General sales and delivery conditions
The following general sales and delivery conditions apply for all orders via our online shop:
1. Scope of application
1.1 The business relationship between Träumeland GmbH, registered under FN 301893 k , Sportstrasse 11, 4142 Hofkirchen im Mühlkreis (hereinafter referred to as the "seller") and natural persons for whom this business does not constitute the operation of a company (hereinafter referred to as the "customer") is governed exclusively by these General Sales and Delivery Terms (hereinafter referred to as "GTCs") in the version applicable at the time the order was placed. By clicking the check box "I have read the GTCs of your store and agree with their validity" in the shopping basket before placing the order, the customer agrees to these GTCs and is bound by them. The GTCs can be accessed and saved or printed at any time from https://www.traeumeland.com/EN/GTC.
1.2 Deviating conditions of the customer are not recognised unless the seller expressly agrees to their validity. This applies equally if the seller has not expressly objected to the GTCs or other deviating provisions on the part of the customer.
2. Offers and service descriptions
2.1 The products depicted in the online shop are not a legally binding offer, but an invitation to place an order. Descriptions of services in the seller's catalogues or on the website do not constitute an assurance or guarantee.
2.2. All offers are "as long as stocks last" unless specified otherwise under the products. Subject to errors.
3. Order process and conclusion of the contract
3.1 The customer may place an order as a guest, or register. If the customer registers, he must choose a password and complete all the mandatory fields indicated with an asterisk (*). The customer may also opt not to register with the seller, and to continue the order process as a "guest". The customer can then select products from the seller's range without obligation and collect them in a so-called shopping basket by clicking on the "ADD TO BASKET". The product selection can be amended, e.g. deleted, within the shopping basket. By clicking on "NEXT STEP" within the shopping basket, the customer can then proceed to entering the delivery and invoicing address. The "NEXT STEP" button takes the customer through to completing the order process by selecting the corresponding payment method.
3.2 By clicking on the "CONFIRM AND PAY" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can view and amend the details at any time, and use the "back" browser function to return to the shopping basket, or stop the order process altogether. Required details and information required to place an order are indicated with an asterisk (*).
3.3 The seller will then send the customer an automatic confirmation of receipt with details of the customer's order which the customer can print out by clicking on "Print" (order confirmation). The automatic confirmation of receipt simply documents that the seller has received the customer's order, and does not constitute acceptance. The purchase contract is concluded only when the seller - unless a separate delivery time is specified for the respective goods in the online store - has despatched the ordered product to the customer within 3 days, handed it over or confirmed despatch to the customer within 3 days via a second e-mail, explicit order confirmation or submission of the invoice. If the end of the deadline is a Saturday, Sunday or a public holiday, the goods will be dispatched on the next working day.
4. Prices and shipping costs
4.1 All prices are indicated on the seller's website, are in euro and are inclusive of the applicable mandatory sales tax.
4.2 The seller also charges shipping costs in addition to the prices shown. The shipping costs are clearly displayed for the buyer during the ordering process.
5. Delivery, availability of products
5.1 Where payment is made via credit card, Paypal and immediate transfer (Klarna), goods are delivered on receipt of the invoice amount. In the event of payment on account (Klarna), goods are delivered when the order confirmation is sent.
5.2 If the seller specifies an expected delivery date or an expected delivery deadline before or at the time of order confirmation, this delivery deadline or delivery date should not be considered to be binding. It is simply a non-legally binding commitment to the customer on the part of the seller. The customer cannot therefore assert any claims (in particular claims for damages) from any failure to comply with the delivery period or delivery date specified by the seller.
5.3 The customer will be advised of delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) within the respective product description. We are able to deliver to Austria, Germany and France.
5.4 If the ordered product is not available because the seller has not been supplied with this product by his supplier through no fault of his own, the seller is entitled to withdraw from the contract. In this event, the seller will inform the customer immediately and offer to supply a comparable product. If no comparable product is available, or if the customer does not want to accept a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.5 The seller is not responsible for delays in delivery and/or performance due to force majeure or due to events that make it considerably more difficult or impossible or impractical for the seller to provide the service (such as strike, lockout, official decrees); this also applies if such delays in delivery and/or performance do not occur at the seller itself but at its suppliers or subcontractors.
5.6 If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller is entitled to withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.7 In the event of such delays in delivery and/or performance, the seller is entitled to withdraw from the contract without the customer being entitled to any claims for damages or other claims.
5.8 The seller is entitled to make partial deliveries, whereby each partial delivery is considered to be a separate delivery.
5.9 Packaging and despatch are at the cost and risk of the customer. Use and risk passes to the customer on handover of the goods to the customer on site or to the respective transport company commissioned with despatch or on notification to the customer that the goods are ready for despatch.
6. Payment methods
6.1 The online shop offers customers the following payment methods:
- Credit card
- Purchase on account (Klarna)
- Immediate transfer (Klarna)"
6.2 In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers the following payment options. Payment is always made to Klarna:
- Invoice: The payment term is always 14 days from despatch of the goods/the ticket.
- Payment in instalments (available in Germany only): The Klarna financing service allows you to pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of 6.95 EUR) or under the conditions otherwise specified at checkout. The instalment payment is due at the end of each month after Klarna has sent a monthly invoice.Customers wanting to pay on receipt of invoice and by instalments are subject to a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks in the context of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check."
6.3 A discount deduction is permitted only with special written agreement.
6.4 In the event of late payment by the customer, the seller is entitled to charge interest at a rate of 4% per annum for the period from the due date until receipt of payment.
6.5 Furthermore, all reminder or collection charges and additional fees incurred in connection with the outstanding claim are payable equal to the principal debt.
6.6 Should the seller handle the collection process himself, the customer is required to pay a fixed fee of 40.00 EUR.
6.7 Cancellation is expressly excluded in the event of customer-specific special orders. In this situation, the customer is all circumstances required to pay the full price.
7. Retention of ownership
7.1 All deliveries made by the seller remain the sole property of the seller until full payment of all invoice claims in respect of the amount agreed between the seller and the customer. For the period that the reservation of ownership above is asserted, the disposal, pledging, transfer by way of security or other transfer of the items delivered and covered by the reservation of ownership is not permitted without the prior express written consent of the seller.
8. Warranty and guarantee
8.1 The warranty conditions are determined by legal provisions.
8.2 A warranty is in place for the goods delivered by the seller only where such warranty has been expressly issued. Customers are informed of the warranty conditions prior to entering into the order process.
9.1 The seller accepts liability only for damage which the seller or his vicarious agents have caused the customer intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act.
10. Storage of the contract text
10.1 The customer can print out the contract text prior to submitting the order to the seller by using the print function in his browser during the final step of the order.
10.2 The seller also sends the customer an order confirmation with all the order details to the email address provided by the customer. The customer also receives a copy of the GTCs and cancellation policy with the order confirmation.
11.1 The exclusive copyrights and rights of use of the online store, the website of the online store and its content are held by the seller. The customer is obliged to respect the intellectual property of third parties.
11.2 Any use, including the reproduction, modification, distribution, transmission, publication, exhibition or demonstration of the content of the online store and/or the website is prohibited. In particular, the customer is not entitled to copy, download, store and/or sell and/or use for commercial purposes in any way whatsoever the content made available in the online store or on the website of the online store. The customer is permitted to download and save press releases and other content obviously released for download. The online store, its contents including advertising content, as well as the software used in connection with the online store are protected by legal provisions, in particular copyright, trademarks, patents or other rights to protect intellectual property.
12. Final Provisions
12.1 The contractual language is German.
12.2 European Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Hofkirchen im Mühlkreis, 25.05.2020