GENERAL TERMS AND CONDITIONS
Terms of contract within the framework of purchase contracts concluded via the platform https://sparkles-of-light.com
SPARKLES OF LIGHT
owner: Karin Knopp-Willigalla
Am Zollhaus 39
Phone: +49 – (0) 211 – 31 12 064
Sales tax identification number: DE237.205.361
– in the following “provider” –
the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
For the business relationship between the Provider and the Customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider’s range and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking the button “buy now” he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Your order at SPARKLES OF LIGHT” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” 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 application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation) with the subject “Confirmation of your order with SPARKLES OF LIGHT”. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price.
(2) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) The customer can make payment by direct bank transfer, PayPal standard.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Prices and shipping costs
(1) All prices, which are indicated on the website of the supplier, are inclusive of the respective valid legal value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 5 Warranty for material defects
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods supplied by the provider is 12 months.
§ 6 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, 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 agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 7 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(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 is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract shall become ineffective as a whole.
ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at HTTPS://EC.EUROPA.EU/CONSUMERS/ODR. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.