Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with me as the provider (WeraJane Design) via the website werajane.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) via the online shopping cart system.
In doing so, the goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the "buy" button, you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which you may regularly rely on.
(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we shall not be liable for the constant or uninterrupted availability of the website and the service offered there.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Inga-Wera-Jane Heymann / WeraJane Design
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 The contract language is German/English.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential features of the goods or services
The essential characteristics of the goods and / or services can be found in the item description and the supplementary information on our website.
5. Prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. Legal liability for defects of goods
7.1 The statutory provisions shall apply.
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.