notice of exercising the right of withdrawal before the withdrawal period has expired. You can also declare your withdrawal electronically via the "Withdraw from Contract" function, which you will find on our website at Withdraw from Contract and which is available to you throughout the entire withdrawal period. After you have submitted your declaration we will confirm receipt to you without delay by e-mail.
Consequences of withdrawal If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notice of your withdrawal from this contract. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their nature, properties and functioning. 11.3 If you make use of your right of withdrawal, you have to bear the costs of return in accordance with Section 357 (6) BGB. 11.4The right of withdrawal does not exist, unless the parties have agreed otherwise, for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to your personal needs (e.g. T-shirts with your photo and name). Riding Boutique also offers gift vouchers for purchase. However, for all our vouchers you have to specify the value of the voucher individually. There is therefore no right of withdrawal for gift vouchers. Likewise, reduced products are excluded from the right of withdrawal and exchange! 11.5 Please avoid damage and soiling. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging. 11.6 Please send the goods back to us as a parcel and keep the proof of postage. On request we will also gladly refund the postage in advance, unless you have to bear it yourself. 11.7 Before returning, please write an e-mail to contact@ridingboutique.de to announce the return. This way you enable us to assign the products as quickly as possible. 11.8 Please note that the arrangements mentioned in paragraphs 11.5 to 11.7 are not a prerequisite for the effective exercise of the right of withdrawal. Model withdrawal form
12. Transport damage 12.1 If goods are delivered with obvious transport damage, please complain about such defects to the courier immediately and contact us as soon as possible (e-mail: contact@ridingboutique.de). 12.2 Failing to complain or to contact us has no consequences whatsoever for your statutory warranty rights. But you help us to assert our own claims against the carrier or the transport insurance.
13. Contact for complaints Riding Boutique Daniela Pettinger E-mail: contact@ridingboutique.de
14. Final provisions 14.1 Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law only applies insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the state in which you habitually reside. 14.2 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Deggendorf. 14.3 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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