Terms and Conditions
1. Scope of Application
(1) These General Terms and Conditions apply to the sale of goods by Caroline Hayashi, Dachauer Strasse 173, 80636 Munich (hereinafter referred to as "we“ or „us“ to the customer (hereinafter referred to as the "Customer“ or „you“)in our online-Shop.
(2) Any terms and conditions of the Customer that deviate from or supplement these General Terms and Conditions shall not form part of the contract.
2. Distinction Between Consumers and Businesses
(1) Certain provisions of these General Terms and Conditions do not apply to all Customers, but only to Consumers or only to Businesses. Where this is the case, it is expressly indicated in the relevant provision of these General Terms and Conditions.
(2) For the purposes of these General Terms and Conditions, a Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business, or self-employed professional activity, in accordance with the statutory definition set out in Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
(3) For the purposes of these General Terms and Conditions, a Business is any natural person, legal entity, or partnership with legal capacity that enters into a business relationship with us in the exercise of its trade, business, or self-employed professional activity, in accordance with the statutory definition set out in Section 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
3. Customer Account
(1) To facilitate the convenient use of the online shop, you may create a Customer Account. You are required to keep your login credentials, such as your password, confidential and to notify us immediately in the event of loss or any unauthorised use of your login credentials.
4. Formation of Contract and Contract Language
(1) Your order for goods and/or services constitutes a binding offer to enter into a contract. To place an order, you add the selected goods to the shopping basket, proceed through the ordering process on the website, and enter the requested information. Before submitting your order, you have the opportunity to review all order details and correct any errors if necessary. Only upon submitting the order do you make a binding offer to enter into a contract with us.
(2) We may accept your offer within two days by:
- sending an order confirmation by post, fax, or email;
- dispatching the goods; or
- requesting payment.
For the purpose of complying with this time limit, the relevant date is the date on which the order confirmation, goods, or payment request is received by you.
(3) The contract language is German.
5. Storage of Contract Terms
We store the terms of the contract, including the order details and these General Terms and Conditions. You may print or save the contract terms yourself by using the standard functions of your web browser (usually “Print” or “Save As”>).
The order details are contained in the order summary displayed during the final step of the ordering process. The contract terms, including these General Terms and Conditions, are also included in the order confirmation email that we send to you if we accept your order.
6. Delivery Disruptions
If an ordered item is unavailable because our supplier fails to deliver to us despite being contractually obliged to do so, and we are not responsible for such failure, we shall be entitled to withdraw from the contract. In such case, we will inform the Customer without undue delay that the ordered goods are no longer available and will promptly refund any payments already made.
7. Payment
If advance payment has been agreed, payment shall be due immediately upon conclusion of the contract.
8. Retention of Title Clause
(1) In dealings with Consumers:
The product delivered by us shall remain our property until full payment has been made (goods subject to retention of title).
(2) In dealings with Businesses:
We retain title to the goods subject to retention of title until all payments arising from the business relationship with the Customer have been received. We undertake, at the Customer’s request, to release securities to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the choice of securities to be released shall be made by us.
The Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business; however, the Customer hereby assigns to us in advance all claims arising from such resale.
9. Claims for Defects (Warranty)
(1) In dealings with Consumers:
Our warranty obligations shall be governed by the statutory provisions on warranty.
(2) In dealings with Businesses:
If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the Customer shall inspect the goods immediately upon receipt. Any obvious defects must be notified to us in writing without undue delay after receipt of the goods or—if the defect only becomes apparent later—without undue delay after discovery. Timely dispatch of the notice shall suffice to preserve the Customer’s rights. If this requirement is not met, the goods shall be deemed accepted. This shall not apply if we have fraudulently concealed the defect.
Where a defect in the purchased goods exists, we shall initially provide warranty by way of subsequent performance, at our discretion either by remedying the defect or by delivering replacement goods. If subsequent performance fails, the Customer shall be entitled to reduce the purchase price or— in the case of material defects—withdraw from the contract.
Claims of the Buyer arising from defects in the goods shall become time-barred one year after delivery of the purchased item to the Customer.
This shall not apply to claims for damages by the Buyer seeking compensation for injury to life, body, or health caused by a defect for which we are responsible, or arising from gross negligence on our part or on the part of our vicarious agents; in such cases, the statutory limitation period shall apply.
If the goods are a building or an item that has been used in accordance with its customary purpose for a building and has caused its defectiveness, the limitation period shall, in accordance with statutory provisions, be five years from delivery.
10. Exclusion and Limitation of Liability
Our liability for damages shall be governed as follows:
(1) In cases of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply to negligently caused damages resulting from injury to life, body, or health.
(2) In the case of negligently caused property damage and financial loss, we shall only be liable for the breach of an essential contractual obligation, and in such cases liability shall be limited to the foreseeable damage typical for this type of contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfilment is necessary to enable the proper performance of the contract in the first place and on whose compliance the contractual partner may regularly rely.
(3) In all other respects, any liability on our part, irrespective of its legal basis, shall be excluded.
(4) The exclusions and limitations of liability set out in paragraphs (1) to (3) above shall apply mutatis mutandis in favour of our vicarious agents as well.
(5) Liability arising from the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability set out in paragraphs (1) to (4) above.
11. Governing Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. In relation to Consumers, this choice of law shall apply only insofar as it does not deprive the Consumer of any mandatory statutory provisions of the country in which the Consumer has their habitual residence.
(2) In dealings with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction shall be the registered office of our company. However, we shall also be entitled, at our discretion, to bring legal proceedings at the Customer’s place of business.
