General terms and conditions of business

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Michael Lüdecke) via the website/online shop www.calm-clothes.de . Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.

(2) A consumer within the meaning of the following provisions 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. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods you intend to buy are placed in the shopping cart . You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.

After clicking the button "proceed to checkout" or "order with payment" (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system , make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate 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 at the latest. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy of content and therefore assume no liability for errors.

§ 4 Special agreements on payment methods offered

(1) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/ .

Further information about Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/ .

(2) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(3) Payment via "Stripe"

If you select a payment method offered by "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. Further information about "Stripe" can be found at https://stripe.com/de .

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check 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. If you do not do this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of Law

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

§ 8 Protection of Minors

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.

Any existing age restrictions will be indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the minimum age required by law and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the minimum age required by law receive the goods.

(3) To the extent that we are required by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.

(4) To the extent that we indicate in the respective item description that you must be at least 18 years old to purchase the goods, in addition to the legally required minimum age, the above paragraphs 1-3 shall apply, with the proviso that you must be of legal age instead of the legally required minimum age.


II. Customer information

1. Identity of the seller

 Michael Lüdecke

Brandenstein 2
39291 Möckern / OT Krüssau
Germany
Email: kontakt@calm-clothes.de

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr . We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, storage of contract text 3.1. The contract language is German. 3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, 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 methods 5.1. The prices and shipping costs stated in the respective offers 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 accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process and must be borne by you in addition, unless free shipping has been promised.5.3. If the delivery is to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (credit transfer or exchange rate fees), which must be borne by you. 5.4. Any costs incurred for money transfer (credit transfer or exchange rate fees) must be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions 6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 designated to carry out the shipment.

7. Statutory liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

last update: 01.11.2024