Terms and Conditions with customer information
4. Prices and terms of payment
5. Delivery and shipping conditions
7. Liability for defects (warranty)
8. Redemption of action vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of SM Trade GmbH, acting under "The Candy Store" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that are a consumer or entrepreneur (hereinafter referred to as "Customer") with the seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless something differences is expressly agreed otherwise.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. The contracting party (seller) is SM Trade GmbH, Paul-Heyse-Str. 27, 81379 Munich.
2.3 The seller can accept the offer of the customer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further confirmation of the contract by the seller will not be done. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up by the customer via his password-protected user account with the corresponding login data.
2.6 Prior to the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, by which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that ends the order process.
2.7 Only the German and English language is available for the conclusion of the contract.
2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
2.9 Insofar as your order is comprised of goods, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. The deliverer shall only hand over the goods after an age check and only to the purchaser in person..
3. Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the Revocation Terms of the seller.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be carried by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties, taxes or customs duties. Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date. Money has to be on the provider´s account in 5 working days otherwise provider has the right to cancel the contract.
5. Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the Revocation Terms of the seller.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
5.4 Vouchers will be given to the customer as follows:
- by email
6. Retention of title
The goods shall remain our property until full payment is made.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• with guarantee promise, as far as agreed, or
• as far 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 enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected.
Incidentally, claims for damages are excluded.
9. Redemption of action vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "action vouchers") can only be redeemed in the vendor's online shop and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.5 Only one promotion coupon can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the prmotion voucher is insufficient to cover the order, one of the remaining payment methods offered by the vendor may be selected to settle the difference.
9.8 The balance of a promotion voucher is neither paid in cash nor interest.
9.9 The promotion voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
9.10 The promotion voucher is only for use by the person named on it. A transfer of the prmotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
10. Redemption of gift vouchers
10.1 Vouchers that can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 When ordering, several gift vouchers can be redeemed.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional Gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
10.7 The credit of a Gift vouchers will not be paid in cash or interest.
10.8 The Gift vouchers is transferable. The seller can make a liberating effect to the respective owner who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
11. Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. Place of Jurisdiction is Munich.
12. Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.