General Terms and Conditions (AGB)

1. scope of application and operator information

1.1.  These General Terms and Conditions (hereinafter "GTC") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes via the website of the online shop "www.rainbow-wool.shop".

1.2.  IDEAL-ALPHA GmbH (hereinafter "Seller"), is the contractual partner of the customer for the purchase of the goods or services offered.

1.3.  A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.4.  An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

 

2.     Conclusion of contract

2.1.  The product descriptions contained in the online shop do not constitute binding offers, but are intended for the submission of a binding offer by the customer.

2.2.  The customer can submit the offer via the order form integrated into the online shop. After selecting the goods in the shopping basket and completing the order process by clicking the "Order with obligation to pay" button, the customer submits a binding purchase offer.

2.3.  The contract is concluded when the seller accepts the customer's offer by sending an order confirmation by e-mail or by delivering the goods. If the seller does not accept the offer, the customer is no longer bound by his offer.

2.4.  If a payment method offered by PayPal is selected, payment shall be 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"), subject to 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 - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process

 

3.     Right of cancellation

3.1.  Consumers have the right to cancel the contract within 14 days without giving any reason. Further information and the cancellation form can be found in our separate cancellation policy.

3.2.  The customer shall bear the costs of returning the goods unless the seller has agreed to bear these costs.

 

4.     Prices and terms of payment

4.1.  The prices stated in the online shop are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

The following payment methods are available:

• PayPal: Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

·        Credit card (Visa, Mastercard, Amex), Google Pay, Apple Pay, Klarna:
These payment methods are processed via the payment service provider Stripe. The Stripe terms of use and the respective terms and conditions of the payment providers apply, which can be viewed at https://stripe.com/de/legal and on the websites of the respective payment providers.

 

4.2.  The seller reserves the right to exclude individual payment methods for certain order volumes or if the result of a credit check is negative.

4.3.  If payment is not made within the agreed period of 14 days, the seller reserves the right to charge interest on arrears and reminder fees.

5.     Delivery and dispatch conditions

5.1.  Delivery shall be made to the delivery address specified by the customer within the delivery area defined by the seller. The delivery address specified in the order processing is decisive.

5.2.  5.2 If delivery cannot be made for reasons for which the customer is responsible, the customer shall bear the costs incurred as a result. This does not apply if the customer effectively exercises his right of cancellation.

5.3.  The risk of accidental loss and accidental deterioration of the goods shall pass to consumers upon handover to the customer or a person authorised to receive the goods. In the case of entrepreneurs, the transfer of risk takes place when the goods are handed over to the carrier or another person authorised to dispatch the goods.

5.4.  If an item is not available although a corresponding covering transaction has been concluded with a supplier, the seller reserves the right to withdraw from the contract. In this case, the customer will be informed immediately and any payment already made will be refunded.

5.5.  It is not possible to collect the goods yourself.

 

6.     Retention of title

The seller retains title to the delivered goods until the purchase price has been paid in full.

 

7.     Liability for defects (warranty)

7.1.  The statutory liability for defects shall apply, unless otherwise stated in the following provisions. The seller assumes responsibility for all claims arising from the statutory warranty.

7.2.  Insofar as a manufacturer of the goods grants a voluntary guarantee, this remains unaffected by the statutory warranty rights. Claims arising from such a guarantee are directed exclusively against the manufacturer, unless otherwise stated.

 

7.3.  The above limitations of liability and shortened deadlines do not apply:

·        for claims for damages and reimbursement of expenses by the customer,

·        in the event of fraudulent concealment of a defect by the seller,

·        for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,

·        for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

 

7.4.  If the customer acts as an entrepreneur, the following provisions shall apply:

·        The seller has the choice of the type of subsequent fulfilment.

·        For new goods, the limitation period for defects is one year from delivery of the goods.

·        In the case of used goods, rights and claims due to defects are excluded.

·        The limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

 

7.5.  If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

 

7.6.  If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this request, this has no effect on his legal or contractual claims for defects.

 

8.     Liability

 

8.1.  The seller is liable without limitation:

·        in the event of intent or gross negligence,

·        in the event of wilful or negligent injury to life, limb or health,

·        on the basis of a guarantee promise, unless otherwise agreed,

·        due to mandatory liability such as under the Product Liability Act.

 

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8.2.  If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3.  Any further liability of the seller is excluded.

8.4.  The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

 

9.     Redemption of promotional vouchers

Vouchers issued as part of promotional campaigns can only be redeemed in the online shop and only during the specified period. The value of the voucher will not be paid out in cash.

 

10.  Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

 

11.  Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.

 

12.  Alternative dispute resolution

12.1.                The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

13.  Special conditions for auctions

 

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13.1.  Scope of application for auctions - This section of the GTC applies exclusively to the use of the auction function on www.rainbow-wool.shop and the resulting contractual relationships between the seller and the customer in the context of an auction.

 

13.2.  Auction procedure - Participation in an auction takes place by placing a bid. By placing a bid, the customer makes a binding offer to purchase the product at the price offered. A bid is binding and cannot be cancelled by the customer.

 

13.3.  Conclusion of contract for auctions - A contract is concluded as soon as the auction ends and the customer has placed the highest bid. The seller reserves the right to end an auction without accepting a bid if no satisfactory bid is received.

 

13.4.  Right of cancellation for auctions - The statutory right of cancellation for distance selling contracts is limited for auctions, as the submission of a bid is to be understood as a binding offer. A right of cancellation therefore only exists for items that fall under the statutory right of cancellation. The customer can contact the seller if they have individual questions about cancellation.

 

13.5.  Terms of payment and due date for auctions - The customer undertakes to pay the auction bid within 5 working days of receiving the request for payment. The payment modalities are based on the conditions defined in section 4.

 

13.6.  Transfer of ownership and dispatch - Ownership of the auctioned goods is transferred to the customer after full payment of the purchase price. The terms of delivery and despatch correspond to section 5 of these GTC.

 

13.7.  Liability and liability for defects - The statutory liability for defects in accordance with Section 7 of these GTC applies to the auctioned goods. Further claims are excluded unless the seller acts wilfully or with gross negligence.

 

13.8.  Behaviour when placing bids and technical problems - The seller is not liable for technical faults that could affect the placing of bids. Customers are advised to place bids in good time in order to avoid any technical problems.

 

 

14.  Additional Terms for U.S. Customers

 

14.1.  These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
Any disputes arising out of or in connection with these Terms shall be resolved before the competent courts in Berlin, Germany, unless otherwise required by mandatory law.
You agree to waive any right to participate in class actions or class-wide arbitration.

15.  Digital Products and Symbolic Services

 

15.1.  The adoption certificates offered on this website are symbolic in nature and do not constitute legal ownership or rights over any animal.

These digital products are delivered electronically and are considered fulfilled upon transmission.

Due to the nature of digital goods, no right of cancellation or refund applies once the certificate has been issued, unless required by applicable law.

The customer acknowledges that the emotional or symbolic value of the certificate does not imply any legal claim or entitlement.

 

16.  Disclaimer for Symbolic Services

 

16.1.  The Seller shall not be liable for any emotional, symbolic, or perceived impact of the digital adoption certificates. These are intended for personal use and symbolic support only.

 

17.  Cancellation Rights for U.S. Customers

 

17.1.  For U.S. customers, the right of cancellation does not apply to digital products that are delivered immediately and are not returnable by nature. This includes symbolic adoption certificates.