Terms and Conditions with Customer Information
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Camelia Deleu, trading as "Camelia Deleu" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller via the Seller's online shop. The inclusion of the Customer’s own terms and conditions 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 not attributable to their commercial or self-employed professional activity.
1.3 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a legal partnership who acts in the execution of a legal transaction in the course of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop are not binding offers but serve for the Customer to submit a binding offer.
2.2 The Customer can submit an offer via the Seller’s online order form. After placing products in the virtual cart and going through the ordering process, the Customer submits a legally binding contract offer by clicking the final order button.
2.3 The Seller may accept the Customer’s offer within five days by
-sending an order confirmation (email or fax);
-delivering the goods (receipt by Customer is decisive);
-requesting payment from the Customer.
If several options apply, the contract is concluded when the first of these events occurs. If the Seller does not accept the offer within the period, this is considered a rejection.
2.4 The contract text is stored and sent to the Customer after ordering. Customers with an account can view past orders in their account area.
2.5 Before submitting the order, the Customer can correct input using usual keyboard and mouse functions. The zoom function may help detect errors.
2.6 The contract language(s) are shown in the online shop.
2.7 Order processing is typically done via email. The Customer must ensure the correctness of their email and that emails from the Seller are not blocked (e.g., by spam filters).
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further details are available in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated, all prices are total prices. No VAT is charged due to the small business exemption. Shipping costs are listed separately.
4.2 Available payment methods are shown in the online shop.
4.3 If the Customer chooses "Shopify Payments", payment is processed via Stripe Payments Europe Ltd., Ireland. Stripe may involve third parties with their own terms. More info: shopify.com/legal/terms-payments-de
5) Delivery and Shipping Conditions
5.1 Delivery is made to the address provided by the Customer within the specified delivery area.
5.2 If delivery fails due to the Customer’s fault, the Customer bears the reasonable costs. This does not apply in case of a valid withdrawal.
5.3 If the Customer is a business, risk transfers to them upon handover to the shipping company. For consumers, risk transfers upon delivery, unless they chose the carrier themselves and the Seller did not previously name them.
5.4 The Seller may withdraw if not supplied correctly by suppliers, despite proper procurement efforts. The Customer will be informed and refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
The goods remain the property of the Seller until full payment is received.
7) Liability for Defects (Warranty)
7.1 If the Customer is a business:
-The Seller chooses the type of remedy.
-Warranty for new goods expires after one year.
-No warranty for used goods.
-Replacement does not restart the limitation period.
7.2 These restrictions do not apply in cases of:
-Damages or reimbursement claims,
-Fraudulent concealment,
-Building materials causing construction defects,
-Mandatory update obligations for digital elements.
7.3 Legal recourse rights remain unaffected for businesses.
7.4 If the Customer is a merchant, the obligations under § 377 HGB apply.
7.5 Consumers are kindly asked to report transport damages to the carrier and inform the Seller. This is voluntary and does not affect warranty rights.
8) Liability
8.1 The Seller is fully liable in cases of:
-Intent or gross negligence,
-Injury to life, body or health,
-Guarantees (unless otherwise specified),
-Mandatory legal liability (e.g., Product Liability Law).
8.2 In case of minor negligence of essential obligations, liability is limited to foreseeable, typical damages.
8.3 Further liability is excluded.
8.4 These rules also apply to agents or legal representatives of the Seller.
9) Redemption of Promotional Vouchers
9.1 Promotional vouchers (not purchased) are valid only in the Seller’s shop and within the specified period.
9.2 Only consumers can redeem them.
9.3 Some products may be excluded (as stated on the voucher).
9.4 Vouchers must be applied before completing the order.
9.5 Only one voucher per order.
9.6 Order value must equal or exceed voucher value. No refund of balance.
9.7 Any remaining amount must be paid by other available methods.
9.8 No cash payment or interest on voucher balances.
9.9 If goods paid (in full or part) by voucher are returned, the voucher is not refunded.
9.10 Vouchers are non-transferable. The Seller may verify ownership.
10) Applicable Law
German law applies, excluding the UN Sales Convention. For consumers, this applies only if it does not reduce the protection granted by the laws of the country in which they reside.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in consumer arbitration procedures.
Copyright Notice: These Terms and Conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
