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General Terms & Conditions

Terms and Conditions with customer information

Table of Content

    Scope
Conclusion
    Withdrawal
    Prices and terms of payment
    Delivery and shipping conditions
    Retention of title
    Liability for defects (warranty)
    Redemption of action vouchers
    Applicable law
Code of Conduct
    Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Wolfgang Schatz, acting under "Wabisabi-Keramik" (hereinafter referred to as "Seller"), apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the seller regarding the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.

2.3 The seller can accept the offer of the customer within five days,

by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.

If more than one of the alternatives mentioned above occur, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the payment method "PayPal Express" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as a payment method in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.

2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (e.g. e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 The contract is concluded in German and English.

2.8 The 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 him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of revocation results from the revocation instruction of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices. Sales tax is not reported because the seller is a small business owner within the meaning of the UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

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

4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.

When selecting the payment method Klarna Invoice Purchase or the payment method Klarna installment purchase, the payment is processed via Klarna AB (publ) [https://www.klarna.com/], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). For more information on Klarna invoice and installment purchase and the terms of Klarna this can be found in the payment information of the seller, which can be viewed at the following Internet address:
https://wabisabi-keramik.de/en/info/shipping-and-payment-conditions.html

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.

5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.

6) Retention of title

If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply

for things that have been used for a structure according to their usual use and have caused its defectiveness,
for damages and reimbursement claims of the customer, as well
in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of action vouchers

8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.

8.2 Action vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

8.4 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.

8.5 Only one action coupon can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

8.8 The balance of an action voucher is neither paid in cash nor interest.

8.9 The action coupon will not be refunded if the customer returns all or part of the goods paid for with the action coupon as part of its statutory right of withdrawal.

8.10 The promotional voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

9) Applicable law

9.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

10) Code of Conduct

10.1 The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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