- afterwards referred to as “GTC” -

Dear visitor of our online shop,

according to legal requirements the following GTC will be content of the contract of sale between you – afterwards referred to as “customer” - and Mr. Ingo Hobelsberger, Nordhauser Straße 1, 10589 Berlin - afterwards referred to as “classic souvenirs”. Please carefully read the following GTC before your order or the submission of an electronic order.

§ 1 Scope of the terms and conditions

1.1. These GTCs are basis of all contracts of sale and business relationships being closed by the customer and classical souvenirs via the internet addresses www.classic-souvenirs.de; www.classic-souvenirs.com; www.handtaschenprinzessin.de and www.handtaschenprinzessin.com, as well as www.handtaschenprinzessin.eu.

Basis of the sales contract is the valid version of the GTC at the date of the conclusion of the contract.

1.2. For additional contracts with merchants and legal bodies of the private or public law the GTC will be basis for further business relationships without renewed explicit agreement or indication.

1.3. The GTC of the customer, especially buying conditions, do not apply and even if the customer refers to those and/or if classic souvenirs gains knowledge and furthermore without classical souvenirs having to disagree in common or in single cases.

1.4. Consumers we are having business relations with are according to the GTCs natural persons without executing commercial or freelancing practice.

Traders we are having business relations with are according to the GTCs natural or legal bodies or partnerships with legal capacities and that are acting according to their commercial or freelancing practices.

Customers according to the GTCs are consumers as well as and traders respectively.

§ 2 Conclusion of the contract

2.1. Presented articles of sale or services in the on-line shop of handtaschenprinzessin are freely revocable. The conditions of our goods remain free and without obligation. Our display of articles for sale is no binding offer but a offer without obligation to order. Subject to technical or other changes in shape, colour or weight of the goods within reason are reserved.

2.2. The customer submits by his order via the order form of the on-line shop a binding offer for the conclusion of a sales contract.

2.3. Classic Souvenirs will immediately confirm submissions of any customer`s order. The confirmation of the acknowledgement of receipt is no binding acceptance of the order and thus not leading to the conclusion of a sales contract. The acknowledgement of receipt is only a acceptance in case of classical souvenirs explicitly declaring this.

The receipt of a order via phone or in any different way is no binding acceptance.

2.4. The customer is bound to his offer of a contract for 10 working days since the date of order submission. The contract is fulfilled when we accept the customer's offer within 10 days in written or other text form or send the ordered goods.

2.5. Classic souvenirs is authorized to accept the offer of contract of the order within 10 days. With orders being submitted electronically classical souvenirs is authorized to accept the  order within 3 working days after submission.

Classical souvenirs is also authorized to decline the acceptance of an order, e.g. after verifying a customer´s creditworthiness.

Classical souvenirs is authorized to limit the order to a customary amount.

2.6. The conclusion of the contract will occur under the exception that in case of not right or not correct supply to ourselves nothing or just parts of the order can be delivered. This is only in case of classical souvenirs not being responsible for default in delivery. If goods are not or just partly available the customer is informed immediately and the equivalent will be refunded without delay.

§ 3 Reservation of proprietary rights

3.1. Classical souvenirs remains owner of the goods unless the full price of the sales order is paid by the consumer.

Classical souvenirs remains owner of the goods unless the full payment of all  receivables of the current business relationship with a trader is ensured. If the value of the retained goods exceeds the ensured payment by 25 % classical souvenirs is obliged to release the retained goods on demand of the trader.

3.2. The customer is obliged to take special care of the goods if reservations of proprietary rights occur. If maintenance and service work is essential the customer has to execute these regularly on at his own expense.

3.3. The customer has to immediately inform classic souvenirs if third parties gain access to the goods in particular with foreclosure measures occurring as well as (partial) damage or obliteration of the goods is to be observed. A change in ownership as well as a change in address must be reported by the customer without delay.

3.4. The customer is in debt of refunding all occurring damages or costs arising from violation of these obligations or intervening actions against the access of third parties to the goods.

3.5. If the customer acts against the contents of the contract especially in case of delayed payment classical souvenirs is authorized to withdraw from the contract and recall the goods. Classic souvenirs is also legitimated to withdraw from the contract and recall the goods if a violation due to numeral 2 occurs and if adherence to the contract is not reasonable any longer.

3.6. The trader is authorized to sell the goods in a legal business. All obligations arising from the business  with third parties are given to classic souvenirs in advance. Classic souvenirs accepts the assignment. After the assignment the trader is authorized to collect the obligations. Classic souvenirs reserves the right to collect the claim, in case that the trader's payment is not according to the content of the contract and is thus delayed. 

Adaption or conversion of the goods are only authorized in the name and by order of classic souvenir. If the goods are processed classic souvenir acquires co-ownership in relation to the value of the by classic souvenirs delivered goods. It is the same if the goods are mixed or processed with others not belonging to classic souvenirs.

§ 4 Right of withdrawal of distance contracts 

4.1. Right of withdrawal

The customer may terminate the contract within one month and without reasoning in written form (e. g. letter, fax, e-mail) or – if the goods were handed over within the expire of the time limit – by returning the goods. The time limit begins after receiving this note in written form, although not before the goods have been received (due to reoccurring deliveries of identical goods, not before the arrival of the first delivery) and also not before the duties of information according to § 312c para. 2 BGB in relation with § 1 para. 1, 2 and 4 BGB-InfoV as well as our duties due to § 312e para. 1 sentence 1 BGB in relation with § 3 BGB-InfoV. To meat the time of withdrawal it is sufficient to ensure the timely mailing of the withdrawal or the goods.

Send withdrawal to:

Classic Souvenirs

Ingo Hobelsberger

Nordhauser Str. 1

10589 Berlin

admin@classic-souvenirs.de

Fax: +49 (0)30 87339060

4.2. Consequences of withdrawal

In case of the efficient withdrawal from the contract the benefits of both parties and - if applicable - additional usage (e. g. interest) have to be given back. If received benefits can not been given back or just parts of it or in worse condition you have to  cover for the loss. This is not the case if the worse condition of the goods appears due to checking in shops. If the goods are used according to its terms of usage the worsened conditions have not to be covered.

If the goods can be send via parcel reshipment is at our own risk. You have to cover for the cost of the reshipment, if the price of the reshipment goods is not exceeding 40,- € or in case the price of the gods is higher you have not covered service in return or the contractually fixed down payment at the date of the withdrawal. In any other case the reshipment is for free. If the goods can not be reshipped via parcel they will be collected at your place. The obligations for the refund of payments have to be fulfilled within 30 days. The time limit begins for you with the sending of the  withdrawal or the goods for classic souvenirs after the receiving.

4.3. End of the withdrawal instruction

§ 5 Time of delivery, costs for delivery and payment

5.1. The time of delivery for shipping sale is 14 days.

5.2. The published price is obligatory. The price includes statutory sales tax (VAT). The sales contract version at the day of conclusion is valid for the business.

5.3. Classic souvenirs reserves the right to change prices and to attempt errors based on the terms of law.

5.4. For Products of publishing companies, that have a fixed price, the price set by the publisher at the date of delivery is valid.

5.5. The cost for delivery are based on the weight and are directly shown process of on-line booking. For shipment abroad the cost for delivery can vary or be higher under certain circumstances.

Costs for national and worldwide deliveries are between  2,50 and 100,- €.

5.6. The costs for special or express deliveries according to the wishes of our customer have to be covered by the customer.

5.7. The customer can cover the cost via bank transfer (prepayment). Classic souvenir reserves the right to exclude single ways of payment.

5.8. It is the duty of customers paying via Invoice (special approval of the management needed) to cover the price of the invoice within 10 days of the arrivalof the goods. If the period of time is expired the customer is delayed in payment.

While in default the customer has to cover interests of 5 % over the basis lending rate for the debt. 

5.9. There is not compensation due to unavailability or delivery delays  as far as classic souvenirs is not guilty of intention or gross negligence.

§ 6 Prohibition of summation, retention and assignment

6.1. The customer only has a right to summation if the counter claim is lawful or classic souvenirs verifies the counter claim.

6.2. The customer can carry out retention if the counter claim is covered by same contractual relationship.

6.3. Trader can carry out retention only if it is based on undoubted or lawful covered counter claims according to the same contractual relationship.

6.4. The assignment of claims directed against classic souvenirs is excluded.

§ 7 Transfer of perils

7.1. Customers cover  for the risk of loss of the goods and the incidental deterioration also due to sales via sending by receiving of the goods.

Traders cover  for the risk of loss of the goods and the incidental deterioration with the transfer, in case of sales via sending with handing of the goods to the carrier, shipper or the person or the company in charge of sending.

The transfer is not affected if the customer is delayed with acceptance.

7.2. By downloading or sending data via internet the risk of loss and the change of data is transferred to the customer by leaving the network interface of classic souvenirs.

 § 8 Warranty

8.1. Customers have the choice of the supplementary performance being covered by subsequent improvement or replacement delivery. Classic souvenirs reserves the right to prohibit the chosen if supplementary performance can only be achieved  causing disproportional costs and the other way of supplementary performance shows not significant negative effects for the customer.

With traders classic souvenirs chooses the coverage for defective goods, guaranteeing  subsequent improvement or replacement delivery.

8.2. If the Supplementary performance fails the customer may choose between a reduction in price (abatement) or withdrawal of the contract (rescission) as well as demanding compensation. If minor defects occur the customer can not claim rescission. If the customer chooses abatement the liability limitations of § 9 para. 1 and 2 of the terms and conditions become effective.

8.3. Customers have to address obvious defects of the goods to classic souvenirs within 2 weeks after receiving the goods in written form; otherwise the warranty is invalid. To ensure the coverage of the time period the date of sending is sufficient.

8.4. Traders are assured to immediately check delivered goods for defects due to transportation, as well was for difference in quality  or amount and if defects appear  these have to be declared precisely in written form within a week after receiving the goods.  Information concerning hidden defects are supposed to be send in written form within a week after discovery. To ensure the coverage of the time period the date of receipt at classic souvenir is sufficient. The trader holds the full burden of proof for all eligibility criteria, especially for the defect itself, for the time period of discovering the defect and for sending the notice of defects in time. Notice periods are cut-off periods.

8.5. For consumers the period of warranty is 2 years after receipt of the goods.  

For traders the period of warranty is 1 year after receipt of the goods. The period of warranty for second-hand goods is 1 year after receipt f the goods. The 1 year period of warranty is invalid if classic souvenirs is guilty of gross negligence as well as if classic souvenir  is responsible for damage caused to body or health and loss of life of the customer. The liability of classic souvenir according to the Product Liability Act is hereby not affected.

8.6. Classic souvenirs is not giving warranties towards their customers. Warranties of producers are hereby not affected.

§ 9 Liability limitations

9.1. If classic souvenirs as well as servants of classic souvenirs are guilty of slightly careless neglect of duty, the liability is limited in accordance of the contract to the predictable average loss.

If slightly careless neglect of duty of obligations not covered by the contract occur, classic souvenirs as well as servants of classic souvenirs are not liable. 

The listed liability limitations are not covering claims of the customer concerning product liability or warranty. Furthermore the liability limitations are invalid in case of classic souvenir being responsible for damage caused to body or health and loss of life of the customer.

9.2. Classic souvenirs is only liable for own contents published on the website of the on-line shop. Concerning classic souvenirs providing links to other websites, classic souvenirs is not responsible for the published external contents. Classic souvenirs is not embracing external content. If classic souvenir acknowledges  illegitimate contents on linked external websites classic souvenirs will immediately block the access. 

§ 10 Final provisions

10.1. The law of Germany shall apply. Costumers closing the contract for professional or commercial purposes this choice of law is only applying if the provided protection by obligatory provisions of the country's law, the customer is citizen of, is not covered. 

The provisions of Uniform Law on the International Sale of Goods will not be applicable.

10.2. If the customer is trader, legal entity under public law or public special property, the only choice of law concerning all differences of this contract is our business location. The same applies if the costumer has no common choice of law in Germany or if address or habitual residence at the time of commencement of action is unknown.

10.3. If single provisions of this contract including the general terms and conditions  become obsolete or partly obsolete the other provisions, thus hereby the validity of the remaining provisions remain unaffected. The obsolete or partly obsolete rules shall be replaced by those ensuring the commercial success in the spirit of the invalid rule.

Datenschutzinformation

Im Falle eines Vertragsabschlusses erheben und verarbeiten wir Ihre von Ihnen uns zur Verfügung gestellten personenbezogenen Daten in unserem System und nutzen diese für die Dauer der Vertragsabwicklung, d.h. für die Auftragsabwicklung sowie Abrechnung. Personenbezogene Daten sind alle Informationen, aufgrund deren eine Person direkt oder indirekt identifiziert werden kann, z.B. Name, Wohnanschrift, E-Mail-Adresse, Geburtsdatum, Beruf, Kontoverbindung etc.

Für Zwecke der Werbung, der Marktforschung sowie zur bedarfsgerechten Gestaltung unseres Angebots erstellen und verwenden wir anonymisierte Nutzungsprofile. Hiergegen steht Ihnen ein Widerspruchsrecht zu, dass sie gegenüber uns jederzeit durch Erklärung bzw. Sendung einer E-Mail an uns ausüben können.

Wir erteilen Ihnen Auskunft über Ihre bei uns gespeicherten personenbezogenen Daten.

Sie können uns jederzeit um die Berichtigung, Löschung und Sperrung Ihrer bei uns gespeicherten personenbezogenen Daten ersuchen.

Wir geben zum Zwecke und für die Dauer der Versendung der Ware Ihre hierfür erforderlichen, personenbezogenen Daten an das von uns beauftragte Unternehmen (DHL, Messenger, Gütertaxi, Post, etc. ). Deren Adressen erhalten Sie auf Anfrage.

Datenschutzrechtliche Einwilligung

Ich willige hiermit ausdrücklich ein, dass eine Erhebung, Verarbeitung und Nutzung meiner personenbezogenen Daten, die ich (Name des Kunden) zur Verfügung gestellt habe, durch Classic souvenirs Ingo Hobelsberger für Zwecke des eigenen Marketings gegenüber mir als Kunden, u.a. durch Einrichtung einer Kundendatei, erfolgen kann. Diese Einwilligung kann jederzeit mit Wirkung für die Zukunft von mir widerrufen werden.

Anbieterkennzeichnung

Classic Souvenirs

Ingo Hobelsberger

Nordhauser Straße 1

10589 Berlin

Telefon: 030 – 87339060

Telefax: 030 – 87339061

Amtsgericht:Berlin Charlottenburg 

Geschäftsführer: Ingo Hobelsberger