Terms of service
1. Scope of application, the subject matter of the contract, definitions
a) The following General Terms and Conditions apply exclusively to the webshop under the URL www.folkberlin.com (hereinafter "Website"). Operator of the website and seller of the products offered there is Sarah Winborn, Mittenwalder Str. 47, 10961 Berlin, (hereinafter "Provider").
b) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer (hereinafter also referred to as "Buyer").
c) Buyers can be consumers and entrepreneurs. Consumers in the sense of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity. In other cases the customers are entrepreneurs according to § 14 BGB.
d) The offer is not directed at resellers.
2 Conclusion of contract and ordering process
a) The presentation of the products on the website does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.
b) The customer can select products from the assortment of the provider and collect them in a so-called order system shopping cart via the shopping cart button "Add to cart". Via the button "pay now" he makes a binding request to purchase the products in the shopping cart. Before sending the order, the customer can change and view the data at any time.
c) The Provider 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 using the "Print" function (order confirmation).
d) The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. Also a possible transmission of the account data by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance by the provider.
e) The purchase contract is only concluded when the provider sends the ordered product to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation).
3. reservation of proprietary rights
Until full payment, the delivered goods remain the property of the provider.
4. prices, shipping costs, delivery restrictions
a) All prices stated on the website are inclusive of the applicable sales tax.
b) Insofar as the costs for shipping are to be borne by the customer, these will be communicated to the customer before the order is placed.
c) We will inform you about the delivery area and delivery restrictions on a separate page before the order process begins.
5. payment modalities
a) Payment shall be made by the means of payment indicated on the website.
b) If payment is made by credit card, the credit card account will be charged immediately upon completion of the order. Otherwise, payment of the purchase price is due 14 days after receipt of the invoice. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
6. note on the right of revocation
a) The right of revocation does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
b) This notice is not part of the statutory cancellation policy.
7 Warranty for material defects, guarantee
a) The statutory law on defects shall apply.
b) A guarantee exists for the goods delivered by the provider only if this was expressly stated in the item description for the respective item.
8 Liability
The legal liability law applies.
9. notice of online dispute resolution
The EU Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr/.
10. data protection
a) The provider processes personal data of the customer for a specific purpose and in accordance with the legal provisions of the DSGVO and the BDSG.
b) For further information, please refer to the privacy policy.
11. final provisions (applicable law, contract language, contract text)
a) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with any mandatory provisions.
b) The contract language is German, as far as no compelling regulations oppose it.
c) The provider stores the text of the contract and sends the order data to the customer by e-mail. The customer can also view and download the GTC at any time on the sales portal of the provider on the website.