Terms and Conditions

General Terms and Conditions with Customer Information

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Statutory Warranty)
Applicable Law
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Lena Sabos Nähatelier, trading as "Lenas Sabos" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the "Customer") and the Seller regarding goods presented in the Seller's online store. 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 Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3 A business customer within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that enters into a legal transaction in the course of its commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may 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
Delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
Requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs.

The period for accepting the offer begins on the day following the Customer's submission of the offer and ends at the conclusion of the fifth day following its submission.

If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at:

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at:

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

If the Customer pays using a PayPal payment method available during the online checkout process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 When an offer is submitted through the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted.

The Seller does not provide any further access to the contract text.

2.6 Before submitting a binding order through the Seller's online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen.

An effective technical tool for identifying input errors may be the browser's zoom function, which enlarges the information displayed on the screen.

The Customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until clicking the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online store.

2.8 Order processing and communication generally take place via email and automated order processing.

The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address.

In particular, when using spam filters, the Customer must ensure that emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a statutory right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's Withdrawal Policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address at that time are located outside the European Union.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are final prices.

VAT is not separately stated because the Seller qualifies as a small business under the German Value Added Tax Act (UStG).

Any additional delivery and shipping costs will be indicated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the Seller's control and must be borne by the Customer.

These may include, for example, costs charged by financial institutions for transferring funds (such as bank transfer fees or currency conversion fees) or import duties and taxes (such as customs duties).

Such payment-related costs may also arise if delivery does not take place outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller's online store.

4.4 If the Customer selects a payment method offered through "Shopify Payments", payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

The individual payment methods available through Shopify Payments are displayed to the Customer in the Seller's online store.

Stripe may use additional payment service providers to process payments, for which special payment terms may apply. Where applicable, the Customer will be informed separately.

Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments-de

5. Delivery and Shipping Conditions

5.1 Where the Seller offers shipping, goods will be delivered within the delivery areas specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

The delivery address specified during the Seller's order processing procedure is decisive for the transaction.

5.2 If 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 original shipping costs if the Customer validly exercises their right of withdrawal.

In the event of a valid withdrawal, return shipping costs are governed by the provisions set out in the Seller's Withdrawal Policy.

5.3 If the Customer acts as a business customer, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier, or another person or organization designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods generally passes to the Customer only when the goods are handed over to the Customer or an authorized recipient.

As an exception, the risk also passes to the consumer upon handover to the carrier if the consumer has independently commissioned the carrier or another person or organization to carry out the shipment and the Seller has not previously designated that carrier or service provider.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by its own suppliers.

This applies only if the failure to deliver is not attributable to the Seller and the Seller has entered into a specific supply agreement with the supplier with due care.

The Seller will make all reasonable efforts to obtain the goods.

If the goods are unavailable or only partially available, the Customer will be informed without undue delay, and any corresponding payments will be refunded without undue delay.

5.5 Local pickup is not available for logistical reasons.

6. Retention of Title

If the Seller delivers goods before receiving full payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects (Statutory Warranty)

Unless otherwise provided in the following provisions, the statutory regulations concerning liability for defects apply.

The following exceptions apply to contracts for the delivery of goods:

7.1 If the Customer acts as a business customer:

The Seller may choose the type of subsequent performance to remedy the defect.
For new goods, the limitation period for claims relating to defects is one year from delivery of the goods.
For used goods, rights and claims relating to defects are excluded.
The limitation period does not restart if replacement goods are delivered as part of the statutory warranty.

7.2 The limitations of liability and shortened limitation periods set out above do not apply:

To the Customer's claims for damages or reimbursement of expenses.
If the Seller has fraudulently concealed a defect.
To goods that have been used for a building in accordance with their normal purpose and have caused the building to be defective.
To any obligation of the Seller to provide updates for digital products in contracts involving goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory rights of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect goods and notify defects pursuant to Section 377 HGB applies.

If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed accepted.

7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery service and inform the Seller accordingly.

Failure to do so will not affect the Customer's statutory or contractual rights regarding defects.

8. Applicable Law

8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address at that time are located outside the European Union.

9. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.