Terms of service

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Tamara Simek (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to invite the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), whereby receipt of the confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when one of the alternatives first occurs. The acceptance period begins on the day following the dispatch of the offer by the Customer and ends at the expiry of the fifth day following dispatch. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal Terms of Use. By selecting a PayPal payment method and clicking the button that completes the order process, the Seller hereby declares acceptance of the Customer’s offer at that moment.

2.5 After conclusion of the contract, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email). No further access to the contract text is provided. If the Customer has created a user account before placing the order, the order data can be accessed free of charge via the password-protected user account.

2.6 Before submitting a binding order, the Customer may identify input errors by carefully reviewing the information displayed on the screen. Input errors can be corrected using standard keyboard and mouse functions until the order completion button is clicked.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided is correct and capable of receiving emails from the Seller.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, prices are total prices. VAT is not charged due to the Seller’s small business status. Any additional delivery and shipping costs are stated separately.

4.2 The available payment methods are communicated to the Customer in the online shop.

4.3 If payment is made via PayPal, PayPal may conduct a credit check for certain payment methods. The Seller reserves the right to refuse a payment method in the event of a negative result.

4.4 If payment is made via Shopify Payments, payment processing is carried out by Stripe Payments Europe Ltd., Dublin, Ireland.

4.5 If payment is made via Klarna, payment processing is carried out by Klarna Bank AB, Sweden. Further details are available at:
https://animor.eu/pages/zahlungsarten-animor

5) Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address provided by the Customer within the specified delivery area.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the resulting reasonable costs.

5.3 For entrepreneurs, the risk passes upon handover to the carrier. For consumers, the risk passes upon delivery, unless the consumer independently commissions the carrier.

5.4 In the event of incorrect or improper self-supply, the Seller may withdraw from the contract and will refund payments made.

5.5 Self-collection is not possible.

6) Retention of Title

The Seller retains ownership of the goods until full payment of the purchase price.

7) Liability for Defects (Warranty)

Statutory warranty provisions apply unless otherwise stated. For entrepreneurs, warranty periods and rights may be limited as described.

8) Liability

The Seller is liable without limitation for intent, gross negligence, injury to life, body or health, guarantees, and mandatory liability. In cases of slight negligence, liability is limited to foreseeable damages.

9) Applicable Law

The law of the Federal Republic of Germany applies, excluding international sales law. For consumers, mandatory consumer protection laws of their country of residence remain unaffected.