Användarvillkor
General Terms and Conditions with Customer Information
Table of Contents
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Scope
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Terms
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Applicable Law
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Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of TravellaBag, operating under "travellabag.com" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the Seller’s integrated online order form. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days:
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by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
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by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
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by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the submission of the offer by the Customer and ends with the expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects the payment method “PayPal Express,” payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the application of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or — if the Customer does not have a PayPal account — under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting “PayPal Express” as the payment method during the online ordering process, the Customer also issues a payment order to PayPal by clicking the button concluding the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the order button.
2.5 When placing an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer after submitting their order in text form (e.g. email, fax, or letter). Beyond this, the Seller does not make the contract text accessible.
2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties engaged by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is contained in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.
4.3 If payment is made via a PayPal payment method, the transaction is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or under the conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.4 If a payment method offered via "Shopify Payments" is selected, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The payment methods available via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing, which may be subject to special conditions, to which the Customer may be separately referred. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 Delivery of goods is made to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive. In the case of PayPal payment, the delivery address stored with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of delivery if the Customer effectively exercises their right of withdrawal. With respect to return costs, the provisions of the Seller’s withdrawal policy apply.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, ownership of the delivered goods remains with the Seller until full payment of the purchase price owed has been made.
7) Liability for Defects (Warranty)
7.1 If the purchased goods are defective, statutory liability for defects applies.
7.2 The Customer is requested to report goods with obvious transport damage to the carrier and to inform the Seller thereof. If the Customer does not comply, this has no effect on their statutory or contractual claims for defects.
8) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.