Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the merchandise presented in the shop “Bayaana” is Kristina Bank, Daldrup 5, 48249 Dülmen (referred to hereinbelow as the “Vendor” 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. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The presentations on Bayaana´s webpage http://www.Bayaana.de are not binding.
The colours of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German or English.
The vendor will send the customer an order confirmation. The customer accepts the sales offer by transfering the required amount by PayPal.
(4) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Sales tax is not listed, since the Seller is a small trader within the meaning of Article 19, Para 1 German Turnover Tax Act.
(2) The shipping costs are listed under the menu item “Shipping”. http://www.bayaana-windhundhalsband.de/index.php/en/shipping
(3) For deliveries outside of the European Union additional costs may arise for which the Vendor cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
(4) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment using PayPal or bank-transfer.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply.
(6) When choosing the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
Section 4 – Shipment, delivery conditions
(1) Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
Section 5 – Cancellation Right of 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) Details might be looked up under the menu item „Cancellation Right“ http://www.bayaana-windhundhalsband.de/index.php/en/cancellation-right
Section 6 – Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
Section 7 – Applicable Law
(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
(2) If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
Section 8 – Alternative dispute resolution
(1) The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
(2) The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Section 9 – Final provisions
(1) The Vendor shall collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. To the extent customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
(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.