Who we are
General Terms and Conditions (GTC) of Chic-Claws
§ 1 Scope, Definitions
(1) For all orders placed through our online shopwww.chic-claws.combetween the
**Chic-Claws Inhaber: ARS NOVA MEDIA GmbH
**Address: Schöne Aussicht 16
65597 Hünfelden
**Phone: 01731402121
**Email: kontakt@chic-claws.com
USt-ID: DE274874782
– im Folgenden „**Chic Claws**“ –
and the customer – hereinafter referred to as "**Online Kunden**" – are subject exclusively to the following General Terms and Conditions in the version valid at the time of the order.
(2) For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
**§ 2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) The customer can select products from our range and collect them in a virtual shopping cart using the “Add to Cart” function. By clicking the “Buy” or “Order with obligation to pay” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can view and modify the entered data at any time. The request can only be submitted and transmitted if the customer, by clicking the “Accept Terms and Conditions” button, has acknowledged and accepted these contractual conditions.
The provider immediately sends the customer an automatic e-mail confirmation listing the customer’s order (order confirmation). This e-mail does not yet constitute acceptance of the order. The purchase contract is only concluded either by an explicit order confirmation from the provider, sent in a separate e-mail (order confirmation), or by the delivery of the goods.
§ 3 Delivery, Availability of Goods
(1) Since our products are handmade unique items or small series, delivery times may vary. The estimated delivery time will be communicated to the customer before the order is placed. It begins with the issuance of the order confirmation, provided that the purchase price has been paid in advance.
(2) If a product is not available despite careful inventory management, the provider will immediately inform the customer and promptly refund any payments already made.
(3) Shipping is carried out via Deutsche Post/DHL or a comparable parcel service. The shipping risk is borne by the provider if the customer is a consumer.
**§ 4 Retention of Title**
The delivered goods remain the property of the provider until full payment has been made.
**§ 5 Prices and Shipping Costs**
(1) All prices are quoted in euros and include the statutory value added tax (VAT).
(2) Shipping costs are not included in the purchase price. They will be clearly communicated to the customer during the ordering process and must be borne by the customer unless he exercises his statutory right of withdrawal.
**§ 6 Terms of Payment**
(1) The customer may choose from the payment methods specified during the ordering process (e.g. PayPal, instant bank transfer, credit card, advance payment).
(2) For payment methods processed by third-party providers (e.g. PayPal, Stripe), the respective providers’ terms and conditions apply.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. In the case of advance payment, the invoice amount must be transferred to the specified account immediately after conclusion of the contract.
**§ 7 Warranty (Liability for Defects) and Guarantee**
(1) The statutory warranty provisions apply. For consumers, the limitation period for warranty claims is two years; for business customers, it is one year from delivery of the goods.
(2) The handcrafted nature of the products is expressly pointed out. Minor variations in shape, color, or texture compared to the product images on the website, caused by craftsmanship, do not constitute a defect but rather emphasize the unique character of the item.
(3) Additional guarantees exist only if they have been expressly granted in writing by the provider for a specific product.
**§ 8 Liability**
(1) The provider is liable without limitation for damages resulting from injury to life, body, or health, as well as in cases of intent and gross negligence.
(2) In the event of a breach of essential contractual obligations (cardinal obligations), the provider is also liable for slight negligence, but limited to the damage typically foreseeable.
(3) Liability for damages not mentioned in paragraph (1) is excluded unless they are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(4) Die Haftungsbeschränkungen gelten nicht, soweit der Anbieter eine Garantie übernommen hat oder ein Mangel arglistig verschwiegen wurde. Die Haftung nach dem Produkthaftungsgesetz bleibt unberührt.
**§ 9 Right of Withdrawal for Consumers**
*Note: This paragraph is strictly prescribed by law. It has been adapted to the new provider, and its content is legally binding.*
(1) **Instructions on the Right of Withdrawal**
**Right of Withdrawal**
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us
Chic-Claws,
Hasslocher Späti Packetshop 401
Adolf von Mänzel Straße 13 65428 Rüsselsheim
, E-mail: kontakt@chic-claws.com
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period has expired.
**Consequences of Withdrawal**
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
**You bear the direct costs of returning the goods.**
You are only liable for any diminished value of the goods if this loss in value results from handling them in a manner not necessary to ascertain the nature, characteristics, and functioning of the goods.
(2) **Exclusion of the Right of Withdrawal**
The right of withdrawal does **not** apply to contracts for the supply of goods that are not pre-manufactured and for whose production an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. **Since our nail design products are often handmade unique items or personalized according to customer requests, your right of withdrawal may expire in these cases.** For standard products (e.g. certain series nail foils), the right of withdrawal applies without restriction.
**§ 10 Final Provisions**
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance and jurisdiction for all disputes arising from this contract shall be the registered office of the provider.
(3) If one or more provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected.
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