GENERAL TERMS AND CONDITIONS
General terms and conditions with Customer information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and Shipping terms
6. Retention of title
7. Liability for defects
8. Gift certificate redemption
9. Redemption of promotional vouchers
10. Applicable law
11. Applicable law
12. Information about Online Dispute ResolutionJurisdiction
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "Make me happy 24/7 GmbH" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods presented by the Seller in its goods presented by the seller in his online store. Herewith the inclusion of of the customer's own conditions, unless otherwise agreed. otherwise agreed.
1.2. For the purchase of vouchers, these these GTC apply accordingly, unless otherwise expressly regulated. is not expressly regulated otherwise.
1.3. Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. activity can be attributed to them.
1.4. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity partnership who, when concluding a legal transaction, acts in the exercise of his or her its commercial or self-employed professional activity.
2. Conclusion of contract
2.1. The product representations contained in the online store of the contained in the online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. offer by the customer.
2.2. The customer can submit the offer via the online online order form integrated into the online store of the seller. In doing so the customer, after he has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button that concludes the ordering process. binding contract offer in relation to the goods contained in the shopping cart. goods contained in the shopping cart.
2.3. The seller may accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail). e-mail), whereby the receipt of the order confirmation by the customer is decisive. customer is decisive, or
- by delivering the ordered goods to the customer delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing order for payment.
If there is more than one of the aforementioned alternatives the contract shall be concluded at the time when one of the aforementioned alternatives of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the and ends with the expiry of the fifth day following the dispatch of the offer. of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the consequence that the customer is no longer bound to his declaration of intent.
2.4. If you select the payment method "PayPal Express" the payment will be processed by the payment service provider 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects PayPal Express" as a payment method during the online ordering process, he gives by clicking the button concluding the ordering process also submits a payment order to PayPal. In this case the In this case, the seller, in derogation of paragraph 2.3 already now the acceptance of the offer of the customer's offer at the time when the customer clicks the button that completes the button that completes the order process triggers the payment process.
2.5. When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after the after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail the customer's order in text form (e.g. e-mail, fax or letter). A further accessibility of the contract text by the seller does not take place. Seller does not take place. If the customer before sending his order account in the online store of the seller before submitting his order, the order data is archived on the website of the seller and can be accessed by the customer via his and can be retrieved free of charge by the customer via his password-protected user account login data free of charge.
2.6. Before binding submission of the order order via the online order form of the seller, the customer can correct possible possible input errors by carefully reading the information displayed on the screen. information displayed on the screen. An effective technical means for better errors can be the magnification function of the browser, which can be used to browser, with the help of which the display on the screen is enlarged. screen. The customer can make his entries before binding submission of the order the electronic ordering process using the usual keyboard and mouse functions. keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the order is confirmation window and can also be corrected there using the usual keyboard and mouse functions to correct them.
2.7. For the conclusion of the contract The German language is exclusively available for the conclusion of the contract.
2.8. The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order order is correct, so that the e-mails sent by the seller can be received at this e-mails sent by the seller can be received. In particular customer must ensure that all e-mails sent by the seller or by the seller with the Seller or third parties commissioned by the Seller to process the order. 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 right of withdrawal.
3.2. More information on the right of withdrawal can be found in the seller's cancellation policy.
4. Prices and terms of payment
4.1. Unless otherwise stated in the product description description of the seller, the prices quoted are total prices that include the statutory prices are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. respective product description separately.
4.2. For deliveries to countries outside the European Union may incur additional costs in individual cases, which the Seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. import duties or taxes). duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the the European Union, but the customer makes the payment from a country outside the from a country outside the European Union.
4.3. The customer has various payment options, which are indicated in the online store of the seller. are indicated.
4.4. If you select the payment method "PayPal the payment will be processed by 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. such an account.
4.5. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. The payment is made to Klarna in each case:
• Klarna invoice: When buying on account with Klarna you always get the goods first and you have always a payment period of 14 days. The complete terms and conditions for purchase on account for Deliveries to Germany can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for Deliveries to Austria can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/invoice?fee=0.
• SOFORT Bank transfer
• Credit card (Visa/ Mastercard/ AmericanExpress)
• Direct debit
The payment options are offered within Klarna Checkout offered. More information and the terms of use for Klarna Checkout can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/checkout for Germany and here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/checkout
for Austria. General information about Klarna you can get here https://www.klarna.com/de/.
Your personal data will be processed by Klarna in in accordance with the applicable data protection regulations and as Klarna's data protection policy for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy treated.
Please note that Klarna does not assume the fulfillment of the legal information obligations in the relationship merchant-customer. customer. In particular, Klarna does not send the customer any information regarding customer any information on a possible right of withdrawal for the contract between the merchant and the customer and also no order confirmation. For the fulfillment of the legal obligations with regard to the contractual relationship between customer and merchant. merchant is therefore responsible for fulfilling the legal obligations.
4.6. If the payment method "SOFORT" is selected the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the customer must have a online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT". PIN/TAN procedure, identify himself accordingly during the payment process and and confirm the payment instruction to "SOFORT". The transaction will be carried out immediately afterwards by "SOFORT" and the debited from the customer's bank account. More information about the payment method "SOFORT" is available to the customer on the Internet at https://www.klarna.com/sofort/ call up.
5. Terms of delivery and shipping
5.1. Dhe delivery of goods regularly takes place by shipping and to the delivery address specified by the customer. At the transaction, the delivery address specified in the purchase transaction of the seller the delivery address specified in the purchase transaction of the seller. Deviating from this is when selecting payment method PayPal, the customer at the time of payment at PayPal at the time of payment shall be decisive.
5.2. If the transport company returns the returned to the seller because delivery to the customer was not possible. was possible, the customer bears the costs for the unsuccessful shipment. This customer is not responsible for the circumstance that led to the impossibility of delivery or if he is the impossibility of delivery, or if the customer was temporarily prevented from accepting the the acceptance of the offered service, unless the seller has given him a reasonable Seller had notified him of the performance a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer. in the cancellation policy of the seller.
5.3. Self-collection is not possible for logistical reasons not possible.
5.4. Vouchers are given to the customer as follows left:
per E-Mail
per Download
postal
6. Reservation of ownership
If the seller makes advance payment, he shall retain the right to the full payment of the purchase price owed, the seller retains ownership of the goods delivered. ownership of the delivered goods until full payment of the purchase price owed.
7. Mängelhaftung
7.1. If the purchased item is defective, the statutory provisions of the statutory liability for defects.
7.2. The customer is requested to complain about delivered goods goods with obvious transport damage to the carrier and to inform the inform the seller of this. If the customer does not comply with this, this has no effect on its statutory or contractual claims for claims for defects.
8. Gift certificate redemption
8.1. Vouchers that can be purchased via the online store of the can be purchased through the online shop of the seller (hereinafter referred to as "Gift Vouchers"), can only be redeemed in the online store of the seller. be redeemed.
8.2. Vouchers that can be purchased via the online store of the can be purchased through the online shop of the seller (hereinafter referred to as "Gift Vouchers"), can only be redeemed in the online store of the seller. be redeemed..
8.3. Gift vouchers can only be redeemed be redeemed before completion of the order process. A subsequent Offsetting is not possible.
8.4. Only one gift voucher can be redeemed per gift certificate can be redeemed.
8.5. Gift certificates can only be used for the purchase of goods and cannot be used for the purchase of other gift vouchers. be used.
8.6. If the value of the gift voucher is not sufficient to cover the order, the difference can be paid by one of the other payment methods one of the other payment methods offered by the seller.
8.7. The credit balance of a gift voucher is neither paid out in cash nor earn interest.
8.8. The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the online store of the seller. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the of the ineligibility, the legal incapacity or the lack of representation of the representation authorization of the respective holder has..
9. Redemption of promotional vouchers
9.1. Vouchers issued by the seller as part of promotional campaigns with a certain period of validity and which cannot be and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be (hereinafter "promotional vouchers"), can only be redeemed in the online store of the seller and only in the specified period.
9.2. Individual products may be excluded from the be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotion voucher.
9.3. Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible. not possible.
9.4. Only one voucher can be redeemed per Promotion voucher can be redeemed.
9.5. The value of the goods must be at least of the promotional voucher. Any remaining credit balance will not be not refunded.
9.6. If the value of the promotional voucher is not cover the order, the difference can be paid by one of the other payment methods one of the other payment methods offered by the seller can be chosen
9.7. The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.8. The promotional voucher will not be refunded, if the customer returns the goods paid for in full or in part with the promotional voucher returns goods within the scope of his statutory right of revocation.
9.9. The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the redeem the promotional voucher in the online store of the seller. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the of the ineligibility, the legal incapacity or the lack of representation authorization to represent the respective holder.
10. Applicable law
For all legal relations of the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the on the international purchase of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not precluded by mandatory of the law of the country in which the consumer has his habitual residence. consumer has his habitual residence, is withdrawn.
11. Jurisdiction
If the customer is a merchant, a legal entity under public legal entity under public law or a special fund under public law with its with its registered office in the territory of the Federal Republic of Germany, the sole place of exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or contract, if the contract or claims arising from the contract to the professional or commercial or commercial activity of the customer can be attributed. The seller is entitled in the above cases in any case, the court at the registered office of the customer.
12. Information on online dispute resolution
The EU Commission makes available on the Internet at following link to a platform for online dispute resolution: https://ec.europa.eu/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts service contracts in which a consumer is involved.
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board. obligated nor willing.