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Conditions 

table of contents

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1.  scope

2.  conclusion of contract

3.  right of withdrawal

4.  Prices and terms of payment

5.  Delivery and shipping conditions

6.  retention of title

7.  Liability for defects (warranty)

8th.  Applicable Law

9.  Alternative Dispute Resolution

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1) Scope

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1.1 These general terms and conditions (hereinafter "GTC") of Cornelia Weber (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller's online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

2) Conclusion of contract

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2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

·   by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or

·   by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

·   by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal -Terms of Use, available at  https://www.paypal.com/de/webapps/mpp/ua/useragreement-full  or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.  If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

 

3) Right of Withdrawal

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3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

 

4) Prices and terms of payment

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4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

 

5) Delivery and shipping conditions

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5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 Collection by the customer is not possible for logistical reasons.

 

6) Retention of title

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If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for Defects (Warranty)

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7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

 

8) Governing Law

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The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

9) Alternative Dispute Resolution

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9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:  https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

 

Munich, January 1, 2022

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Terms and Conditions

 

 

§ 1 Scope

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These terms & conditions ("T&Cs") exclusively govern the use of our website www.hautejardin.com and the conclusion of distance contracts on the sales of products and services presented therein. These T&Cs include mandatory legal consumer information about your rights and our duties referring to service contracts and e-commerce.

§ 2 Privacy Policy and Imprint

For further information and details please go to
  Privacy  or  imprint , respectively.


§ 3 Prices / Shipping Costs
 

Any order placed is seen as a valid contact between Cornelia Weber and the buyer.
All prices shown in the online shop are inclusive of statutory value-added tax ("VAT") and other price components.

Shipping costs are declared individually for each provided product in the online shop.


§ 4 Reservation of Title

Physical goods delivered remain property of Cornelia Weber until full payment is made.


§ 5 Workshops

Any workshop and other services provided through
  Cornelia Weber e-commerce are governed by their individual 
set of terms and conditions that are declared for each workshop. If not otherwise stated the terms and conditions described below are valid at all times. Workshops events appointed through the e-commerce shop are only valid for the particular date the workshop takes place and is
 
attributed to the person declared at checkout. If the workshop has to be postponed or rescheduled the participants will be notified.
For terms regarding withdrawals or cancellations refer to §
  6 below. All tickets for workshops shall be non-refundable except as set out in §  6 below. However, if you are unable to attend the workshop for any reason you may email Cornelia (info@corneliaweber.com) to provide us with the name of a substitute to attend the workshop on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the workshop. 

Any fees have to be paid in full at least 4 weeks prior to the event.


§ 6 Cancellation of workshops

In case of a cancellation made by Cornelia Weber for any workshop, it will be offered either a) an alternative date to participate or b) a full refund of the fees.

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§ 6 Consumers' Right of Withdrawal

You have the right to withdraw from contracts regarding workshops within 14 days: The withdrawal period will expire after 14 days from the day on which the order was placed.
 

Important Notice on Fine Art Prints and Postcards:


Any fine-art print, card, or other individually handmade product is excluded from the right of withdrawal.
Warranty rights are still valid in case a delivered print or good is damaged.

In order to exercise your right of withdrawal, you shall inform Cornelia Weber (info@corneliaweber.com) of your decision to withdraw from the contract by means of an unequivocal declaration (for example via email or a letter in the post).


Consequences of Withdrawal:


When you withdraw from the contract made by placing an order, Cornelia Weber is obliged to refund all of the payments that were received by you.


Section 7 Digital Goods

Any digital goods provided by Cornelia Weber such as guides, e-books, downloadables, images, video material or text, or social media content (including wording) remains the intellectual property of Cornelia Weber and is prohibited to be redistributed, made available , or altered by any second or third party users unless explicitly stated otherwise in individual contracts.


§ 8 Limitation of Liability

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We kindly ask you to give Cornelia Weber immediate notice of any defects upon delivery of physical goods, such as apparent transport defects.
With your instant notification, you enable us to claim our own rights against the deliverer or the transport insurance.

Each party shall be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In the case of ordinary or slight negligence, each party shall be liable only for breaches of a material contractual obligation. To the extent permitted by law: (i) no party shall be liable for any lack of commercial success, lost profits, and indirect damages, and (ii) liability in accordance with the above clauses shall be limited to the typical, foreseeable damages.


§ 9 Changes to Terms and Conditions 

Terms and Conditions may be subject to change and will be updated regularly.


§ 10 Governing Law / Jurisdiction

 

The contractual relations of the parties to this contract are governed by and constructed in accordance with German Law. This choice of law does not apply to consumers in as much as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on contracts for the International Sale of Goods is expressly excluded.

Munich, the 1st of January 2022

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