Terms of service
Terms of Service
§ 1 - provider, involvement of the terms and conditions
(1) Provider and contractual partner for the goods presented in our online shop "www.ecardilly.de" is Anja Wagner - Ecardilly, on the Pfaffenmauer 37, 60388 Frankfurt, telephone 06109249212, e-mail Wagner@ecardilly.de (hereinafter short "provider ").
(2) These general terms and conditions are part of any contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer will be contradicted.
§ 2 - Product offer and contract
(1) The provider offers the items presented in this online store for sale. The color representation of the articles on the website can vary slightly depending on the Internet browser used and monitor settings of the customer; These deviations are technically never completely avoidable. Goods selection, conclusion of the contract and the contract are carried out in German.
(2) For the goods presented in the shop, the provider gives off a binding purchase offer. With the dispatch of the order request via the button "Buy", the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(3) Before accepting the purchase offer, the customer will see an overview of the data collected for his order including the essential characteristics of the goods. The customer has the opportunity to check the data for possible input errors and, if necessary, to return one or more steps in the ordering process to change the data or cancel the order overall.
(4) The provider sends the customer to the customer after conclusion of the contract the content of the completed contract (contract text) by e-mail. At the same time, the provider saves the contract text in its electronic data processing. Since the customer has no access, it is the responsibility of the customer to keep the e-mail with the contract text in your own interest.
§ 3 - prices and payment
(1) All product prices are intended for total prices. The charges contain the statutory sales tax.
(2) Information about the shipping costs can be found in the respective product description.
(3) To pay his purchasing, the customer can use the following payment methods: Payment in advance by bank transfer, PayPal, Shopify Pay.
(4) For prepayment orders, a payment period of one week from receipt of the contract confirmation applies. The provider returns the desired goods during the duration of the payment period for the customer. The provider reserves the right to withdraw from the contract and to sell the goods otherwise if the payment has not been effected on time.
§ 4 - Shipping and delivery time
(1) Information about the delivery time can be found in the respective product description. An indication in days refers to the period from payment by the customer to the delivery of the delivery.
(2) Several products ordered simultaneously be delivered in a joint broadcast; It applies to the joint shipment the delivery time of the product with the longest delivery time. If the customer wishes the delivery of a specific product with shorter delivery time in advance, he must order this product separately.
(3) If a delivery fails because the customer has specified the delivery address incorrect or incomplete, a renewed delivery attempt is only if the customer takes over the immediate costs of re-shipment.
(4) The above paragraphs do not apply to digital content provided by e-mail or for download.
§ 5 - Digital Content
(1) A product that provides the provider as a digital content by e-mail or download is not postalized.
(2) If the customer expressly demands as a consumer that the contract is carried out already before the expiration of the cancellation period, and he confirms that thereby his right of withdrawal is expires, the provider will provide the digital content immediately after payment. Otherwise, the provider provides a consumer to digital content only after expiry of the cancellation period.
(3) The reception of digital content presupposes that the customer has an internet connection. The provider points out that the customer's network operator can charge fees for data reception to which the provider has no influence.
§ 6 usage rights
By buying the customer acquires the simple, non-transferable, spatially and temporally unrestricted right, the purchased products for exclusively personal and private use, non-commercial purposes as they often often save, copy or view. Acquired products may be copied to various local storage devices, burned to disks and exclusively used privately. Any further use goes beyond the given rights is not permitted. A commercial use and dissemination of the products is not permitted. Saving and setting acquired products in data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (URHG) in its respective version. All rights of the authors at the protected works included on the website remain reserved.
§ 7 - Consumer Right of withdrawal
(1) A customer who buys as a consumer is a right of withdrawal in accordance with the statutory conditions. Consumers is every natural person who concludes a legal transaction for purposes, which can be roughly attributed neither to their commercial nor their independent professional activity.
(2) A consumer with a constant stay outside Germany admits the provider a consumer right of withdrawal in accordance with the German prerequisites and legal consequences even if the national law of the consumer does not provide a right of withdrawal or the cancellation on a shorter deadline or a stricter form tied than according to German law .
§ 8 - Warranty (defect liability)
There are warranty claims of the customer (also referred to in defect liability rights) in accordance with the statutory provisions.
§ 9 - Templates of the customer, legalary
(1) A customer who provides the provider for the manufacture of an article templates (eg logos, photos, drawings or text), guarantees the provider to have all the rights to the templates required for the execution of the contract, and admits them to the provider of fulfillment his contractual performance.
(2) The customer releases the provider of all claims that gives a third party against the provider because of the violation of copyright or personality rights, brand, design or other commercial protection. The exemption claim also includes any necessary costs of the provider for the claim check and legal defense.
§ 10 - Templates of the provider, duplication
The provider allows the duplication, distribution and public reproduction of the work. At the same time, however, the customer must not use the work for commercial purposes - unless the provider will be contacted and appreciates separately.
§ 11 - extrajudicial dispute resolution
(1) For extrajudicial settlement of disputes arising from a distance contract with a consumer, the EU Commission has set up an online dispute platform ("OS platform") https://ec.europa.eu/consumers/odr.
(2) Apart from the OS platform, consumers can address the following arbitration board: General consumer estimate of the Center for Schlichtung E.V., Strasbourger Straße 8, 77694 Kehl on the Rhine, www.verusmaker-schlichter.de, E-Mail: firstname.lastname@example.org, Telephone (07851) 7957940.
(3) If a consumer requests a settlement, the provider is happy to participate in an extrajudicial consumer dispute resolution procedure.
§ 12 - Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. However, the German law does not apply to consumers with constant stay abroad, as far as the national law of the consumer contains regulations, of which at the expense of the consumer can not be deviated from contract.
(2) If individual provisions of these General Terms and Conditions prove to be ineffective or impracticable, this does not affect the effectiveness of the remaining provisions.