Terms and Conditions

General Terms and Conditions (GTC)
Edition: Juni-19

§ 1 Scope and general information

Subject to individual agreements and arrangements which take precedence over these General Terms and Conditions, the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Supplier and the Customer. Deviating general terms and conditions or purchasing conditions of our customers shall expressly not apply, even if we do not expressly object to them.
A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his 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 his commercial or independent professional activity.
The contractual language is English.

§ 2 Conclusion of contract, ordering process

Online shop

1. All offers in our online shop are merely a non-binding invitation to our customers to submit a corresponding purchase offer to us. By sending the order from the “virtual shopping cart”, the customer places a binding order for the items contained in it. The seller will confirm the receipt of this order to the customer immediately by email. The purchase contract is only concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer’s contract offer within five working days after receipt of the order.
2. The ordering process in our online shop works as follows: The customer can select products from our assortment and collect them in a shopping cart by clicking the button “add to cart”. Via the button “continue to checkout” or “directly to PayPal”, the customer arrives at the registration. If the customer has not logged in by then, they will be given the opportunity to either log in as an already registered customer with their login data or to continue as a guest without prior login before being forwarded to the order overview page.

By clicking on the button “Place order”, the customer submits a binding application to purchase the goods in the shopping cart. Until then, the customer has the possibility to view their entries and, if necessary, to correct them after pressing the “Back” button of his browser on the previous page or to cancel the order process by leaving the page. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.

1. We will then send the customer an automatic confirmation of receipt (order confirmation) by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by us and does not constitute acceptance of the application.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject matter of the contract shall be the goods specified by the customer within the scope of the order and stated in the order/or order confirmation at the final prices stated in the shop. Errors and omissions excepted, especially with regard to the availability of goods.

(2) The quality of the ordered goods results from the product descriptions in the shop. Illustrations on the website may only represent the products inaccurately; colours in particular may vary considerably for technical reasons. Pictures are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations.

(3) If no copies of the product selected by the customer are available at the time of the customer’s order, we shall inform the customer of this in the order confirmation. If the product is permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.

(4) If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than 3 weeks, the customer has the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In this case, any payments already made by the customer will be refunded immediately.

§ 4 Prices

All prices quoted are in EUR including the applicable statutory value-added tax (currently 19 percent) without discounts and other rebates and without the costs of packaging and shipping at the time of the order. The costs for packaging and shipping are to be borne by the customer and are displayed in the shopping cart before submitting the binding order or in the shipping costs table.
The value added tax is shown on our invoices.

§ 5 Payment, shipping

(1) The customer can make the payment with the respective indicated payment methods. Unless otherwise agreed in writing, the amount is to be paid immediately in advance. A cash on delivery shipment request must be confirmed by the customer in writing (by email).

(2) The purchase price is due immediately after the conclusion of the purchase contract and is to be transferred by the customer to the account specified in the order confirmation.

(3) After dispatch of the order confirmation and receipt of the transfer amount, the goods will be dispatched immediately to the address provided by the customer, otherwise immediately after dispatch of the order confirmation. The delivery takes place to the forwarding expenses proven in each case in the offer. If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.

(4) If the customer is in default with the acceptance of the goods, they must bear the costs of a new delivery, as far as the customer is responsible for the unsuccessful first delivery and he has not made use of his right of withdrawal.

(5) The customer shall only be entitled to set-off if the counterclaim is undisputed, legally established or recognised by us. The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(6) If transport damage to the goods is detected upon delivery, the customer, who is a consumer, must immediately report the damage to the carrier (logistics partner). Other recognisable transport damages are to be asserted by the customer within 3 days after delivery opposite us in writing, so that we can assert claims as fast as possible on our part with the respective logistics partner.

§ 6 Right of withdrawal for distance contracts for consumers

Cancellation policy

If you are a consumer, you have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date,

on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has taken possession of the last goods, if you have ordered several goods within the framework of a uniform order and these are delivered separately;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces;

In order to exercise your right of withdrawal, you must send us

easy wrapped!
Owner Tobias Fahrack
Leisniger Straße 27, 01127 Dresden
E-mail: info@easy-frame.com
Tel: 0351/50079200

by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (delivery costs) (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without 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 use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post. The costs for goods that cannot be sent by parcel post are estimated at a maximum of around EUR 60. You must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Grounds for exclusion or termination

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely in the case of contracts

a) for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;

b) for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature;

c) for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back. This format is not mandatory)

To:

easy wrapped!
Owner Tobias Fahrack
Leisniger Straße 27, 01127 Dresden
E-mail: info@easy-frame.com

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in the case of notification on paper)

– Date

(*) Delete as applicable.

§ 7 Costs of return shipment in the event of revocation

If the customer makes use of their right of withdrawal of these conditions, they must bear the regular costs of the return.

§ 8 Defect rights

We shall be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular §§ 434 ff GCC (German Civil Code).
If the customer is an entrepreneur, the limitation period is limited to 1 year.

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents.

(2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, we shall be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.

(3) Essential contractual obligations in the sense of paragraph 1 are the liability for the breach of obligations, 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.

(4) The restrictions of Para. 1 and 2 shall also apply in favour of our legal representatives and our vicarious agents if claims are asserted directly against them.

(5) The provisions of the Product Liability Act shall remain unaffected.

§ 10 Consumer information in distance contracts for the purchase of goods
(1) Identity of the seller

easy wrapped!
Owner Tobias Fahrack
Leisniger Straße 27
01127 Dresden
E-mail: info@easy-frame.com

Easy-wrapped is not subject to any special codes of conduct not mentioned in the GTC.
The essential characteristics of the goods offered by easy-wrapped can be found in the individual product descriptions within the scope of the internet offer.
The languages available for the conclusion of the contract are German and English.
The liability for defects for our goods shall be governed by the statutory provisions. You can find regulations deviating from this in our general terms and conditions.
Complaints and warranty claims can be submitted to the address given in the provider identification. For information on payment, delivery or fulfilment, please refer to the offer page to correct or cancel the order process by leaving the page.
In the online shop, you first put the selected goods into the shopping cart. Once you have selected all the items you want, you can proceed to checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you must first enter your contact details. After that you have the possibility to change the shipping address. In the next step you can choose the desired method of payment and finally place your order by clicking on the button “Place order”. Until then, you have the possibility to review your entries and if necessary to correct them after pressing the “Back” button of your browser on the previous page or to cancel the order process by leaving the page.
Contract text storage in the online shop

The seller does not save the text of the contract after the conclusion of the contract and it is not accessible to the customer. However, after conclusion of the contract, we send the customer an order confirmation with all details to the email address provided by them, in which they are once again informed of all the essential data of his order, our General Terms and Conditions, the cancellation policy. The customer has the possibility to print out the general terms and conditions as well as their order with all entered data during the order process. By using the print function of their browser, they have the possibility to print out the text of the contract. They can save the text of the contract by clicking on the right mouse button to save the internet page on their computer. After completion of the order processing, the contract text is no longer accessible.

Information for consumers on out-of-court dispute resolution

Obligation to provide information pursuant to the ODR Regulation (Art. 14 Para. 1 ODR Regulation)
Link to the EU Commission’s platform for online dispute resolution:

//ec.europa.eu/consumers/odr
We are prepared to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Notes on the Packaging Ordinance

In accordance with the regulations of the German Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the symbol of a system of comprehensive disposal (such as the “Green Dot” of Duales System Deutschland AG or the “RESY” symbol) and to ensure its reuse or disposal. For further clarification on the return of such products, please contact us:

easy-wrapped!
Owner Tobias Fahrack
Leisniger Straße 27, 01127 Dresden
Tel: 0351/50079200 | E-mail: info@easy-frame.com

We will then inform you of a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us. We reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.

§ 12 Data protection

(1) Easy-wrapped! attaches great importance to the security of your personal data as well as to the compliance with data protection regulations. Easy-wrapped! only collects, processes and uses personal data if it has been transmitted with your consent. This only happens when the customer contacts us. In such cases, customer consent shall be deemed to have been given. The data received in this respect will be processed and used by us for the justification, implementation and processing of the contracts concluded via our shops as well as for the purpose of future customer support and customer care. Based on eBay’s privacy policy, the customer has already consented to eBay transmitting their name, address, email address as well as their delivery address and bank details after the offer period has expired for the purpose of processing the contract. Insofar as this is necessary for the delivery of the goods, your personal data will be passed on to the transport company commissioned with the delivery, in particular within the framework of contract processing. After complete execution of the contract, the customer’s data will be deleted within the scope of the legal obligation.

(2) The customer has the possibility at any time to request the data stored about them in the online shop under the button “Account” in his profile, to change or delete this.

§ 13 Place of performance, place of jurisdiction

The place of performance and sole place of jurisdiction for all disputes arising from and in connection with this contract shall be deemed to be our registered office in the case of contracts with merchants, legal entities under public law or special funds under public law.

§ 14 Final provisions

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.
Should one of these provisions be or become legally invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, the parties shall agree on a valid provision that comes as close as possible to the intended economic purpose.

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