General Terms and Conditions and Customer Information for Products

I. General Terms and Conditions

§ 1 Basic Provisions

1. The following Terms and Conditions apply to all contracts concluded with us, Maria Alicia Garza Ramos de Gündogdu, via the website www.aliciagarza.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is expressly rejected.

2. A “consumer” within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An “entrepreneur” is any natural or legal person or partnership with legal capacity acting in the course of its trade, business, or profession when concluding a legal transaction.

§ 2 Conclusion of Contract

1. The subject of the contract is the sale of goods. The product presentations on our website are non-binding and do not constitute a binding offer.

2. You may submit a binding purchase offer (order) via our online shopping cart system.

   • The goods intended for purchase are placed in the “shopping cart.” You can access the shopping cart at any time via the navigation bar and make changes.

   • After selecting “Checkout” (or a similarly named button), entering your personal details, and choosing payment and shipping terms, you will see a final order summary.

   • Before submitting the order, you have the opportunity to check and amend your details (also via the “back” function of your browser) or cancel the order.

   • By clicking the relevant button (e.g., “Order with obligation to pay,” “Buy now”), you submit a binding purchase offer.

3. You will first receive an automatic confirmation of receipt of your order by email, which does not yet constitute acceptance of the contract. Acceptance of the contract takes place within two days by confirmation of order fulfillment or dispatch (order confirmation). If no confirmation is received, you are no longer bound to your order, and any payments already made will be refunded without delay.

4. Your inquiries regarding the preparation of an individual offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you may accept within five days unless a different period is stated.

5. The processing of the order and transmission of all necessary information takes place by email, partly automated. You must ensure that the email address provided is correct and that the receipt of emails is technically possible (especially not blocked by spam filters).

§ 3 Customized Goods

1. If the order involves customized goods, you must provide the required information, texts, or files without delay after conclusion of the contract via the online order system or email. Our format specifications must be observed.

2. You undertake not to transmit any content that infringes third-party rights (e.g., copyrights, trademarks, personal rights) or violates applicable law. You indemnify us from all claims by third parties in this context, including the necessary costs of legal defense.

3. We do not review the transmitted data for accuracy and accept no liability for errors resulting from incorrect information provided by you.

§ 4 Right of Retention, Reservation of Title

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

2. The goods remain our property until full payment of the purchase price.

3. For entrepreneurs, the following applies additionally:
   a) We retain ownership of the goods until all claims from the business relationship have been settled.
   b) You may resell goods in the ordinary course of business; claims arising from resale are hereby assigned to us.
   c) If goods subject to retention of title are combined with other items, we acquire co-ownership proportionate to the invoice value.
   d) We undertake to release securities at your request insofar as the realizable value exceeds the secured claims by more than 10%.

§ 5 Warranty

1. Statutory warranty rights apply.

2. Consumers 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. Failure to do so does not affect statutory claims.

3. Deviations from the objective requirements of the goods are only deemed agreed if disclosed before conclusion of contract and expressly confirmed.

4. For entrepreneurs, the following applies additionally:
   a) Only our own specifications and the manufacturer’s product description are contractually binding.
   b) In case of defects, we provide warranty either by repair or replacement, at our discretion. After two failed attempts, you may request a reduction in price or withdraw from the contract.
   c) The warranty period is one year from delivery, except in cases of intent, gross negligence, fraud, or personal injury.

§ 6 Governing Law, Place of Fulfillment, Jurisdiction

1. German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of residence is not withdrawn.

2. Place of fulfillment and jurisdiction is our registered office in Munich, if you are a merchant, legal entity under public law, or have no general place of jurisdiction in Germany/EU.

3. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

II. Customer Information

1. Seller Identity
   Maria Alicia Garza Ramos de Gündogdu
   Gmunder Str. 35A
   81379 Munich
   Germany
   Phone: +49 (0)89 1592 366 95
   Email: breathe@aliciagarza.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

1. Conclusion of Contract
   The technical steps leading to the conclusion of the contract, the conclusion itself, and the correction options are governed by the provisions outlined in §2 of these Terms and Conditions.

2. Contract Language, Contract Text Storage

• The contract language is German.

• We do not store the full contract text. Before submitting the order, you may print or save the contract data via your browser. After submission, you will receive all essential information again by email.

1. Codes of Conduct
   We adhere to the quality criteria of the Händlerbund Management AG Buyer’s Seal, available at: Käufersiegel Certification Criteria.

2. Essential Characteristics of Goods or Services
   The main features of the goods or services are described in the respective offer.

3. Prices and Payment

• All prices include statutory VAT and shipping costs (unless otherwise stated).

• Payment methods are displayed in the online shop and at checkout.

• Payments are due immediately unless otherwise stated.

1. Delivery Conditions

• Delivery terms, dates, and restrictions are shown in the relevant product listing.

• For consumers, the risk of accidental loss passes only upon handover, regardless of shipping method. For entrepreneurs, risk passes upon dispatch.

1. Statutory Warranty
   Warranty rights follow the rules in §5 of these Terms and Conditions.

Last updated: 22 October 2024