Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Inna Ropchan, acting under "Inna Ropchan" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.4 An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

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 submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or via the online contact form.

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 the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends 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 considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When ordering via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. Further access to the contract text by the Seller does not take place.

2.5 Before submitting the order via the Seller's online order form, the Customer can recognize 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 their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them 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 by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Conditions

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

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

5) Delivery and Shipping Conditions

5.1 If the seller offers the shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the customer, 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 initial shipment if the customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods upon handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

  • by email
  • by post

6) Retention of Title

If the seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • the limitation period for defect rights for new goods is one year from delivery of the goods;
  • defect rights are excluded for used goods;
  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and shortening of deadlines regulated above do not apply

  • to claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on their statutory or contractual defect claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:

8.1 The seller is liable without limitation for any legal reason

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise regulated,
  • based on mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is provided for in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.7 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

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

11) Alternative Dispute Resolution

The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.