Contents
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of title
7. Liability for defects (Warranty)
8. Special conditions for the processing of goods according to specific customer requirements
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of Astrid Lockhart, trading as „Silber im Rathaus am Marienplatz“ (hereinafter referred to as „Seller“), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as „Customer“) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer, for the purposes of these terms and conditions, is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur, for the purposes of these terms and conditions, is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but rather serve for the customer to make a binding offer.
2.2 The customer can submit an offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail, post or via an online contact form.
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 (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this regard, or
– by delivering the ordered goods to the customer, whereby the decisive factor in this respect is the customer's receipt of the goods, or
– by asking the customer for payment after they have placed their order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer shall commence on the day after the customer sends the offer and shall expire at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer shall no longer be bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selected during the online order process, the seller hereby accepts the customer's offer at the moment the customer clicks the button that concludes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller will not make the contract text accessible beyond this. If the customer set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by providing the relevant login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process, using the usual keyboard and mouse functions, until they click the button that finalises the ordering process.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is accurate, so that e-mails sent by the seller can be received at this address. In particular, if the customer uses SPAM filters, they must ensure that all e-mails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal shall not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices inclusive of statutory value added tax. Any applicable additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfer if the delivery is not to a country outside the European Union, but the customer is making the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5) Delivery and Shipping Terms

5.1 Goods shall be delivered by mail to the delivery address specified by the customer, unless otherwise agreed. In processing the transaction, the delivery address indicated in the seller's order processing shall be authoritative. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be authoritative.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply to the costs of outward delivery if the customer effectively exercises their right of withdrawal. For the costs of return, the provision made in the seller's cancellation policy shall apply in the event of the customer effectively exercising their right of withdrawal.
5.3 For self-collection, the seller will first inform the customer by email that the goods ordered by them are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises after making an arrangement with the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller provides the goods in advance, they retain ownership of the delivered goods until the full purchase price has been paid.

7) Liability for defects (Warranty)

7.1 If the item purchased is defective, the provisions of statutory liability for defects shall apply.
7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect only appears after the expiry of one year from the delivery of the goods. Defects that appear within one year of the delivery of the goods may be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
– for things which have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
– for the customer's claims for damages and reimbursement of expenses, as well as
– in the event that the seller fraudulently concealed the defect.
7.3 If the customer acts as a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller. If the customer fails to do so, this will have no effect on their statutory or contractual warranty claims.

8) Special conditions for processing goods according to specific customer requirements

8.1 If, according to the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer requirements, the customer shall provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and shall grant the seller the necessary usage rights for this purpose. The customer alone is responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for possessing the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed thereby, especially copyright, trademark, and personality rights.
8.2 The customer shall indemnify the seller against third-party claims that they may assert against the seller in connection with an infringement of their rights through the seller's contractually compliant use of the customer's content. The customer shall also bear the reasonable costs of necessary legal defence, including all statutory court and legal fees. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall immediately, truthfully and completely provide the seller with all information required for the examination of the claims and for the defence.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangers minors, and/or glorifies violence.

9) Applicable law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 This choice of law also does not apply to the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not nationals of an EU member state and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union.

10) Alternative Dispute Resolution

10.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a single point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.