between<\/p>\n
the sole proprietorship Tim Mergelsberg (\u201esagaan\u201c), Am Bahnhof Weinh\u00fcbel 2, 02827 G\u00f6rlitz (hereinafter \u201eProvider\u201c)<\/p>\n
and<\/p>\n
the customer referred to in \u00a7 2 of the contract \u2013 hereinafter referred to as the \u201eCustomer\u201c \u2013<\/p>\n
(1) The business relationship between the provider and the customer shall be exclusively governed by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.<\/p>\n
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, a trader is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding the contract.<\/p>\n
(1) The customer can select products from the provider's range, in particular birch bark vessels and birch bark for processing, and collect them in a so-called shopping basket via the \u201eadd to basket\u201c button. By clicking the \u201eorder and pay now\u201c button, they submit a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer, by clicking on the \u201eI have read and agree to the terms and conditions.<\/span>\u201cthese terms and conditions and thereby included them in his application.<\/p>\n (2) The provider will then send the customer an automatic confirmation of receipt by e-mail, which will list the customer's order again and which the customer can print out using the \u201ePrint\u201c function. 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 offer. The contract is only concluded upon delivery of the goods.<\/p>\n (3) The contract shall be concluded in German.<\/p>\n The delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for purchase on account). If no delivery time or a different delivery time is specified for the respective goods in our online shop, it is usually 3 days, but generally no longer than 10 days.<\/p>\n (2) If no copies of the product selected by the customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from accepting the order. No contract shall be concluded in this case.<\/p>\n (3) If the product specified by the customer in their order is temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation.<\/p>\n (4) The seller is entitled to arrange for the ordered products to be shipped via dropshipping, i.e. from a partner company.<\/p>\n Until full payment has been received, the delivered goods remain the property of the seller.<\/p>\n All prices stated on the provider's website are inclusive of the respective statutory value added tax.<\/p>\n (2) For orders up to \u20ac200, the customer will contribute \u20ac5 towards postage and packaging costs within Germany. For orders over \u20ac200, we offer free shipping within Germany.<\/p>\n (3) Customers using our price list as business customers will be charged separate postage and packing costs. These are listed on the price list.<\/p>\n We also deliver outside of Germany to countries within the European Union, as well as to some selected countries outside the EU, such as Switzerland, Norway, and Liechtenstein. For deliveries to other European countries, we charge a flat rate of \u20ac9.90 per delivery.<\/p>\n (5) We provide information on further shipping costs to other countries upon request.<\/p>\n If we have to make part-deliveries due to products being out of stock, we will only charge you postage once.<\/p>\n (7) The goods will be dispatched by post. The seller bears the risk of dispatch if the customer is a consumer.<\/p>\n (8) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.<\/p>\n The customer can pay by instant bank transfer, Giropay, PayPal, credit card, or on account. We reserve the right to deliver only against prepayment.<\/p>\n Payment of the purchase price is due 14 days after receipt of the goods. Cash discounts cannot be deducted.<\/p>\n (3) The customer's obligation to pay default interest does not preclude the provider from claiming further damages for default.<\/p>\n The provider shall be liable for material defects in accordance with the statutory provisions applicable in this regard, in particular \u00a7\u00a7 434 et seq. of the German Civil Code (BGB). Towards entrepreneurs, the warranty period for items delivered by the provider shall be 12 months.<\/p>\n (2) An additional guarantee for goods supplied by the provider only exists if it has been expressly given in the order confirmation for the respective item.<\/p>\n (1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the object of the contract.<\/p>\n (2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.<\/p>\n (3) The restrictions in sections 1 and 2 also apply in favour of the provider's legal representatives and vicarious agents if claims are made directly against them.<\/p>\n (4) The limitations of liability arising from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies where the seller and the customer have made an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.<\/p>\n (1) Consumers generally have a statutory right of withdrawal when concluding distance contracts, details of which are provided below by the provider in accordance with the statutory template. A sample withdrawal form can be found in paragraph (2).<\/p>\n <\/p>\n Cancellation policy<\/p>\n <\/p>\n Right of cancellation<\/p>\n <\/p>\n You have the right to cancel this contract within fourteen days without giving any reason.<\/p>\n The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.<\/p>\n To exercise the right to cancel, you must inform us (Tim Mergelsberg, sagaan, Am Bahnhof Weinh\u00fcbel 2, 02827 G\u00f6rlitz, info (a) sagaan.de, Fax: +49-(0)3581-7925130) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.<\/p>\n To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.<\/p>\n <\/p>\n Consequences of cancellation<\/p>\n <\/p>\n If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.<\/p>\n We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.<\/p>\n Sample cancellation form<\/p>\n <\/p>\n (If you wish to cancel the contract, please complete and return this form).<\/p>\n <\/p>\n - To<\/p>\n Tim Mergelsberg bestellung@sagaan.de<\/p>\n - I\/we (*) hereby revoke the contract concluded by me\/us (*)<\/p>\n concerning the purchase of the following goods (*)\/ the provision of the following services<\/p>\n Service (*)<\/p>\n - Ordered on (*)\/received on (*)<\/p>\n - Name of the consumer(s)<\/p>\n - Address of the consumer(s)<\/p>\n - Signature of the consumer(s) (only for notification on paper)<\/p>\n - date<\/p>\n (*) Delete as appropriate <\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n (1) Contracts between the provider and customers shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.<\/p>\n (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office.<\/p>\n (3) The contract shall remain binding in its other parts even if individual provisions are legally ineffective. In place of the ineffective provisions, the statutory regulations shall apply, if available. However, if this would constitute an unreasonable hardship for one party to the contract, the contract as a whole shall be ineffective.<\/p>","protected":false},"excerpt":{"rendered":" AGBs des sagaan-Online-Shop zwischen der Einzelfirma Tim Mergelsberg (\u201esagaan\u201c), Am Bahnhof Weinh\u00fcbel 2, 02827 G\u00f6rlitz (im Folgenden \u201eAnbieter\u201c) und den in \u00a7 2 des Vertrags bezeichneten Kunden – im Folgenden \u201eKunde\u201c – \u00a7 1 Geltungsbereich, Begriffsbestimmungen (1) F\u00fcr die Gesch\u00e4ftsbeziehung zwischen dem Anbieter und dem Kunden gelten ausschlie\u00dflich die nachfolgenden Allgemeinen Gesch\u00e4ftsbedingungen in ihrer zum […]<\/p>\n","protected":false},"author":1079,"featured_media":0,"parent":144,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-68","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n\u00a7 3 Delivery, Product Availability<\/h3>\n
\u00a7 4 Retention of Title<\/h3>\n
\u00a7 5 Prices and Delivery Charges<\/h3>\n
\u00a7 6 Payment Terms<\/h3>\n
\u00a7 7 Liability for Defects, Guarantee<\/h3>\n
\u00a7 8 Liability<\/h3>\n
\u00a7 9 Right of withdrawal information<\/h3>\n
\n \n \n \n
sagaan
Am Bahnhof Weinh\u00fcbel 2
02827 G\u00f6rlitz<\/p>\n\u00a7 10 Final Provisions<\/h3>\n