General terms and conditions of the paperbag with customer information
§ 1 Provider and Scope of Application
§ 2 Offer of goods and conclusion of contract
§ 3 Non-availability of the goods
§ 4 Prices and payment modalities
§ 5 Dispatch and delivery periods
§ 6 Retention of title
§ 7 Return of the goods
§ 8 Right of revocation
§ 9 Warranty
§ 10 Copyrights and other rights to the contents of www.thepaperbag.de
§ 11 Applicable law
§ 12 Place of jurisdiction
§ 13 Information on online dispute resolution
§ 14 Final provisions
§ 1 Provider and Scope of Application
(1) Provider and contractual partner of the online shop the paperbag and the goods displayed there is ZILCH & ROITHER GbR (managing partners: Valerie Zilch and Jennifer Roither), Maurerberg 4a, 82319 Starnberg, Germany, e-mail: post@thepaperbag.de (hereinafter referred to as "seller").
(2) These terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
(3) A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
(4) Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
§ 2 Offer of goods and conclusion of contract
(1) The seller offers the products displayed in his shop the paperbag to other users for sale. The colour display of the items on the website may vary depending on the Internet browser used and the monitor settings of the customer. These deviations are technically never completely avoidable.
(2) The selection of goods, conclusion of the contract and execution of the contract shall be made exclusively in the German language.
(3) The seller sells exclusively to customers who are of age and have a residence within the EU or Switzerland to which the goods can also be shipped. Goods shall only be delivered in quantities customary in households.
(4) The customer selects the desired goods by placing them in the virtual shopping basket. The customer has the possibility at any time up to the dispatch of his order desire to see the data indicated in the context of the order for the purpose of the control, to correct or completely abort. The order request can then be sent to the seller via the "Buy now" button.
(5) The seller confirms the receipt of your order immediately by email (confirmation of receipt) after sending the order. This automatic acknowledgement of receipt merely confirms that your order has been received by the paperbag and does not constitute acceptance of your application.
The seller then confirms the conclusion of the contract again by separate e-mail (order confirmation), whereby a legally valid contract is concluded between the customer and the seller.
The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
(6) The nature, characteristics and quality of the delivered goods are determined by the quality specifications in the respective product descriptions, which can be called up on the Seller's website www.thepaperbag.de .
§ 3 Non-availability of the goods
The availability of the products is always indicated in the product description. Should a product ordered by you on paperbag.de still not be available at short notice at the time of placing the order, the seller will inform the customer immediately about the unavailability and the time of the expected availability.
If a product is permanently unavailable, the seller does not accept the order. In this case no contract will be concluded.
Payments already made by the customer will of course be refunded immediately in such a case.
In the case of other obstacles to delivery or circumstances which would prevent the fulfilment of the contract, the seller shall also inform the customer by e-mail.
§ 4 Prices and payment modalities
(1) All prices quoted are inclusive of the statutory value added tax applicable at the time of performance of the service.
(2) In the case of foreign bank transfers, the customer shall bear the third-party fees (transfer fees).
(3) The customer must pay for possible costs such as customs duties. As these fees are charged directly by customs, the seller has no influence on them.
(4) The current prices at the time of order are based on the respective product descriptions published on the website www.thepaperbag.de and are shown separately for each order before it is sent.
(5) The shipping costs are to be borne by the customer and are currently maintained under the menu item ''Delivery and Payment Conditions'' and are available there at any time.
(6) The seller delivers according to the choice of the customer against prepayment by bank transfer or against prepayment by PayPal payment.
If payment is made in advance, the customer will receive an e-mail with the confirmation of contract containing further information on the purchase process.
For prepayment orders there is a payment period of 5 working days from receipt of the confirmation of contract. The seller reserves the desired goods for the duration of the payment period for the buyer. It is the customer's responsibility to effect his payment in time so that it is received by the seller within the period. The seller reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the end of the period. Any payment received from the customer after withdrawal will be refunded to the customer.
If payment is made by means of a payment method offered by PayPal, the payment shall be processed 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 Terms of Use, 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 - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer has chosen "PayPal" as his payment method, he can use the "Buy Now" button to access the PayPal online service mentioned above and arrange for payment to be made there. The seller asks here also the provisions to the conclusion of contract under §2 (5) to consider
(7) The customer agrees to receive invoices and credit notes exclusively in electronic form.
§ 5 Dispatch and delivery periods
(1) The seller ships goods that are in stock within 1-4 working days from receipt of payment. The seller ships with UPS, DHL, DPD and Hermes. The commodity is within Germany 1-4 days on the way. The shipping date is the date on which the products ordered by the customer are handed over to the shipping service provider responsible for the delivery. The seller asks the customer to understand that no guarantee can be given for a prompt and timely delivery by the shipping service provider.
(2) Several products ordered at the same time will be delivered in one shipment. The delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a certain product with a shorter delivery time in advance, he must order this product separately.
(3) If the delivery to the customer fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon when the contract was concluded.
(4) The products can only be shipped to delivery addresses in member countries of the EU and Switzerland. Other countries on request.
(5) A self-collection is not possible for logistic reasons.
§ 6 Retention of title
(1) If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
§ 7 Return of the goods
(1) For reasons of simplification, the Seller asks the Customer to return the goods to the address stated therein using the return documents enclosed with each delivery. Acceptance of returned goods does not imply acceptance of the notice of defects. A corresponding check will only take place in the logistics of the paperbag online shop.
(2) The seller points out that in the event of deterioration of the goods, the customer may be obliged to pay compensation. A possible obligation to pay compensation can be avoided by the customer by omitting everything that impairs the value of the goods and he does not use the product as his property. Otherwise, the customer should only try on or test the goods as he would have been able to do in a shop.
(3) The purchaser shall bear the shipping costs for returned goods.
§8 Right of revocation
(1) In principle, the customer has a right of revocation.
(2) Further information on the right of revocation can be found in the seller's revocation instructions.
§ 9 Warranty
(1) The seller's warranty obligation shall be governed by the statutory provisions. A guarantee of quality or durability is not given.
Any complaints are to be addressed to:
ZILCH & ROITHER GbR, Maurerberg 4a, 82319 Starnberg, Germany
§ 10 Copyrights and other rights to the contents of www.thepaperbag.de
ZILCH & ROITHER GbR holds the sole copyright, trademark and other rights to all texts, graphics, photographs, logos, designs and the coordination and arrangement of all content on www.thepaperbag.de.
Unless expressly permitted in writing by ZILCH & ROITHER GbR, content on www.thepaperbag.de may not be copied, reproduced, uploaded, downloaded, publicly displayed, otherwise published or otherwise distributed or appropriated.
§ 11 Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
§ 12 Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
§ 13 Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.
§ 14 Final provisions
Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.