Terms of service
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Specific Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Code of Conduct
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Karolina Gunia, trading under "Amazing Mall" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to delivering the goods, the Seller is obliged to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.4 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.5 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as a basis for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes 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 (fax or email), whereby receipt of the order 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 placing the order.
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 receipt of the order 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 placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch 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 is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering 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 has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this time. If the Customer has created a user account in the Seller's online shop before submitting 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 corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further 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 Seller's product description, the prices quoted are total prices. VAT is not charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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.
4.6 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately by "SOFORT" and debited from the customer's bank account. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, which the customer may be informed of separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
4.8 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If the customer is permitted to use the payment method after a credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. In all other respects, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to only offer the payment method "PayPal Invoice" up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.9 If the payment method "PayPal Invoice" is selected, the seller assigns its payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative credit check result. If the "PayPal Invoice" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the seller can only make payments to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. In addition, the General Terms and Conditions for the use of PayPal's purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.10 If a payment method offered via the "Klarna" payment service is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
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 has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that require advance payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the seller can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and reshipments, or credit notes.
https://amazingmall.de/pages/faq
5) Delivery and Shipping Conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.
5.2 If 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 does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.3 If the customer is a business owner, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller has not previously designated this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the Customer as follows:
- by email
6) Retention of Title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods:
7.1 If the customer is a business owner,
the seller shall have the choice of the type of subsequent performance;
for new goods, the limitation period for warranty claims is one year from delivery of the goods;
for used goods, warranty claims are excluded;
the limitation period does not commence anew if a replacement delivery is made within the scope of warranty claims.
7.2 If the customer is a business owner,
the seller shall have the right to choose the type of subsequent performance;
for new goods, the limitation period for warranty claims is one year from delivery of the goods;
for used goods, warranty claims are excluded;
the limitation period does not commence anew if a replacement delivery is made within the scope of warranty claims. 7.2 The limitations of liability and shortening of time limits stipulated above do not apply
to the customer's claims for damages and reimbursement of expenses,
in the event that the seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
to any existing obligation of the seller to provide updates for digital products, and to contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, they are asked to complain to the delivery person about any goods delivered with obvious transport damage and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason:
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb, or health,
based on a warranty promise, unless otherwise regulated in this regard,
based on mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the customer can generally rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9) Special Conditions for the Processing of Goods According to Specific Customer Specifications
9.1 If, according to the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of 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 violated, in particular copyrights, trademark rights, and personal rights.
9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This shall not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
10.7 The balance of a promotional voucher will not be paid out in cash or accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller may make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with discharging effect. This shall not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of authority to represent the respective owner.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer by the expiration date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
11.7 The balance of a gift voucher will not be paid out in cash or accrue interest.
11.8 The gift voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent.
12) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
13) Code of Conduct
- The seller has agreed to the terms and conditions of participation for the eCommerce initiative "Fairness in Trade," which are available online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
14) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
