GTC

General Terms and Conditions

1. scope of application

All orders and other services are only accepted and executed by Anja Bauer - Lebensgefaesse subject to the following terms and conditions. They apply to transactions with natural persons and companies. 

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. 

An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

The General Terms and Conditions shall also apply without express agreement to all future transactions between the parties and even if Anja Bauer - Lebensgefaesse carries out the delivery or service without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if I have expressly agreed to them.

2 Contractual partner, conclusion of contract

Anja Bauer - Lebensgefaesse's offers are non-binding, unless expressly agreed otherwise in writing. 

2.1 Changes or deviations in shape, color and/or weight are permissible to the extent customary in the industry and trade. Product photos can lead to a slight change in color reproduction due to the way they are taken, so that the product may have slight optical deviations in nature.

2.2 The contract is concluded by Anja Bauer - Lebensgefaesse's written order confirmation or by its performance. 

a) For the purchase of goods declared in the online store
The purchase contract is concluded with Anja Bauer.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place the products in the shopping cart 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. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
Depending on the payment method selected, the contract is concluded at the moment when the complete payment process has been completed.

b) For individual orders
The order placed by the Purchaser via the Internet, in writing, by telephone or verbally is a binding offer.
In these cases, the contract is only concluded when Anja Bauer - Lebensgefaesse has confirmed this offer of the Purchaser in writing or by sending the goods or performing the service.

2.3 Cost estimates, drawings and other documents that are not part of the scope of delivery shall remain the property of Anja Bauer. They may not be made accessible to third parties. If the contract is not concluded, all documents etc. must be returned to Anja Bauer without prior request.

3. prices

The prices listed on the day of the order apply to Internet orders.
In addition, packaging and postage costs are borne by the buyer. They depend on the size, weight and quantity of the products ordered, as well as the country of delivery, and are calculated and displayed before the order process is completed. I accept no liability for any pricing errors or misprints.

For individual orders, the price will be calculated individually according to time and effort etc. and announced before the contract is concluded, including the respective shipping costs. 

4. contract language, contract text storage

The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

5. terms of delivery

Shipping costs may be incurred in addition to the stated product prices. You can find more detailed provisions on any shipping costs incurred in the offers.

5.1 Anja Bauer endeavors to deliver as quickly as possible. The dates stated by Anja Bauer - Lebensgefaesse are always non-binding, unless delivery periods or dates are expressly marked as binding in the order confirmation. Unless expressly agreed otherwise in writing, they shall commence upon conclusion of the contract. Fixed dates must be specially marked as such with a corresponding addition.

5.2 If the Purchaser is in default of acceptance or culpably violates other obligations to cooperate, Anja Bauer - Lebensgefaesse is entitled to demand compensation for the damage to which it is entitled in this respect, including any additional expenses.

5.3 Further claims of Anja Bauer - Lebensgefaesse, e.g. withdrawal from the contract, remain reserved. If circumstances become known after conclusion of the contract which give rise to doubts about the reliability, in particular the solvency of the customer, Anja Bauer - Lebensgefaesse reserves the right to make the delivery dependent on securities or advance payment. Anja Bauer - Lebensgefaesse is entitled to withdraw from the contract if the purchaser has made false statements about his creditworthiness or if the creditworthiness is objectively not given according to reliable information. Claims for compensation on the part of the purchaser arising from the withdrawal are excluded.

5.4 Anja Bauer - Lebensgefaesse's obligation to perform shall be suspended in cases of force majeure (including war, operational or traffic disruptions, strikes, lockouts, shipping disruptions, technical interruptions of operations, insufficient supply of operating materials, official measures and other events for which Anja Bauer - Lebensgefaesse is not responsible). In these cases, Anja Bauer - Lebensgefaesse is entitled to postpone the fulfillment of the service as long as these events last, but by a maximum of two months. In the event of a permanent disruption of performance or one that lasts longer than two months, Anja Bauer - Lebensgefaesse is entitled to withdraw from the contract in whole or in part. In this case, Anja Bauer - Lebensgefaesse will inform the customer immediately about the non-availability of the service. In the event of withdrawal, the customer shall not be obliged to provide the consideration and shall immediately receive back any advance payment made by him. The purchaser shall not be entitled to any claims for damages. 

5.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover. 

All deliveries are insured to the appropriate amount by the shipping service provider.

6. payment

The following payment options are available: 

Paypal

Stripe (credit card payments)

Instant bank transfer (Klarna)

EPS

ApplePay

GooglePay

Cash payment

As part of the payment process, you will be redirected to the respective payment provider page and can make the payment by entering your access data and following the provider's further instructions. Functionality, liability and data security in this context are the responsibility of the respective payment provider.

7. right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. reservation of title

The goods remain the property of Anja Bauer until full payment has been made.

For entrepreneurs, the following also applies: We reserve 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 authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

9. transportation damage

9.1 The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer 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, you will help us to assert our own claims against the carrier or the transport insurance company.

9.2 The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 UGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

10 Warranty and guarantees

10.1 Only the product description of Anja Bauer - Lebensgefaesse shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by Anja Bauer - Lebensgefaesse or by third parties do not constitute a contractual description of the quality of the goods. Warranty claims of the customer do not exist in the case of deviations customary in the industry and trade within the meaning of section 2.1. A slight optical difference to the product photo due to the technical color deviation of the photo does not constitute a defect within the meaning of the warranty for defects. An exchange or return may then only be made as a gesture of goodwill.
In the case of insignificant defects, the customer has no right of withdrawal. Warranty rights of the purchaser are excluded insofar as these are based on modifications to the goods that Anja Bauer - Lebensgefaesse has carried out at the express request of the purchaser.

10.2 The warranty does not extend to normal wear and tear. The warranty shall expire if the customer modifies the delivered goods.

10.3 The customer must report defects in writing without delay. Obvious defects must be reported in writing within one week of receipt of the goods, hidden defects within one week of discovery. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to give notice of defects. 

10.4 The customer may only withhold payments to an extent that is reasonable in relation to the defects that have occurred.

10.5 If a defect is present and has been notified in good time within the meaning of clause 10.3, Anja Bauer - Lebensgefaesse shall be entitled, at its discretion, to provide subsequent performance within a reasonable period of time in the form of rectification of the defect or delivery of defect-free goods. Anja Bauer - Lebensgefaesse shall bear all expenses necessary for the purpose of rectification. If the expenses increase disproportionately, e.g. because the item has been moved to another location contrary to its intended use, Anja Bauer - Lebensgefaesse may refuse subsequent performance. 

10.6 If the subsequent performance fails, the customer shall be entitled to demand either a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). In the case of insignificant defects, the Purchaser shall not be entitled to withdraw from the contract. In addition, Anja Bauer - Lebensgefaesse shall be liable for any claims for damages of the purchaser due to or in connection with defects of the goods exclusively in accordance with clause 12.

10.7 Claims for defects shall become statute-barred within one year, calculated from the beginning of the statutory limitation period. This shall not apply if Anja Bauer - Lebensgefaesse has fraudulently concealed the defect and for the mandatory liability of Anja Bauer - Lebensgefaesse for damages in accordance with Clause 12 Agreements between the Purchaser and its customers which go beyond the statutory claims for defects shall not be at the expense of Anja Bauer - Lebensgefaesse. Section 10.3 shall apply accordingly to the scope of the Purchaser's right of recourse against Anja Bauer - Lebensgefaesse. The limitation period in the event of a delivery recourse remains unaffected; it is five years, calculated from the delivery of the defective goods, but expires at the latest two months after the time at which the Purchaser has fulfilled the claims of its customer. 

10.8 The customer shall immediately hand over the rejected goods to Anja Bauer - Lebensgefaesse, specifying the defect, without prejudice to clause 10.5. Anja Bauer - Lebensgefaesse is not obliged to take back goods which are returned to Anja Bauer - Lebensgefaesse without showing a defect. If Anja Bauer - Lebensgefaesse takes back the faultless goods and issues a credit note, this is done after deduction of the packaging and shipping costs incurred. If the goods have been damaged after the transfer of risk, Anja Bauer - Lebensgefaesse may also deduct an appropriate reduction in value from the credit note.

10.9 The returned item must be sent together with a copy of the invoice. In the event of a defect in the goods, Anja Bauer - Lebensgefaesse shall bear the shipping costs of the return shipment and shall issue the return label for the customer.

11. return shipment 

Only new goods from the current range in the online store and in perfect original condition will be taken back by Anja Bauer - Lebensgefaesse by way of return (the goods have no defects). This must be done within 14 days of receipt of the goods. The return period is deemed to have been met if the goods are dispatched within the deadline (invoice date). The costs of the return (shipping costs etc.) are to be borne by the customer.
For the return shipment, the goods must be packaged and shipped in the same break-proof manner as they were received by the customer.

Custom-made products and discounted goods cannot be exchanged.

12. Liability/compensation

12.1 Claims for damages by the customer, regardless of the legal grounds (e.g. default, defects in the goods, breach of duties arising from a contractual obligation or during contract negotiations, tort), which go beyond the provisions of these General Terms and Conditions, are excluded. This does not apply if liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, or in the event of a breach of material contractual obligations by Anja Bauer - Lebensgefaesse, its legal representatives or vicarious agents, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, or insofar as Anja Bauer - Lebensgefaesse has expressly assumed a guarantee in writing for the quality of an item or has assumed a procurement risk. This does not imply a change in the burden of proof to the detriment of the customer. 

12.2 Compensation for the breach of essential contractual obligations shall be limited to the foreseeable average damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. This does not imply a change in the burden of proof to the detriment of the customer. 

12.3 The Purchaser is aware that modifications at the request of the Purchaser lead to changes in the qualitative specifications of the goods, which may not correspond to the original characteristics. The Purchaser shall indemnify Anja Bauer - Lebensgefaesse against all claims of third parties based on the fact that Anja Bauer - Lebensgefaesse has modified the goods at the request of the Purchaser. 

13. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/
My email address is anja.bauer@lebensgefaesse.com .

14. place of jurisdiction / place of performance

14.1 The place of performance and jurisdiction is the registered office of Anja Bauer - Lebensgefaesse. Anja Bauer - Lebensgefaesse is also entitled to sue the customer before any other legally competent court. 

14.2 Any transfer of the Purchaser's rights and obligations under the contract shall require Anja Bauer - Lebensgefaesse's written consent. 

14.3 Anja Bauer - Lebensgefaesse is entitled to use or utilize data of the goods and payment transactions with the customer in compliance with data protection regulations. 

14.4 Should individual provisions of the contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.