1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

These terms and conditions also apply to future business relationships with businesses without the need for further notification. If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

 

2. Contracting parties, conclusion of contract

The purchase agreement is concluded with Chalona GmbH.

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit it.

We expressly point out that the color of the items may differ from the representation in the online shop.

The point at which the contract with us comes into effect depends on the payment method you have chosen:

Cash on delivery, invoice, credit card, Klarna invoice  
We will accept your order by sending a confirmation of acceptance in a separate email or by delivering the goods within two days.

prepayment
We will accept your order by sending a confirmation email within two days, in which we will provide you with our bank details.

PayPal  
During the order process, you will be redirected to the PayPal website. There you can enter your payment details and confirm the payment instruction to PayPal. After you place your order in our shop, we request PayPal to initiate the payment transaction, thereby accepting your offer.

 

3. Contract language, contract text storage

The languages ​​available for concluding the contract are German and English.

We save the contract text and send you the order details and our terms and conditions by email. You can view the contract text in your customer login.

 

4. Delivery conditions

Shipping costs are added to the stated product prices. Details regarding shipping costs can be found in the individual offers.

We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to parcel lockers.

 

5. Payment

The following payment methods are generally available in our shop:

prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the delivery person. There are no additional costs for this.

credit card
By submitting your order, you are simultaneously transmitting your credit card details to us.
After verifying your identity as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after shipping the goods. The payment transaction will be processed automatically by the credit card company, and your card will be charged.

PayPal  
During the order process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After you place your order in our shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal after the goods have been shipped. You will receive further instructions during the ordering process.

Purchase on account via Klarna
In cooperation with Klarna AB ( www.klarna.de ), Sveavägen 46, Stockholm, Sweden, we offer you the option of paying by invoice.
Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna.
When you buy on account with Klarna, you always receive the goods first and you always have a payment period of 14 days.
The full terms and conditions for purchasing on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .

The invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our account. We reserve the right to offer payment by invoice only after a successful credit check.

 

6. Retention of title

The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

 

7. Transport damage

The following applies to consumers:  
If goods are delivered with obvious transport damage, please report such damage to the delivery driver immediately and contact us without delay. Failure to report damage or contact us will not affect your statutory rights or their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.

The following applies to entrepreneurs:
The risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. For merchants, the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.

 

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory warranty rights apply.
When consumers purchase used goods, the following applies: if a defect appears after one year from delivery of the goods, any claims for defects are excluded. Defects that appear within one year of delivery can be claimed within the statutory limitation period of two years from delivery.
For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. Used goods are sold excluding any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract are considered an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The foregoing limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.

• in case of injury to life, body or health
• in the case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.

 

9. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.

• in case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.

 

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/ .
We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

 

11. Final Provisions

 

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.