General terms and conditions of business
of The Collective GmbH, Kaistr. 16, 40221 Düsseldorf, hereinafter referred to as the Seller.
§1 GENERAL, DEFINITIONS
(1) The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these Terms and Conditions. Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract unless their validity is expressly agreed upon.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. Due to technical limitations of the display options, the ordered goods may appear slightly different from the goods shown online. Color variations may occur.
(2) By clicking the “Buy now” button you place a binding order for the goods contained in the shopping cart.
(3) The Seller will confirm receipt of the Customer’s order immediately by email.
- a) In the case of payment by advance payment/bank transfer or Klarna invoice/installment purchase, the purchase contract is not concluded with this order confirmation, but only with the dispatch of a separate email with an order confirmation, a payment request, or the delivery of the goods. In the case of payment by advance payment/bank transfer, the seller is entitled to accept the contractual offer contained in the order within two working days. Acceptance is deemed to occur if the seller delivers the ordered goods within this period.
- b) When paying by credit card, PayPal, Sofortüberweisung, Google Pay, or Apple Pay, the contract is concluded upon the customer's payment instruction. The condition for a valid conclusion of the contract is always that the order process is completed upon submission of the order.
(4) The contract is concluded subject to the reservation that in the event of non-delivery, the Seller will not perform. This only applies if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In the event of unavailability of the goods, the Customer will be informed immediately.
(5) If the customer orders the goods electronically, the contract text will be saved by the seller and sent to the customer by email after the contract has been concluded.
§ 3 RESERVATION OF TITLE
(1) For consumers, the seller retains ownership of the goods until full payment of the purchase price. For businesses, the seller retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship.
(2) In the event of breach of contract by the customer, in particular in the event of late payment, if the customer provides false information about his creditworthiness or if an application for the opening of insolvency proceedings is filed, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and demand the return of the goods, provided that the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the seller all claims in the amount of the invoice amount that arise from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim itself as soon as the entrepreneur fails to properly fulfill his payment obligations and falls into arrears.
(4) The Seller undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at the Seller's discretion.
§ 4 COMPENSATION
(1) The stated purchase price is binding. The purchase price includes statutory sales tax. Additional shipping costs are listed in the "Payment & Shipping" overview. Packaging costs are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 7 days of receiving the order confirmation by email or invoice. After this period, the customer is in default of payment. During the period of default, the consumer must pay interest on the monetary debt at a rate of 5 percentage points above the base interest rate. During the period of default, the entrepreneur must pay interest on the monetary debt at a rate of 9 percentage points above the base interest rate. The seller reserves the right to claim higher damages for default against the entrepreneur. In the event of default with a payment claim, the entrepreneur also owes a lump sum payment of EUR 40. This also applies if the entrepreneur is in default with an advance payment or other installment payment. The seller reserves the right to claim higher damages for default against the entrepreneur. The lump sum pursuant to sentence 5 will be offset against any owed claim for damages, insofar as the damage is based on legal costs.
(3) The customer shall only have a right of set-off if his counterclaims have been legally established, acknowledged, or are not disputed by the seller. The buyer's right to set-off against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 PAYMENT OPTIONS
(1) Customers can pay the purchase price by credit card, PayPal, Sofortüberweisung, Google Pay, Apple Pay, Amazon Pay, or Klarna invoice/installment purchase. The payment options Klarna invoice, Klarna installment purchase, and Sofortüberweisung are offered in cooperation with Klarna AB ( www.klarna.de ), Sveavägen 46, Stockholm, Sweden. The payment options Klarna invoice and Klarna installment purchase are available only to consumers.
(2) When paying by credit card, the customer submits their credit card details during the ordering process. After appropriate authentication, the seller requests the credit card company to initiate the payment transaction after the order has been placed. The payment transaction is processed automatically by the credit card company, and the credit card is charged.
(3) When paying via PayPal, the customer must register under www.paypal.de Register. The paypal.de terms of use apply.
(4) When paying by direct bank transfer, the customer must have an account activated for online banking with a participating bank or savings bank. At the end of the ordering process, the customer is redirected to an external website. A pre-filled form opens there, which already contains the seller's bank details, the transfer amount, and the intended use. The customer must then select the country in which the account is held and enter the bank sort code. The customer can then log in to online banking using their login details (account number and PIN). By entering a TAN, the transfer is initiated, and the customer receives confirmation of the transaction.
A few banks do not yet offer the payment option via Sofortüberweisung. For more information: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html
(5) When paying via Google Pay, the customer needs a Google account and a credit card that has been added to Google Pay.
(6) When paying with Apple Pay, the customer requires an Apple device on which payment via Apple Pay has been activated and a credit or debit card that has been added to Apple Pay. When making a purchase, the customer does not need to fill out an order form or create a customer account. If the customer makes the purchase using a MacBook Pro, the purchase can be confirmed using Touch ID on the Touch Bar. If the purchase is made using a MacBook or a Mac without a Touch Bar, the iPhone or Apple Watch will perform the ID process.
(7) When paying by Klarna invoice, the customer will receive the invoice from Klarna via email. Payment must be made to Klarna and can be made within 14 days. Further reference is made to Klarna's Terms and Conditions for purchase on account: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
(8) When paying via Klarna Installment Purchase, all purchases made via Klarna Installment Purchase will initially be collected by Klarna on a monthly invoice. The customer will receive the monthly invoice via email. Payment must be made to Klarna and can be made in installments of 1/24 of the total amount, but always with a minimum of €6.95. The entire amount can also be paid at any time, thereby ending the installment purchase. Klarna will conduct a credit check. If the customer's creditworthiness is not guaranteed, Klarna may refuse payment methods and advise the customer of alternative payment options. Reference is made to Klarna's privacy policy: https://www.klarna.com/de/datenschutz/ . Furthermore, reference is made to Klarna's terms and conditions for installment purchases and the European standard information for consumer credit: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account .
(9) Further information on the means of payment is can be found in the FAQs, customer information and privacy policy on the seller's website.
§ 6 SHIPPING
(1) The seller delivers exclusively to the countries specified in the FAQs.
(2) The delivery period for deliveries within Germany is stated in the "FAQ'S" overview The start of the delivery period is determined (depending on the chosen payment method) according to paragraphs 3 to 5.
(3) For payment in advance/by bank transfer, credit card, PayPal, Sofortüberweisung, Google Pay, or Apple Pay, the delivery period begins one day after the payment order is placed. For all other payment methods, the period begins one day after the order is placed.
(4) If the start or end of the period falls on a Saturday, Sunday or public holiday, the start or end of the period shall be postponed to the following working day.
(5) With regard to the reservation of proper self-supply, the Seller refers to Section 2 Paragraph 4 of these General Terms and Conditions.
(6) The Seller is entitled to make partial deliveries, provided that such partial delivery is reasonable for the Customer, taking into account the Customer's interests. This shall not affect the contract content, in particular the performance owed by the Seller or the agreed delivery time. The Customer shall not incur any additional costs as a result of the partial delivery.
§ 7 TRANSFER OF RISK
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of a sale by dispatch.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, and in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the dispatch.
(3) Delivery shall be deemed to have taken place if the customer is in default of acceptance.
§ 8 WARRANTY
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with Sections 8 and 9 of these General Terms and Conditions.
(2) Ordered goods may differ slightly in color from the goods depicted online. Reference is made to Section 2, Paragraph 1 of these Terms and Conditions.
(3) Consumers have the choice of whether to request subsequent performance by repair or replacement. The seller is entitled to refuse the selected type of subsequent performance if it is only possible at disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the consumer. For businesses, the seller will initially provide a warranty for defects in the goods by repair or replacement, at its discretion.
(4) If subsequent performance fails, the customer may, in principle, at his or her discretion, demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal); in addition, the customer may claim damages. In the case of only minor defects, the customer has no right of withdrawal – taking into account the interests of both parties. Instead of damages or performance, the customer may demand reimbursement of wasted expenses within the scope of Section 284 of the German Civil Code (BGB), which he or she incurred and was reasonably entitled to incur in reliance on receiving the goods. If the customer claims damages, the limitations of liability pursuant to Section 9 (1) of these General Terms and Conditions apply.
(5) Businesses must notify the seller of obvious defects in the delivered goods within two weeks of receipt of the goods; otherwise, the assertion of a warranty claim is excluded. Timely dispatch or notification is sufficient to meet the deadline. For merchants, Section 377 of the German Commercial Code (HGB) applies.
(6) If the customer is an entrepreneur, only the seller's product description shall be deemed to be agreed upon as the quality of the goods. Public statements, recommendations, or advertising by the manufacturer do not constitute the contractual quality of the goods.
(7) The warranty period for consumers is two years from delivery of the goods. By way of derogation, the warranty period for entrepreneurs is one year from delivery. The one-year warranty period shall not apply if the seller is guilty of gross negligence, nor in the case of physical injury or damage to health attributable to the seller, nor in the case of loss of life of the customer, nor in the case of a guarantee, nor in the case of delivery recourse pursuant to Section 478 of the German Civil Code (BGB). The seller's liability under the Product Liability Act remains unaffected.
(8) Notwithstanding paragraph 7, the regular limitation period shall apply if the seller has fraudulently concealed a defect.
(9) The Seller does not provide any guarantees to the Customer in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected.
§ 9 LIMITATIONS OF LIABILITY
(1) The seller is not liable for slightly negligent breaches of non-essential contractual obligations. This also applies to slightly negligent breaches of duty by the seller's legal representatives or vicarious agents. However, the seller is liable for the breach of essential contractual legal positions of the customer. Essential contractual legal positions are those that the contract must grant to the customer according to its content and purpose. The seller is also liable for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely.
(2) The above limitations of liability do not affect the customer's claims based on warranties and/or product liability. Furthermore, the limitations of liability do not apply in cases of fraudulent intent, breach of essential contractual obligations, or physical injury or damage to health attributable to the seller, or in cases of loss of life of the customer.
(3) The seller is only liable for its own content on the website of its online shop. To the extent that links provide access to other websites, the seller is not responsible for the third-party content contained therein. The seller does not adopt such third-party content as its own. If the seller becomes aware of illegal content on external websites, it will immediately block access to these sites.
§ 10 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. Section 17 (4) (o) of the Telemedia Act remains unaffected.
(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 this contract shall be the court having jurisdiction at the Seller's place of business, unless an exclusive place of jurisdiction exists. However, the Seller is also entitled to sue the merchant at the court of his or her place of residence or business. Jurisdiction based on an exclusive place of jurisdiction remains unaffected.
(3) We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. We ask for your understanding. Should you nevertheless have cause for complaint, we will be happy to assist you by phone or email.
(4) We are obliged to inform you that the European Commission provides a corresponding online platform for online dispute resolution. You can access this platform at the following link: http://ec.europa.eu/consumers/odr . In this context, we are also obligated to provide you with our email address, which is: hello@les-visionnaires.com