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
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.