Standard Terms and Conditions
of ANINA W, Anja Nina Württemberger, together with customer information
§ 1 General
(1) These Standard Terms and Conditions apply to all contracts, deliveries and other services provided by Anina W, Anja Württemberger, Frauenstr. 13 80469 Munich (hereafter “the Seller”) relating to the online-shop www.aninaw.de and all sub-domains belonging to the domain. Any contrary regulations of the Customer will not apply unless the Seller has confirmed them in writing. Individual agreements between the Seller and the Customer will always have precedence.
(2) The Seller offers the Customer new products that may be purchased in the online-shop www.aninaw.de.
§ 2 Conclusion of the contract
(1) The contract will come into force as a result of the Seller’s confirmation of acceptance. The Customer first submits an offer to the Seller by placing the goods selected in the shopping basket and by clicking “Order with the commitment to pay” on the “Order button”, which the Seller then checks.
(2) The Customer also has the opportunity to send an enquiry to the Seller about a particular product, either online, by telephone, e-mail, fax or letter. After receiving such an enquiry, the Seller will send the Customer an appropriate offer by e-mail, letter or fax. A contract will not come into effect until the Customer has accepted this offer.
(3) The text of the contract will be stored. The Customer will receive the text of the contract by e-mail.
§ 3 Prices, delivery costs, method of payment, dunning fees
(1) Orders placed via the online-shop are subject to the prices stated on that website. All prices are final prices (i.e. include VAT).
(2) Any additional delivery or dispatch costs incurred will be stated separately in the product description in the offer. The cost of deliveries made by freight forwarder will be charged in accordance with our valid table of delivery costs.
(3) Depending on the Customer’s wishes, the Seller’s delivery to the Customer may be paid for as follows: payment in advance by bank transfer, payment in advance by Paypal, payment by credit card or payment by invoice after delivery.
(4) Should the Customer choose to pay in advance by bank transfer, payment will be due at the latest within 7 calendar days of the conclusion of the contract. In the event of delivery against an invoice, payment will be due at the latest within 7 calendar days of the date the invoice is issued. In the event of cash on delivery (COD), the purchase price plus delivery costs and COD charges will be due on delivery and presentation of the COD slip by the transport company appointed.
(5) The Seller may demand compensation as provided for by law and/or rescind the contract should the Customer be in arrears with his payment obligations.
(6) The Seller will always issue an invoice to the Customer that will either be enclosed with the delivery or otherwise sent in text form.
§ 4 Delivery, transfer of risk
(1) Unless anything different has been agreed in the contract, the goods ordered will be delivered to the address provided by the Customer. The delivery will be made from the Seller’s warehouse.
(2) The Seller reserves the right to make a part-delivery should this appear to be conducive to rapid handling and provided that in the particular case part-delivery is not unreasonable from the Customer’s point of view. The Customer will not be charged for any additional costs incurred as a result of part-shipments.
(3) The Seller reserves the right to release himself from the obligation to fulfil the contract should the goods be due for delivery by a supplier on the day of the delivery and this delivery does not take place or not take place in full. This proviso will only apply should the Seller not be responsible for the failure to deliver. The Seller will not be responsible for the failure to deliver should a so-called concurrent covering transaction to fulfil the contractual obligations have been concluded with the supplier on time. The Seller will notify the Customer immediately accordingly should the goods not be delivered and will refund any purchase price and delivery costs already paid.
(4) The risk of the accidental destruction and accidental deterioration of the goods will pass once the goods are handed to the Customer. Should the Customer be an entrepreneur, the risk of the accidental destruction and accidental deterioration as well as the risk of arrears in the case of a sales shipment will already pass at the time the goods are delivered to the freight forwarder, haulage contractor or the individual otherwise appointed to carry out the delivery.
(5) We deliver to the following countries: Germany (delivery time: up to 4 weeks), Austria (delivery time: up to 4 weeks), EU (delivery time: up to 6 weeks), Europe (delivery time: up to 6 weeks), worldwide (delivery time provided on request).
§ 5 Cancellation right
Customers who are consumers within the meaning of § 13 of the German Civil Code have a legal right to cancel. You will find information on this subject in the Hints on Cancellation.
§ 6 Reservation of title
The goods delivered remain the Seller’s property until all claims arising from the contract have been fulfilled. Should the Customer be a public law legal entity, public law special assets or an entrepreneur exercising his commercial or independent professional activity, the goods delivered also remain the Seller’s property until all claims from the current business relationship to which the Seller is entitled in connection with the contract have been settled.
§ 7 Warranty
In the event of defects, the Customer is entitled to the warranty rights provided for in law in accordance with the following provisions. §§ 377 ff of the German Commercial Code will apply in addition should only businesspeople be parties to the contract.
§ 8 Liability
Apart from liability for defects of quality and title, the Seller bears unlimited liability should the damage have been due to deliberate intent or gross negligence. He is also liable for minor negligence in the event of the infringement of essential obligations (obligations the infringement of which threatens the fulfilment of the purpose of the contract) and of cardinal obligations (obligations the fulfilment of which makes the implementation of the contract possible at all and on whose compliance the Customer generally relies), but only for foreseeable damage typical for the type of contract. The Seller is not liable for minor negligence other than in the case of the obligations referred to above.
§ 9 Concluding provisions
(1) The law of the Federal Republic of Germany will apply. This will not affect mandatory provisions of the country in which you have your normal place of residence.
(2) The place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider’s registered office if the Customer is either an entrepreneur, a public-law legal entity or public-law special assets.