AGB

General Terms and Conditions with Customer Information - ( Allgemeine Geschäftsbedingungen mit Kundeninformationen )

 

§1 Scope

(1) The following terms and conditions (hereinafter "Terms and Conditions") of CIRCLES MOVEMENT (hereinafter "Seller") apply to all contracts 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 excluded unless otherwise agreed.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of the following provisions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

§2 Conclusion of the contract

(1) The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller. They merely serve as an invitation to the customer to submit a binding offer.
(2) The customer submits a binding offer for the goods selected and placed in the shopping cart by clicking on the button that completes the order process.
(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), whereby receipt of the order confirmation by the customer is decisive, or • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or • by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his or her declaration of intent.
(4) The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth day following the date on which the offer is sent.
(5) The customer can correct their entries at any time before submitting the binding offer using keyboard and mouse input, as well as using the "Back" function of the browser window. All entered information will be displayed to the customer in a confirmation window before the binding offer is submitted and can be corrected in the manner described above.
(6) The language available for the conclusion of the contract is German.
(7) Order processing and contact are generally 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, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

§3 Right of withdrawal

Consumers generally have a right of withdrawal. Further information can be found in the seller's cancellation policy.

§4 Prices

The prices quoted by the seller are total prices and include statutory sales tax. Any additional shipping costs will be stated separately in the respective product description.

§5 Payment conditions

(1) The seller offers various payment options, which are specified in the seller's online shop.
(2) For payment by bank transfer/prepayment, payment is due immediately upon conclusion of the contract.
(3) For payment via PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal Terms of Use apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreementfull or – if the customer does not have a PayPal account – the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

§6 Delivery conditions

(1) Unless otherwise agreed, goods shall be delivered to the delivery address provided by the customer.
(2) If the transport company returns the shipped goods to the seller due to an unsuccessful delivery attempt to the customer, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, provided they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.

§7 Retention of title

The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

§8 Warranty

The statutory liability for defects applies to the goods offered by the seller.

§9 Choice of law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) The exclusive place of jurisdiction for all disputes arising from this contract shall be the respective registered office of the defendant, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany. If the customer is domiciled outside the territory of the Federal Republic of Germany, Nicosia shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to bring the case before the court at the customer's registered office.

§10 Information on online dispute resolution

(1) The European Commission provides a platform for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer, available at: http://ec.europa.eu/consumers/odr
(2) The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.