AGB's

General terms and conditions with customer information

(The following terms and conditions also contain legal information on your rights under the provisions on distance selling and electronic commerce contracts.)

A. AGB

1. Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and warranty
9. Liability
10. Storage of the contract text
11. Data protection
12. Place of jurisdiction, applicable law, contract language

B. Cancellation policy

A) AGB

1. Scope of application
1.1. The business relationship between CALIFORNIA DREAMING, owner: Dörte Bundt, Görlitzer Str. 70, 10997 Berlin (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from [9:00 a.m. to [6:00 p.m.] at the telephone number [01777 093 623] and by e-mail at info(at)californiadreamingdesigns(dot)com.
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise stated in the products. Otherwise, errors are reserved.

3. Ordering process and conclusion of contract
3.1. The Customer may select products from the Seller's product range without obligation and collect them in a so-called shopping cart via the [add to shopping cart] button. Subsequently, the customer can proceed within the shopping cart via the button [Continue to checkout] to the completion of the order process.
3.2. Via the [Buy] button, the customer submits a binding request for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out via the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within at least 2 to a maximum of 14 days or confirmed the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4. Sollte der Verkäufer eine Vorkassezahlung ermöglichen, kommt der Vertrag mit der Bereitstellung der Bankdaten und Zahlungsaufforderung zustande. Wenn die Zahlung trotz Fälligkeit auch nach erneuter Aufforderung nicht bis zu einem Zeitpunkt von 10 Kalendertagen nach Absendung der Bestellbestätigung beim Verkäufer eingegangen ist, tritt der Verkäufer vom Vertrag zurück mit der Folge, dass die Bestellung hinfällig ist und den Verkäufer keine Lieferpflicht trifft. Die Bestellung ist dann für den Käufer und Verkäufer ohne weitere Folgen erledigt. Eine Reservierung des Artikels bei Vorkassezahlungen erfolgt daher längstens für 10 Kalendertage.

4. Prices and shipping costs
4.1. All prices indicated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2. In addition to the prices indicated, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.

5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose to you the delivery of a comparable product. If no comparable product is available or if the customer does not want a delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.5. Customers will be informed about delivery times and delivery restrictions (e.B. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Terms of payment
6.1. The customer can choose from the available payment methods within the scope and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.B. PayPal. their general terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the assertion of further damages caused by default by the seller.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Bis zur vollständigen Bezahlung verbleiben die gelieferten Waren im Eigentum des Verkäufers.

8. Warranty for material defects and warranty
8.1. The warranty is governed by statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty conditions before initiating the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for entitlement.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
10.2. The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the GTC together with the cancellation policy and the information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. Data protection
11.1. The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the Seller for the fulfilment and execution of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. Upon request, the Customer has the right to receive information free of charge about the personal data stored about him by the Seller. In addition, he has the right to correction of incorrect data, blocking and deletion of his personal data, unless there is a legal retention obligation to the contrary.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the privacy policy.

12. Place of jurisdiction, applicable law, contract language
12.1. Gerichtstand und Erfüllungsort ist der Sitz des Verkäufers, wenn der Kunde Kaufmann, juristische Person des öffentlichen Rechts oder öffentlich-rechtliches Sondervermögen ist.
12.2. The contract language is English.

B. Cancellation policy

Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.

Um Ihr Withdrawal auszuüben, müssen Sie uns (California Dreaming, Dörte Bundt, Görlitzer Str. 70, 10997 Berlin, info(at)californiadreamingdesigns(dot)com) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Withdrawals vor Ablauf der Widerrufsfrist absenden.

Consequences of revocation

If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which the revoked order has been received by us. The customer is responsible for the return fees. For the repayment of the order, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.