Terms and conditions
1. scope of application
The following General Terms and Conditions apply to all contracts, deliveries and other services between
CIRKEL Design UG
Legally represented by Managing Director Paula Knorr
Tax number: 223/5816/9100
Trade register: HRB 49893
and you, the customer.
We hereby expressly object to any deviating terms and conditions of the contractual partner, unless we have expressly agreed to such terms and conditions.
2. Conclusion of contract
2.1 Our offers are subject to change and are subject to availability. Small deviations and technical changes compared to our illustrations or descriptions are possible, insofar as this is reasonable for the customer.
2.2 By clicking the “Buy” button, you place a binding order (offer within the meaning of § 145 BGB) for the goods contained in the shopping basket. The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order.
3. Text of the contract
Your individual contract data will be stored as part of the order. The order data entered during your order will be sent to you by e-mail in the order confirmation. You can view the general terms and conditions at any time at www.cirkelliving.com. If you have registered when placing an order, you also have the option of retrieving the data you entered when placing the order at www.cirkelliving.com under “My account”.
4. Delivery and payment
4.1 All prices are inclusive of statutory VAT and packaging plus shipping costs and any applicable customs duties (only for delivery to non-EU countries).
4.2 Delivery is made against payment in advance, PayPal, credit card (Mastercard and Visa) and Sofortüberweisung (Germany and Austria only). The payment amount is due within five days after conclusion of the contract. The payment amount must be transferred to our account.
FIDOR Bank AG
Germany If you pay by credit card, your account will be debited at the earliest when the goods are dispatched.
4.3 If you are in default with your payment, we may claim default interest at the statutory rate. However, you shall be permitted to prove to the contrary that we have suffered less damage or no damage at all as a result of the delay than that claimed by us. Delivery is ex warehouse to the address specified by the purchaser.
4.4 The goods will be dispatched within approximately two working days. Delays can either be found on the product page or we will inform you by e-mail or telephone. We reserve the right to make a partial delivery if this appears advantageous for a speedy processing and if this is reasonable for you. Any subsequent deliveries resulting from this are free of freight charges for you. Delivery by us is subject to correct and timely delivery by our suppliers. If our suppliers do not supply us with the ordered goods despite contractual obligation, we are entitled to withdraw from the contract with the customer. In this case, we will inform the customer immediately that the ordered goods are not available. Any purchase price already paid by the customer will be refunded immediately. The aforementioned right of withdrawal shall only apply to us if we are not responsible for the impediment to performance.
4.5 The shipping costs within Germany are usually € 5.90. The shipping costs to Austria are usually € 13.90. All other countries are calculated individually.
When shipping to non-EU countries (e.g. Switzerland), customs duties may be incurred by the recipient. Bitte informieren Sie sich diesbezüglich bei Ihrer zuständigen Zollbehörde.
5. Right of withdrawal
Only consumers have the following statutory right of withdrawal:
You have the right to cancel this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must send us
CIRKEL DESIGN UG
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached withdrawal form for this purpose. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.
For this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment 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 no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
The right of withdrawaldoes not apply to goods that are made to customer specifications (e.g. custom-made products and engravings), as well as magazines, unsealed data carriers (e.g. CDs) and unsealed hygiene products (e.g. contact lenses).
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
CIRKEL DESIGN UG
-I/we () hereby revoke the contract concluded by me/us() for the purchase of the following goods () / the provision of the following service ()
-Ordered on () / Received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
All goods from our shop are subject to statutory warranty rights.
Transport damage visible from the outside must be claimed immediately upon receipt of the goods by the supplier: You can refuse acceptance or accept the goods only with reservations and note this on the delivery note. Inform us immediately about any transport damage found.
Concealed transport damage (i.e. damage that cannot be seen from the outside) and defects must be reported in writing within 7 days.
The goods remain the property of CIRKEL Design UG until payment has been made in full.
9.1Insofar as claims for damages are asserted against us, we shall be liable for intent or gross negligence, including the intent or gross negligence of our legal representatives or vicarious agents. In other cases, except in the case of intent or gross negligence, our liability shall be limited to the foreseeable damage typically occurring at the time of conclusion of the contract.
9.2 We shall only be liable for slight negligence if we breach an obligation, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
9.3 Unless otherwise stated above, liability is excluded.
9.4 Liability under the Product Liability Act remains unaffected (§§ 1, 14 Product Liability Act).
9.5All the aforementioned exclusions and/or limitations of liability do not apply to damage to life, limb and health of persons.
10. Anwendbares Recht
This contract is subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.