General Terms and Conditions
General Terms and Conditions
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the goods presented in our online shop „www.umbellina.com“ is Umbellina – Catherine von Specht, Untermainkai 31, 60329 Frankfurt am Main, phone +49 1752715264, e-mail firstname.lastname@example.org (referred to hereinbelow as the “Vendor”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Goods offered and conclusion of contract
(1) The Vendor is offering the goods presented in this online shop for sale. The colors of the goods shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable. The selection of goods, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(2) The Vendor is making a binding sales offer for the goods presented in the shop. By transmitting the order using the button “place binding order” the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Vendor sends the content of the contract (contract text) to the customer by e-mail. At the same time, the Vendor stores the contract text in his electronic data processing.As the Customer cannot access the Vendor’s data, it is the customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All product prices are total prices plus shipping costs. Prices include VAT.
(2) Information on shipping costs can be found with the respective product description.
(3) The Customer can use the following payment methods to pay for his purchase: PayPal, WooCommerce Payments (Stripe).
(4) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the goods so ordered for the Customer. The Vendor reserves the right to rescind the purchase contract and to sell the goods to others should the payment not be received in good time.
(5) For deliveries to countries outside the European Union, customs duties and import taxes may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price; the Vendor has no means of influencing them.
Section 4 – Shipment, delivery periods
(1) Information on delivery time can be found in the respective product description. An indication in days refers to the period from the payment by the Customer until delivery of the goods.
(2) If the Customer’s order contains more than one good, all goods will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained goods will apply. If the Customer wishes a good to be delivered seperately in shorter time, he may place a seperate order for that good.
(3) Where a delivery cannot be made because the Customer has provided a wrong or incomplete shipping address, an attempt to once again deliver the goods shall be made only if the Customer accepts to bear the costs of re-shipping the goods. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 – Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Customer’s templates, guarantee of rights
(1) A Customer who supplies the Vendor with templates (e.g. logos, photos, drawings, or text) for the production of a good ordered, guarantees the provider that he is has all the rights required for the performance of the contract, and the Customer grants the Vendor all rights necessary for the fulfilment of the contract.
(2) The customer exempts the Vendor from all claims asserted by a third party due to the infringement of copyrights or personal rights, trademark, design or other intellectual or industrial property rights. The right to indemnification also includes any necessary costs of the Vendor for examination of claims and legal defence.
Section 8 – Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 9 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.