Terms of service
GENERAL TERMS AND CONDITIONS (GTC)
with customer information of the online store 'Klaus Soppe Malerei' by Atelier Klaus Soppe. GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope of application
2. Conclusion of contract
3. Right of withdrawa
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Redemption of gift vouchers
7. Redemption of promotional vouchers
8. Liability for defects
9 Applicable law
1. Scope of application
1.1 These General Terms and Conditions of the company “Atelier Sandra Kolondam & Klaus Soppe” shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services 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 These GTC apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions. However, the text of the contract can no longer be retrieved by the customer via the seller's website after the order has been sent.
2.6 Before binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. We ship free of charge within Germany. We ship with Deutsche Post, DHL and large goods by forwarding agent.
For deliveries to countries within the European Union, a flat rate of EUR 7.00 applies for shipping and packaging for orders under EUR 14.99. From an order value of EUR 15.00, a flat-rate fee of EUR 15.00 applies for shipping and packaging. From an order value of 230 EUR shipping is free of charge.
Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract. Except when redeeming gift vouchers! See further information under point 6.2.2.
4.5 If the payment method ‘PayPal’ is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.6 If the payment method ‘Wix Payments.’ is selected, payment is processed via the payment service provider Adyen B.V. Adyen N.V. German Branch, Friedrichstraße 63, Entrance Mohrenstraße 17, 10117 Berlin, Tel. +49 30 30808505, Email: germany@adyen.com, Web: www.adyen.com subject to the Adyen Terms of Use, available at https://www.wix.com/about/us-wixpayments-tou
4.7 If the payment method ‘Klarna’ is selected, the payment is processed via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden. Telephone 0046 8-120 120 00 and email inkorg@klarna.se subject to the Klarna Terms of Use, available at https://www.klarna.com/de/agb/
5. Delivery and shipping conditions
5.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's checkout is decisive.
Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.
5.3 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.
6. Redemption of gift vouchers
6.1 Gift vouchers are sent to the customer by e-mail, download or post in the form of a paper voucher or a digital gift card.
6.2 Gift vouchers can be purchased in the online shop www.klaussoppe.de (Atelier Klaus Soppe) and can also be redeemed there.
6.2.1 If the gift voucher is redeemed in paper form in the online shop, we will process this manually in the background due to the technical possibilities. Please proceed as follows:
Enter the voucher code in the shopping basket using the ‘Add note’ field.
Please select ‘Prepayment’ during the order process.
Submit your order.
We will take your voucher into account manually and apply it to your order. We will then send you a corrected invoice.
If the voucher value is not sufficient for your order, you will be invoiced for the difference, which you can pay using the available payment options.
If a residual value of your voucher remains, you will receive a new voucher for this residual value. We will simply add it to your order.
6.2.2 When using the digital gift card, a tick must be placed next to Redeem gift card under ‘3 Payment’ in the payment process. The gift card code must then be entered. The amount will be automatically deducted from the invoice amount.
6.3 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date and a new voucher will be issued to the customer with the remaining value.
6.4 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
6.5 Only one gift voucher can be redeemed per order.
6.6 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
6.7 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
6.8 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
6.9 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's studio shop or online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
7. Redemption of discount/promotion vouchers
7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed in the seller's online shop and only during the specified period.
7.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
7.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Only one promotional voucher can be redeemed per order.
7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference
7.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
7.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
7.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
8. Liability for defects
The statutory liability for defects shall apply.
9. Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.1 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.