Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

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 (Tatyana Lukiyanov) via the website https://premiumgeschenk.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly 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 stated in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your "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 "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will 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 selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of orders and the transmission of all information required for the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Individually designed goods

(1) You will 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 agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this regard. This also applies to the costs of any legal representation required in this regard.

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

§ 4 Special agreements on offered payment methods

(2) 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 invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice ; the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension .

• Installment purchase (“Financing”): Further information on installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account ; the terms and conditions for the payment option “Pay in 3 installments” can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3 .

• Direct debit (“Pay Now”)

• credit card

The use of payment methods such as invoice, installment purchase, and/or direct debit requires a positive credit check. Therefore, we will forward your data to Klarna for address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you 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/ .

(3) SEPA direct debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 5-10 days after conclusion of the contract.

The deadline for submitting the pre-notification is reduced to five days before the due date. You are responsible for ensuring that your account has sufficient funds by the due date. In the event of a returned direct debit due to your fault, you will be responsible for any applicable bank fees.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if the claims arise 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 inspect 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. Failure to do so will not affect 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 contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

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

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II. Customer information

1. Identity of the seller

Tatyana Lukiyanov
Faleska-Meinig-Str. 126
09122 Chemnitz
Germany
Phone: 0049 371 272 989 33
Email: shop@premium-geschenkideen.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 neither willing nor 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, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed out using the browser's print function or saved electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside 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. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/ kaeufersiegel-zertifizierungskriterien.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made 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 (transfer or exchange rate fees of credit institutions), which you must bear.

6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall 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.

6.5 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. 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.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

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

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

last update: November 29, 2023