General terms and conditions

§ 1 – Provider, inclusion of the GTC

(1) The provider and contractual partner for the goods presented in our online store "www.ecardilly.com" is Anja Wagner - ZWEIPUNKTNEUN, An der Pfaffenmauer 37, 60388 Frankfurt, Germany, telephone 06109249212, e-mail wagner@zweipunktneun.de (hereinafter referred to as "Provider").

(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are contradicted.

§ 2 – Offer of goods and conclusion of contract

(1) The provider offers the goods displayed in this online store for purchase. The color representation of the goods on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations are technically never completely avoidable. The selection of goods, conclusion of the contract and the execution of the contract shall be in German.

(2) For the goods displayed in the store, the provider makes a binding offer to purchase. By sending 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 the purchase offer is accepted, the customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. The customer has the opportunity at this point to check the data for possible input errors and, if necessary, to go back one or more steps in the order process to change the data or cancel the order altogether.

(4) After the conclusion of the contract, the Provider shall send the Customer the content of the concluded contract (contract text) by e-mail. At the same time, the Provider shall store the text of the contract in its electronic data processing system. Since the customer does not have access to this, it is the customer's responsibility to keep the e-mail with the contract text in his own interest.

§ 3 – Prices and payment

(1) All prices of goods are total prices plus shipping costs. The charges include the statutory value added tax.

(2) Information on shipping costs can be found in the respective description of goods.

(3) To pay for his purchase, the customer can use the following payment methods: PayPal, Shopify Pay.

(4) For advance payment orders, a payment period of one week from receipt of the contract confirmation applies. The provider puts the desired goods on hold for the customer for the duration of the payment period. The provider reserves the right to withdraw from the contract and sell the goods elsewhere if the payment has not been effected in due time.

§ 4 – Shipping and delivery time

(1) Information on the delivery time can be found in the respective description of the goods. An indication in days refers to the period of time from the payment by the customer to the delivery of the shipment.

(2) Several goods ordered at the same time shall be delivered in a joint shipment; the delivery time of the goods with the longest delivery time shall apply to the joint shipment. If the Customer wishes the delivery of a particular product with a shorter delivery time in advance, he must order this product separately.

(3) If a delivery fails because the customer has provided the delivery address incorrectly or incompletely, a new delivery attempt shall only be made if the customer bears the direct costs of the new shipment.

(4) The preceding paragraphs do not apply to digital content provided by e-mail or for download.

§ 5 – Digital content

(1) Digital content that the Provider makes available by e-mail or download shall not be sent by post.

(2) If the customer, as a consumer, expressly requests that the contract be executed before the expiration of the withdrawal period and confirms that his right of withdrawal thereby expires, the provider shall provide the digital content immediately after payment. Otherwise, the provider shall not provide the digital content to a consumer until after the expiry of the withdrawal period.

(3) The receipt of digital content individually composes that the customer has an internet connection. The Provider points out that the Customer's network operator may charge fees for data reception over which the Provider has no control.

§ 6 Rights of use

By purchasing, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy or view the purchased products for exclusively personal and private use, not for commercial purposes, as often as desired. Purchased products may be copied to various local storage devices, burned to data carriers and used exclusively for private purposes. Any further use beyond the granted rights is not allowed. Commercial use and distribution of the products is not permitted. The saving and placing of purchased 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 current version. All rights of the authors to the protected works contained on the website are reserved.

 

§ 7 – Consumer right of withdrawal

(1) A customer who purchases as a consumer shall be entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

(2) A consumer with permanent residence outside Germany shall be granted a consumer right of revocation in accordance with the German conditions and legal consequences even if the consumer's national law does not provide for a right of revocation or links the revocation to a shorter period or to a stricter form than under German law.

§ 8 – Warranty (liability for defects)

The customer shall have warranty claims (also referred to as liability for defects) in accordance with the statutory provisions.

§ 9 – Templates of the customer, guarantee of rights

(1) A Customer who provides the Provider with templates (e.g. logos, photos, drawings or text) for the production of an article guarantees the Provider to have all rights to the templates required for the performance of the contract and grants these to the Provider for the performance of its contractual service.

(2) The Customer shall indemnify the Provider against all claims asserted by a third party against the Provider due to the infringement of copyrights or personal rights, trademark rights, design rights or other industrial property rights. The claim for indemnification also includes any necessary costs incurred by the Provider for the examination of the claim and legal defense.

§ 10 – Templates of the provider, duplication

The provider allows the reproduction, distribution and public reproduction of the work. At the same time, however, the customer may not use the work for commercial purposes - unless the provider is contacted herezug and agrees separately.

§ 11 – Out-of-court dispute resolution

(1) For the out-of-court settlement of disputes arising from a distance contract with a consumer, the EU Commission has established an online dispute resolution platform ("ODR platform") at https://ec.europa.eu/consumers/odr.

(2) In addition to the OS platform, consumers may contact the following dispute resolution body: General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, e-mail: mail@verbraucher-schlichter.de, telephone (07851) 7957940.

(3) If a consumer requests arbitration, the provider is happy to participate in an out-of-court consumer dispute resolution procedure.

§ 12 – Final provisions

(1) 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. However, German law shall not apply to consumers with permanent residence abroad insofar as the consumer's national law contains provisions from which the consumer cannot deviate by contract.

(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.