General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts that you conclude with us as a supplier (Fräulein Matti - Mareike Timmermanns) via the www.fraeulein.matti.de website.
Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods on this website.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. If you use an instant payment system (PayPal) as a payment method, you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system.
If you are forwarded to the instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the “order with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(6) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) If you are an entrepreneur, the following applies in deviation from Paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in writing (e.g. email); timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
c) In the event of defects, we guarantee, at our option, either repair or replacement. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice, as well as recourse claims according to §§ 478, 479 BGB.
e) Since most of the materials are natural products (wood, leather, etc.), the material can fade or change after a while and be subject to a certain amount of wear and tear as a result of being worn and used. With regular use, a defect after four weeks is considered to be wear and tear and not a defect. A repair will therefore be chargeable after the four weeks have elapsed.
f) In the area of natural materials, slight deviations in structure and color may occur. Such deviations do not constitute a defect.
g) Mareike Timmermanns does not accept any guarantee for damage that may arise due to the use of a purchased product (e.g. necklace cover).
§ 5 liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have violated an essential contractual obligation, the liability for property and financial damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our duty to act and to fulfill the contractually owed service, which is described in § 2.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Miss Matti
Mareike Timmermanns
Industriering Ost 67
47906 Kempen
Mail: fraeulein.matti@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr .
Miss Matti, Mareike Timmermanns, is not willing or obliged to take part in dispute settlement proceedings before a consumer arbitration board.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options take place in accordance with Section 2 of 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 save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
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. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only occurs when the item is handed over to
It is transferred regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
7.1. The liability for defects in our goods is based on the “Warranty” provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to complain to us and the freight forwarder as soon as possible
to communicate. If you fail to do so, this has no effect on your statutory warranty claims.
8. Important NOTES - please read carefully! The notes are part of the terms and conditions and must be read :
8.1. For the most part you will find artisanal products that are subject to a certain amount of wear and tear as a result of being worn and used. Therefore, a defect in the product beyond four weeks can be traced back to regular use and corresponding wear and tear. According to this, a repair after the four weeks is chargeable.
8.2. I do not accept any liability for damage to your smartphone, for example, that may arise due to the use of a purchased product (e.g. necklace case)! My products may only be used for the intended purpose. I make sure that high quality materials are used. Despite everything, it can happen that individual parts come loose. This can also happen with permanent use. This is not to be understood as a defect.
8.3. My products are not suitable for children under 3 years of age. All products are not toys and should be kept away from children. Possible accidents (strangulation, swallowing, suffocation, etc.) can be avoided by exercising the duty of supervision by a parent or guardian. Please check the products before each use. Throw away the product at the first sign of damage or defects!
Never attach the products to strings, ribbons, straps, or loose parts of a child's clothing.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.