GENERAL TERMS AND CONDITIONS OF BUSINESS
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Diana Karadzic) via the website https://diakarad.com/. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, 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. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering the
Your personal data, as well as the payment and shipping terms, will be displayed again on the order summary page. Before submitting your order, you have the opportunity to review the information in the order summary, make changes (including using your browser's "back" button), or cancel the order. By submitting your order via the "Place order" button, you are submitting a binding offer to us.
You will first receive an automated email confirming receipt of your order, which does not yet constitute a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) occurs within 2 days by confirmation in written form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received such a message, you are no longer bound by your order. Any payments already made will be refunded immediately in this case.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Seller's identity
Diana Karadzic
DIAKARAD
Augsburger Straße 281
70327 Stuttgart
Germany
Telephone: 01747037227
Email: hello@diakarad.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr .
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.
5.4. Any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) are to be borne by you in the following cases:
to bear the burden in cases where delivery takes place in an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I). These Terms and Conditions and customer information were drafted by the IT law specialists of the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice
Last updated: January 1, 2022