Table of Contents

Scope of Application
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Applicable Law Jurisdiction Alternative Dispute Resolution
1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Wunschkristall.com GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the customer's own terms is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions 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 product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but rather serve to submit a binding offer by the customer.

2.2 The customer can submit the offer through the online order form integrated into the seller's online shop. In doing so, the customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button that completes the ordering process after placing the selected goods in the virtual shopping cart and going through the electronic ordering process.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the customer being decisive in this respect, or by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive in this respect, or by requesting payment from the customer after they have placed their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the moment one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration 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 be considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal user agreement, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares the acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When ordering through the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and is transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. No further accessibility of the contract text by the seller will be provided. If the customer has set up a user account in the seller's online shop before placing their order, the order data will be archived on the seller's website and can be accessed by the customer through their password-protected user account by providing the corresponding login details free of charge.

2.6 Before placing a binding order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process. The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

2.7 For the conclusion of the contract, different languages are available. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 When selecting a payment method offered through the payment service "PayPal," the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they advance the payment to the customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or to the payment service provider specifically named by PayPal and the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative review result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries even in the case of the assignment of claims, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits.

4.5 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. For the processing of payments, Shopify may use additional payment services, for which special payment terms may apply, and the customer may be separately informed about these. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer at the time of payment on PayPal is decisive.

5.2 For goods delivered by freight forwarder, the delivery is made "free curbside," meaning to the nearest public curbside of the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation specified in the seller's cancelation policy applies in the event of the customer effectively exercising their right of withdrawal.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, provided that the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment and the seller has not previously named this person or institution to the customer.

5.5 If the customer acts as a consumer based in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be promptly informed and the consideration will be promptly refunded.

5.6 If the seller offers the goods for pickup, the customer can collect the ordered goods during the seller's specified business hours at the address provided by the seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the seller performs in advance, they retain ownership of the delivered goods until the full purchase price owed is paid.

7) Liability for Defects (Warranty)

As far as nothing else is stated in the following regulations, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance; for new goods, the limitation period for warranty rights is one year from the delivery of the goods; for used goods, warranty rights are excluded; the limitation period does not start anew if a replacement delivery is made within the scope of the warranty liability.
7.2 The liability limitations and time reductions regulated above do not apply

for claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfilll the notification obligations regulated therein, the goods shall be deemed approved.

7.5 The customer acts through its agents and legal representatives.

7.5 If the customer acts as a consumer, they are requested to report any obvious transport damage to the delivered goods to the carrier and inform the seller of this. If the customer does not comply, it will have no effect on their statutory or contractual warranty claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, based on a guaranty promise, unless otherwise regulated, based on mandatory liability such as under the Product Liability Act.
8.2 If the customer acts as a consumer based in Germany or as a business, the following liability limitations apply:

If the seller negligently breaches a material contractual obligation, their liability is limited to the typical, foreseeable damage as per the contract, unless they are liable without limitation in accordance with the preceding clause. Essential contractual obligations are duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely. Otherwise, the seller's liability is excluded, unless he is liable without limitation in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Applicable Law

9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

10) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a public law special fund with its registered office within the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, the seller is, however, in any case entitled to call upon the court at the customer's location.

11) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.