These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us GLORIOUSME, Maike Siever und Karin M. Klossek GbR, Hochstrasse 47, 60313 Frankfurt am Main and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract agreement
Contract language is German.
To use the full scope of our website, it is first necessary to create a customer account. Here, the data required for the provision of services by us are requested. The entries are confirmed by clicking the “Log in” button. You will then receive a confirmation e-mail with the details required for a login. Only when you have logged in to our website for the first time with this information, the registration is completed.
The password that allows you to access the personal area is strictly confidential and may not be disclosed to third parties under any circumstances. You will take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password. By registering, you enter into a free user agreement with us.
1.4 Conclusion of contract
The presentation of the assortment in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data including billing address and, if applicable, different delivery address, unless you have already stored them in your customer account. In the third step you select the desired payment method. In the fourth step you have the possibility to check all information (e.g. name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking the button “order subject to payment”. With the order you bindingly declare your contract offer. We will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notification of dispatch of the goods. Only with the acceptance the contract is concluded.
The contract text will be stored by us and sent to you in text form (e.g. e-mail, fax or post) after sending your order together with these terms and conditions and customer information. However, you will no longer be able to access the text of the contract via the website after you have sent your order. You can use the print function of the browser to print the authoritative website with the text of the contract.
1.5 Subsequent amendment of the terms and conditions
We are entitled to subsequently adjust and supplement the General Terms and Conditions of Business vis-à-vis existing business relationships insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent change to the terms and conditions will become effective if you do not object within six weeks after notification of the change. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the amendment to the contract and give you the opportunity to make an express declaration during the period. If you object in due time, we as well as you may terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
1.6 Termination of an account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. In particular, we reserve the right to delete user accounts that are not fully logged in and have been inactive for a period of at least six months. With the termination of the free user contract, the profiles and content assigned to the account will also be deleted.
2. performance and delivery
2.1 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.2 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, in the case of partial deliveries, you will not incur additional shipping costs.
2.3 Delays in delivery and performance
We shall not be responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost diligence (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite covering transactions to this effect). They entitle us to postpone delivery for the duration of the impeding event.
In the event of unavailability for reasons stated above, we may withdraw from the contract. In this context, we undertake to inform you immediately about the unavailability and to reimburse any consideration already paid without delay.
2.5 Exclusion of delivery
P.O. Box addresses are not delivered.
2.6 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or for non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
2.7 Performance time
Unless expressly agreed otherwise, delivery by us shall be made within 5 days. The start of the delivery period is, in the case of payment in advance, the day after the payment order has been issued to the remitting bank or, in the case of payment on delivery or purchase on account, the day after the contract has been concluded. The deadline ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs
All prices are inclusive of VAT. In addition, the costs for packaging and shipping, which are shown separately in each case, shall be added, unless collection by you at our place of business has been agreed. For an order value of more than 100,00 € only payment in advance is possible.
3.2 Default of payment
You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of default in payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. Should you fall behind with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The right to claim further damages remains unaffected. You have the option of proving that we have suffered no or less damage.
3.3 Right of retention
You may only assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. cancellation policy for consumers in distance contracts
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
To exercise your right of withdrawal, you must contact us (GLORIOUSME, Maike Siever und Karin M. Klossek GbR, Hochstrasse 47, 60313 Frankfurt am Main, Germany, phone: + 49 (0) 152 342 079 85, e-mail: email@example.com) by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached
Sample cancellation form
which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
– End of the cancellation policy –
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special notes on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the sealing of the goods was removed after delivery. In the case of contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.
5. your responsibility
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.
You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for securing the information sent. We cannot be held responsible for the loss of any information you send us, as we do not provide a general backup guarantee.
5.4 Profile data
You are obliged to keep the content and profile details you post up to date at all times and to inform us immediately of any misuse of your profile.
6. retention of title
The delivered goods remain our property until full payment of the purchase price. You shall treat the goods subject to simple reservation of title with care at all times. You assign to us any claim or compensation you may receive for the damage, destruction or loss of the goods delivered. If you act contrary to the contract, especially in case of default of payment, we are entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract unless we expressly declare this in text form.
7.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimension, design, scale, positioning or similar), provided that these changes are reasonable for you. Such reasonable grounds for change may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.
7.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold shall pass to you only upon delivery of the goods. If you notice that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please let us know. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to provide notification. If the goods are defective, you can choose to demand subsequent performance in the form of rectification of defects or subsequent delivery. If defects are not remedied even after two attempts at rectification, you are entitled to rescission or reduction.
7.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply to entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item already passes to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The Contractor shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
7.4 Rights in case of insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.
7.5 Compensation for defects
No warranty is given for damage resulting from improper handling or use. The following disclaimer is expressly referred to.
For used goods the warranty is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the statute of limitations expressly does not exclude liability for damages arising from injury to life, body or health or in the event of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
8. usability of the services
8.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within reasonable limits for the purpose of updating and maintenance. Furthermore, we do not guarantee the availability of the offered services at any time and do not warrant that the offered services or parts thereof will be made available and can be used from any location.
8.2 Technical requirements
The use of the website requires appropriate compatible devices. It is your responsibility to place or maintain the Device in a condition that enables you to use the Website Services.
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical for the contract.
9.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
9.3 Data backup
We perform effective data backups as part of our service provision, but we do not provide a general data backup guarantee for the data you submit. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We shall exercise reasonable care in providing the agreed service and shall provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be inadvertently damaged, corrupted, lost or partially removed.
10. final provisions
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or provided that you do not have a place of jurisdiction in the Federal Republic of Germany.
10.2 Choice of law
Unless mandatory statutory provisions according to your home law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3 Consumer Dispute Resolution Procedure
The EU Commission has created an internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
You have the following payment options with us: PayPal, invoice and prepayment (bank transfer).