§ 1 Scope, Customer Information
The following terms and conditions govern the contractual relationship between Sylvia Rieber - Namaste DeSign and consumers and entrepreneurs who buy goods in our shop. Opposing or deviating from our terms and conditions will not be recognized by us. The contract language is German.
§ 2 Conclusion
1. The offers on the Internet represent a non-binding invitation to you to buy goods.
2. You can put one or more products to the shopping cart. During the ordering process, you enter your information and requests regarding payment, delivery method and so on. Only when clicking the order button, you enter a binding offer to conclude a sales contract. You can also make a binding order by telephone or fax. The immediate confimation of the receipt of your order via e-mail or fax does not constitute the acceptance of the tender offer.
3. We are entitled to accept your offer within 1 business day by sending an order confirmation via e-mail.If after the expiry of the deadline mentioned in sentence 1 your offer is rejected, meaning you are no longer bound to your offer. During a telephone order the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound by it.
§ 3 Customer Information: Storing your order data
Your order with details of the contract (eg type of product, price, etc.) will be saved by us. We will send to you the terms and conditions, you can retrieve the terms and conditions also after the contract at any time via our website. As a registered customer you can access your past orders via the customer login area (Login/Book Order History).
§ 4 Customer Information: Correction notice
You can correct your input before submitting the order at any time using the delete key. We will inform you on the way through the checkout process on further correction possibilities. You can stop the ordering process completely at any time by closing the browser window.
§ 5 Retention of Title
The object of purchase shall remain our property until full payment.
§ 6 Legal Warranty Rights
1. Warranty rights
There are legal defects liability rights for our goods.
2. Warranty for consumers at second-hand items
Your warranty claims due to defects in second-hand items expire one year after the delivery of the goods sold to you. Exceptions to this rule, compensation claims, claims for defects that we fraudulently concealed, and claims from a guarantee that we have applied to the condition of the goods. For these excluded claims, the statutory limitation periods apply.
3. Warranty for entrepreneurs
Your warranty claims due to defects of the goods expire one year after transfer of risk. Exceptions to this rule, compensation claims, claims for defects that we fraudulently concealed, and claims from a guarantee that we have applied to the condition of the goods. Also excluded the recourse is under § 478 BGB. For these excluded claims, the statutory limitation periods apply.
§ 7 Limitation of Liability
We exclude liability for negligent breach of duty, provided these are not contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of our agents and our legal representatives. The contractual obligations are in particular the obligation, to pass and provide the goods and the property . We also provide you with the matter free of material and legal defects.
§ 8 Commercial Jurisdiction
The exclusive jurisdiction for all disputes arising from this contract is our place of business, if you are a businessman.
Power of Revocation
You have the right to withdraw within fourteen days without giving a reason for this contract.
The withdrawal period shall be 14 days, beginning as of the day on which you or a third party designated by you and who is not the carrier, have or has taken possession of the goods.
In order to exercise your right of withdrawal, you have to inform us (Sylvia Rieber, An den Kämpen 54, D-59348 Lüdinghausen, Fax: +(49)02591 891269 oder firstname.lastname@example.org) by way of an unambiguous declaration (e.g. a letter sent by mail, a fax or an e-mail) of your decision to withdraw from this contract.
You can fill in and submit the model withdrawal form or any other unequivocal statement on our website http://www.namaste-art.com/Muster-Widerrufsformular.pdf electronically. If you make use of this opportunity, we will provide you immediately (eg via email) with an acknowledgment of receipt of such a withdrawal.
In order to observe the withdrawal period, it is sufficient that you send the notice on the exercise of the right of withdrawal before expiration of the withdrawal period.
Consequences of Withdrawal
Upon effective withdrawal, we shall be under an obligation to refund to you without delay and no later than within fourteen days as of the day on which we received the notice on the exercise of the right of withdrawal, all payments we received from you, including the costs of shipment (with the exception of additional costs resulting from you choosing any type of shipment other than the most favorable type of standard shipment we offered). When refunding we will use the same means of payment which you used effecting the initial transaction, except where we explicitly reached an agreement to the contrary with you; we will not charge any fees ever, for such refund. We may refuse any refund until we retrieved the goods or until you have furnished evidence that you sent back the goods, depending on which event occurs first. You shall, without delay and no later than within fourteen days as of the day on which you notify us of the withdrawal from this contract, send back or hand over the goods to us. This period shall be observed, if you dispatch the goods before the period of fourteen days expired.
You shall bear the direct costs of returning the goods.
You shall not be liable for any diminished value of the goods, except where such diminished value results from handling them in a way other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the Right of Withdrawal
The right to withdrawal shall be excluded for contracts for the supply of goods which are not pre-fabricated and the production of which is subject to the consumer’s individual choice or specification or which is clearly tailored to the consumer’s personal needs.
ODR platform - online dispute resolution platform
According to the European ODR Regulation (Regulation on the extrajudicial online dispute resolution for consumer disputes) are entrepreneurs who sell to consumers from 01.09.2016 obliged to link to the appropriate platform on their website (separate from the Terms & Conditions and Contacts).
Below you can find now a link to the online dispute resolution platform before (hereinafter "ODR platform" called). We point out that the corresponding site linked is not operated by Namasté – DeSign - Kunstgewerbe Rieber. According to the notification on the ODR platform the service will be operational from 01.15.2016.