Terms of service
GENERAL TERMS AND CONDITIONS
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1. Superfrau GmbH is a limited liability company with its registered office in Ismaning, registered in the company register of the Commercial Court Superfrau GmbH ("Superfrau") and operates an online shop under the website www.superfrau.com. These General Terms and Conditions("GTC") apply to all orders placed by the customerAGB(the "customerKunde", superwoman and the customer together the "contractingparties")via the online shop ofSuperfrau, in each case in the version valid at the time of the order. If the customer is an entrepreneur, these GTC also apply to orders by telephone, e-mail, order form or direct sale.
1.2. Insofar as these GtC refers to "consumers", these are natural persons in which the purpose of ordering goods from the online shop cannot be attributed to a commercial, independent or professional activity, i.e. a business does not belong to the business of their business.
1.3. Insofar as these GtC refers to "entrepreneurs", these are natural or legal persons or partnerships with legal rights for which the business is part of the operation of their business. The distinction between consumer and entrepreneur is made within the meaning of the KschG.
1.4. Superfrau expressly rejects any general terms and conditions of the customer. Deviating or supplementary general terms and conditions of the customer do not become part of the contract, even if they have not been expressly contradicted. Deviations from these General Terms and Conditions, supplementary agreements, or any conflicting terms and conditions of the customer are only effective if they are confirmed by Superfrau in writing.
1.5. The provisions of these General Terms and Conditions may be changed by Superfrau at any time without giving reasons, whereby such changes will be made known on the Superfrau website at least 30 days before their entry into force and (if necessary) by sending the contract text to the e-mail address last disclosed by the customer. If the customer does not object to the changes within 30 days of receipt of the aforementioned announcement in writing by e-mail to firstname.lastname@example.org, the changes shall be deemed to have been accepted. In the event of a customer's timely objection, the contractual relationship between that customer and the superwoman shall continue in accordance with the GTC as amended prior to the made-out change.
2. WARENANGEBOT UND VERTRAGSABSCHLUSS
2.1. Superfrau offers the items shown in the shop "Superfrau." for sale. The colour representation of the articles on the website may vary slightly depending on the internet browser used and monitor settings of the customer; these deviations are never entirely avoidable technically.
2.2 By clicking on the button "Order now", the customer makes a binding offer for him to conclude a contract with Superfrau. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by e-mail to the e-mail address specified by the customer. Superfrau reserves the right to request proof of the identity and creditworthiness of the customer before accepting an order. Any offers made by Superfrau on conclusion of the contract are subject to change and are non-binding and constitute only an invitation to place an order by the customer.
2.3. Customers who are entrepreneurs also have the option to place their order by phone, e-mail, order form or direct sale to Superfrau. By placing his order by telephone, e-mail, order form or direct sale, the customer makes a binding offer for him to conclude a contract with Superfrau. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by e-mail to the e-mail address specified by the customer. For the rest, point 2.1 of these GtC applies.
3. PRICES AND PAYMENT TERMS
3.1. Unless otherwise agreed, the prices reported on the Superfrau's website under www.superfrau.com, including statutory vat, will be charged. Shipping costs are not included in the stated price; these are additionally incurred.
3.2. If export, import duties or other charges related to the shipment of the product become due in the course of shipping, these shall be borne by the customer.
3.3. The customer can choose from the payment methods available in the online shop during and before the completion of the ordering process. If the customer is an entrepreneur, payment by invoice is also possible.
3.4. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
3.5. In the event of a delay in payment by the customer, Superfrau is entitled to charge default interest in the amount of 9% p.a. from the respective due date. If the customer is an entrepreneur, default interest of 9.2% p.a. above the base interest rate recently announced by the European Central Bank shall be charged in the event of a delay in payment by the customer.
3.6. Furthermore, in the event of late payment, the customer undertakes to reimburse Superfrau for the resulting dunning and collection expenses, insofar as they are necessary for appropriate legal proceedings and are proportionate to the claimed. The assertion of further rights and claims remains unaffected.
4. LIEFERBEDINGUNGEN, VERSANDKOSTEN
4.1. Unless expressly agreed as binding, specified delivery periods shall only be deemed to be approximate and non-binding. Binding appointments must be recorded in writing or confirmed by Superfrau in writing
4.2. The ordered goods will be delivered to the delivery address specified by the customer using a standard shipping method at the discretion of Superfrau.
4.3. The costs for sending the goods to the delivery address specified by the customer will be invoiced in addition to the price of the goods
4.4 If the delivery to the customer fails because the customer has given the delivery address incorrectly or incompletely or is not reachable at the delivery time, a new delivery attempt will only take place if the customer assumes the costs for the re-shipment. The new shipping costs according to the shipping costs agreed at the time of conclusion of the contract. For this purpose, the provider will inform the customer of the necessary costs of re-delivery by e-mail. A new shipment will only take place after receipt of payment of these costs.
4.5. The shipment of the goods takes place at the risk of the customer. If the customer is a consumer, the risk of loss or damage to the goods passes to the customer upon delivery of the goods to the customer or to a third party designated by the customer. If the customer, who is a consumer, has himself concluded the contract of carriage without using a method of dispatch proposed by Superfrau, the risk shall already pass on to the carrier upon delivery of the goods.
The customer is not entitled to offset against claims of superwoman with counterclaims. However, this does not apply to consumers in the event of the insolvency of a superwoman or to counterclaims that are legally related to a claim of superwoman, have been established in court or are recognised by superwoman. In these cases, it is possible for consumers to offset.
6. RESERVATION OF THE RIGHT
The goods remain the property of Superfrau until full payment has been made. A resale is only permitted if this superwoman has been announced in good time, citing the name or company and the exact (business) address of the customer and superwoman agrees to the sale. In the case of the consent of Superfrau, the purchase price claim is already deemed to have been assigned to Superfrau and Superfrau is entitled at any time to notify the buyer of this assignment.
7.1. The statutory warranty provisions apply.
7.2. The warranty is excluded in the event of defects caused by the customer. This is particularly the case with improper handling.
7.3. If the customer is an entrepreneur, point 8.1. and 8.2. of these GTC shall apply with the following deviations:
7.3.1. It is the customer's responsibility to inspect any defects of the goods immediately after receipt of the goods. Defects found in this case must also be reported to the superwoman immediately, at least within 7 days after receipt, in writing under description of the defect. Hidden defects must be reported immediately after their discovery. If a notice of defects is not filed or is not filed in due time, the goods shall be deemed to have been approved and accepted, which excludes the assertion of warranty and damages claims as well as the right to challenge errors due to defects. The presumption provision of Section 924 of the AbGB is excluded.
7.3.2. Superwoman reserves the right to fulfil the warranty claim at her discretion by improving, replacing, reducing prices or converting it.
8.1. Superwoman shall be liable to customers who are consumers if damage has been caused intentionally or through gross negligence. The liability of superwoman for slight negligence is excluded, except for personal injury.
8.2. To the extent permitted by law, Superfrau shall be liable to customers who are entrepreneurs, regardless of their legal reason, only if damage caused by superwoman was grossly negligent or intentional. The liability of Superfrau for slight negligence is excluded to the extent permitted by law. Liability for personal injury remains unaffected.
8.3. To the extent permitted by law, superwoman's liability to customers who are entrepreneurs is limited to the purchase price of the products purchased by him.
8.4. Superfrau excludes to customers who are entrepreneurs any liability for indirect damages, lost profits, interest losses, non-savings, consequential and financial losses or damages arising from claims of third parties.
8.5. In no case shall Superfrau be responsible for force majeure, industrial disputes, natural disasters and other circumstances beyond the control of superwoman or reasons for which Superfrau is not responsible and which delay the performance of a contract.
8.6. Claims for damages by the customer, if this is an entrepreneur, can only be asserted in court within six months from the date of knowledge of damage and damage, and at the latest within three years after the event giving rise to the claim.
9. REVOCATION FOR CONSUMERS
Customers who are consumers within the meaning of the Consumer Protection Act are entitled to the following right of withdrawal:
9.1. The customer has the right to withdraw from the contract within fourteen days without giving reasons.
9.2. The withdrawal period is fourteen days
- from the date (in the case of a contract of sale) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods; Or
- from the date (in the case of a contract for the regular delivery of goods over a specified period of time) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the first goods.
9.3. In order to exercise the right of withdrawal, the customer must announce the withdrawal of the contract by means of a clear declaration (e.g. by means of a letter sent by post or e-mail) to Superfrau to hello@Superfrau.com or to Superfrau GmbH, Moaranger 6, 85737 Ismaning. The customer can use the following model withdrawal form or other unambiguous declaration for the revocation as well as download and transmit the sample withdrawal form on the website www.Superfrau.com.
9.4. In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.5. If the Customer withdraws from the Contract, Superfrau shall reimburse to the Customer all payments received by Superfrau from the Customer, including delivery costs (with the exception of the additional costs resulting from the customer's choice of a type of delivery other than the cheapest standard delivery offered by Superfrau) without undisclosed and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by Superfrau. For this repayment, Superfrau will use the same means of payment that the customer used in the original transaction, unless otherwise expressly agreed with the customer; under no circumstances will the customer be charged any fees for this repayment.
9.6. Superwoman may refuse the refund until The Superwoman has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier. The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which the customer informs Superfrau of the revocation of this contract to the following address: Superfrau GmbH, Moaranger 6, 85737 Ismaning. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The customer bears the direct costs of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
9.7. Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
To Superfrau GmbH, Moaranger 6, 85737 Ismaning, E-Mail: email@example.com
I/we revoke (*)
- the contract concluded by me/us (*) for
- the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)
- Name of the consumer(s)
- Address of the consumer(s)
(*) Inaccurate deletion
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
12.2 The place of performance for all services arising from the business relations and place of jurisdiction that exists with us is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The power to bring an action before the court at another legal place of jurisdiction remains unaffected by this.
12.3 The provisions of the UN Convention on Contracts for the Convention on Contracts for the Resale rights expressly do not apply.
13. FINAL DETERMINATIONS
13.1. Should individual provisions of these General Terms and Conditions be or become invalid, the remaining content of the GtC shall not be affected. The invalid provision shall be replaced by an effective provision which is legally valid and comes closest to the economic purpose of the invalid provision.
13.2. Amendments, additions and ancillary agreements to these General Terms and Conditions must be made in writing in order to be effective. This also applies to the agreement to depart from this formal requirement. In the event of any contradictions between these General Terms and Conditions and deviating written agreements between the Contracting Parties, the provisions of the deviating agreements shall take place.