imprint
Sweetheart Dance
Elaine Mayerhofer
Markt 33
95615 Marktredwitz Deutschland
Kontakt:
Telefon: +49 160 4877397
E-Mail: elainemayerhofer@aol.com
Willkommen bei Sweetheart-Dance.de!
§ 1 Scope and provider
(1) The general terms and conditions (hereinafter referred to as "GTC") regulate the sale of products by Sweetheart-Dance.de (hereinafter referred to as provider) to you, in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer will be rejected.
(3) Please read these conditions carefully before placing an order with Sweetheart-Dance.de. By placing an order with Sweetheart-Dance.de you agree to the application of these terms and conditions of sale to your order.
(4) On Sweetheart-Dance.de we offer you the sale of the following products:
Dance clothing
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
Europe-wide.
For individual bulky items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The purchaser must be at least 18 years old.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.
(5) Your order represents an offer to Sweetheart-Dance.de to conclude a purchase contract. The purchaser makes a binding offer when he has completed the online ordering process by entering the information requested there and clicks the "order with payment" button in the last step of the order.
(6) The purchase contract between the provider and the purchaser is only concluded when the provider declares acceptance. This occurs at the earlier of the two dates, either sending the goods or sending a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for quantities larger than normal household quantities and the commercial resale of the purchased item requires express confirmation from the provider. This applies both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders include a normal household quantity.
(8) Your orders are stored by us after the contract has been concluded. If you lose your documents relating to your orders, please contact us by email or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. You can find more information about electronic invoices on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and include a flat shipping fee and a shipping surcharge. Shipping surcharges vary depending on the delivery method and item nature.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you if you want to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have stated, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Sweetheart-Dance.de (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only an estimate and approximate guideline. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
(2) If Sweetheart-Dance.de determines during the processing of your order that products ordered by you are not available, you will be informed of this separately by email or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery is made depending on the customer's payment method. If payment is made in advance, delivery is made after the payment order has been issued to the transferring credit institution. If payment is made by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery is made after the contract has been concluded.
(5) If your order is sent in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Sweetheart-Dance.de. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.
§ 5 Customs
(1) If you order products from Sweetheart-Dance.de for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from Sweetheart-Dance.de, you will be considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods using the following payment methods:
- Paypal
- Direct debit:
In the event of a direct debit return for which the customer is responsible, Sweetheart-Dance.de will charge a flat-rate compensation of €5 (five euros). The customer can prove that no damage was incurred at all or that the damage is significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party providers.
- Immediate bank transfer
- Prepayment
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receiving the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been dispatched.
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer gives the provider a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of the goods being dispatched, without any deduction of discounts.
(9) If the customer defaults on payment, the provider reserves the right to claim damages for the delay.
§ 7 Offsetting and right of retention
(1) The customer is only entitled to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 8 Retention of title
Sweetheart-Dance.de reserves title to the goods until full payment has been made.
§ 9 Transport damage
(1) If the customer receives the goods with obvious transport damage, the provider requests that he complain as soon as possible.
(2) If the customer fails to complain, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 10 Defect law
(1) If the customer is a consumer, the warranty and liability for defects of the delivered item are governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from delivery of the goods and can request the repair or replacement of the products purchased on Sweetheart-Dance.de if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or reduction in the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies unless claims for damages and reimbursement of expenses are asserted that relate to compensation for damage to body and health or to intent or gross negligence.
§ 11 Limitation of liability (products)
(1) The provider is liable for claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, body or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of Sweetheart-Dance.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the customer is a consumer, he has a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a good in several partial shipments or pieces) without giving any reason.
To exercise your right of cancellation, you must notify us:
Sweetheart-Dance.de
Markt 33
95615 Marktredwitz
Telefon: 01604877397
E-Mail: elainemayerhofer@aol.com
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by email).
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return center within the period defined below.
(3) Consequences of revocation
If you revoke this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any event no later than 14 days from the date on which you notify us of the revocation of this contract to
elaine Mayerhofer
Vorstadt 9
92249 Vilseck
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the 14-day period. You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of €120 (one hundred and twenty euros) or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you.
(4) Exceptions to the right of cancellation
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of cancellation does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
for services, if Sweetheart-Dance.de has provided them in full and you have acknowledged and expressly agreed before ordering that we can start providing the service and that you lose your right of withdrawal upon full fulfillment of the contract;
for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
§ 14 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from Sweetheart-Dance.de about the data relating to you.
(5) The user also has the right to have data corrected/deleted/processed to be restricted.
§ 15 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, and these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you for this purpose which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or that cookies that have already been stored are deleted again. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
§ 16 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final provisions
(1) The contract language is German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Sweetheart-Dance.de with the involvement of a parent or guardian.
(3) If you violate these Terms and Conditions and we do not take action against this, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, conditions, including these Terms and Conditions at any time. The Terms and Conditions of Sale, Contract Terms and Conditions in force at the time of your order will apply to your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders you have previously placed). If any provision in these terms and conditions of sale is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this be the case, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.