Terms and conditions - Greece Moments

General Terms and Conditions with Customer Information

Table of contents

Scope
Offers and service descriptions
Ordering process and conclusion of contract
Prices and shipping costs
Delivery, availability of goods
Payment
Ownership
Warranty for material defects and warranty
Liability
Storage of the text of the contract
Final provisions

1. Scope of Application

1.1. For the business relationship between the shop operator (hereinafter referred to as the “Seller”):

Elisabeth Jastram and Thomas Jastram GbR
Greece Moments – Your travel blog for Greece
Müllergasse 5a
04758 Liebschützberg

and the customer (hereinafter referred to as the “Customer”), the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively.

1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

1.3. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.

2.2. All offers are valid “while stocks last”, unless otherwise noted in the products. For the rest, errors are reserved.

3. Ordering process and conclusion of contract

3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the completion of the order process within the shopping cart via the [Continue to checkout] button.

3.2. Via the button [Order for a fee], the customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out via the “Print” function (Order Confirmation). The automatic acknowledgement of receipt only documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has shipped the ordered product to the customer, handed it over to the customer within the delivery period or has confirmed the shipment to the customer with a second e-mail, explicit order confirmation or sending of the invoice. Acceptance can also be effected by a request for payment from the Seller to the Customer and at the latest by the completion of the payment transaction. In the case of multiple acceptance operations, the earliest Date of acceptance. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.

3.4. In the case of customers who are companies, the aforementioned period for sending, handing over or confirming the order is seven days instead of two.

3.5. If the seller allows an advance payment, the contract is concluded with the provision of the bank details and request for payment. If, despite the due date, payment has not been received by the Seller by a time of 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract with the consequence that the order is invalid and the Seller is not obliged to deliver. The order is then completed without further consequences for the buyer and seller. A reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the seller’s website are inclusive of the applicable statutory sales tax. The prices are shown as final prices in accordance with the Price Indication Ordinance (PAngV).

4.2. In addition to the prices indicated, the seller charges shipping costs for the delivery of physical products. The shipping costs will be communicated to the buyer before the initiation of the order process via a descriptive link “plus shipping costs” and are based on the invoice information and information provided by the buyer.Current shipping costs:

Germany – Book shipping: €2.70 incl. VAT
Austria – Pack XS: €6.99 incl. VAT
Switzerland – Parcel XS: €8.99 incl. VAT

4.3. There are no shipping costs for digital products (e.g. e-books, Google Maps, etc.).

4.4. In the case of cross-border deliveries, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be incurred in individual cases, but not to the seller, but to the customs or tax authorities responsible there.

5. Delivery, Availability of Goods

5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. The delivery times will be communicated to the customer in the respective product description, during the ordering process and in the e-mail order confirmation. By default, the delivery time for items in stock is 3-5 business days after conclusion of the contract (in case of advance payment after receipt of payment). In the case of custom-made products or items that are not in stock, different delivery times will be shown separately.

5.3. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to have a comparable product delivered, the seller will immediately reimburse the customer for any consideration already provided.

5.5. In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the Buyers as soon as the Seller has delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised and agreed.

5.6. The Seller is not responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs even in cases of unforeseeable events that affect the operation of an upstream supplier and are not the responsibility of either the supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is not available to the customer, the seller may withdraw from the contract by written declaration after a reasonable period of time to be set by him or after mutual consultation with the seller.

6. Payment methods

6.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods in the checkout.

We offer you the following payment methods:

On account (Klarna) – Simply order and pay via Klarna afterwards.
Credit card – Easily pay by credit card.
PayPal – Pay even faster and more securely with your PayPal account.
Instant transfer – Simply order and pay with SOFORT afterwards.
Apple Pay – Order reliably on your Apple device and pay easily.

The prices listed in the respective offers represent final prices. They include all price components including any applicable taxes such as VAT. Only in the case of cross-border deliveries may further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) have to be paid by you in individual cases, but not to the seller, but to the customs or tax authorities responsible there. The delivery and shipping costs incurred are not included in the purchase price, are shown separately in the course of the ordering process and are to be borne by you additionally.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g. PayPal, their general terms and conditions apply.

6.4. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not preclude the Seller from asserting further damages for delay.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

Until full payment has been made, the delivered goods remain the property of the seller.

For customers who are entrepreneurs, the following also applies: The seller reserves title to the goods until all claims arising from an ongoing business relationship have been paid in full; The buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged, if appropriate or customary in the industry, to insure them at his own expense against theft, fire and water damage sufficiently at the replacement value. If maintenance and inspection work has to be carried out, the buyer must carry it out in good time at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the goods subject to retention of title are processed with other items that do not belong to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing. Incidentally, the same applies to the item resulting from processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him that arise against a third party as a result of the combination of the reserved goods with a piece of land. Access by third parties to the goods owned or co-owned by the Seller must be reported by the Customer immediately. The costs incurred by such interventions for a third-party objection action or costs for an extra-procedural release shall be borne by the customer. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already acquires the claims arising from resale or other legal reason with regard to the goods subject to retention of title (including all balance claims from current account) to the seller in full by way of security. The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for his own account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The Seller undertakes to release the securities due to the Seller at the request of the Customer if their total sales value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (in the case of a risk of realisation by more than 50%). The selection of the collateral to be released is the responsibility of the seller. With the repayment of all claims of the Seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer. The selection of to be released is the responsibility of the seller.

8. Warranty and Warranty for Material Defects

8.1. The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following regulations.

8.2. A warranty exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.

8.3. If the customer is an entrepreneur, he must inspect the goods without delay without prejudice to statutory obligations to complain and notify the supplier of recognizable material defects immediately, at the latest within two weeks after delivery, and unrecognizable material defects must be reported to the supplier immediately, at the latest within two weeks after discovery. Customary commercial deviations in quality, weight, size, thickness, width, equipment, patterning and colour that are permissible or slight in accordance with quality standards are not defects.

8.4. If the customer is an entrepreneur, the choice is made between rectification or subsequent delivery of defective goods by the seller.

8.5. Notwithstanding the liability provisions of these GTC, material defects generally expire one year after the transfer of risk in the case of customers who are entrepreneurs, unless longer periods are mandatorily prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.

8.6. If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its nature and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective items and the installation or attachment of the repaired items in the context of subsequent performance. or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item in the context of recourse by the customer in the context of the supply chain (i.e. between the customer and his customers).

9. Liability

9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory requirements for claim.

9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of duties, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the Client regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract

10.1. The customer can print out the text of the contract before placing the order with the seller by using the print function of his browser in the last step of the order.

10.2. The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by the Seller. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the GTC together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract, but do not make it available on the Internet.

10.3. Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by reference to an online source.

11. Final Provisions

11.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is at the seller’s registered office, if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the buyer does not have a general place of jurisdiction in the seller’s country of residence. The right of the seller to choose another permissible place of jurisdiction is reserved.

11.2. In the case of entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.

11.3. The language of the contract is German.

11.4. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.