§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Camilla Leske, Saraswati by Shanila, Kopernikusstraße, 10245 Berlin, Germany, Phone: +49 (0) 175 4883254, E-mail: shop@shanila.de) via the website www.shanila.de. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
(3) Customers within the meaning of these terms and conditions are exclusively consumers.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows: the products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.
If you use an instant payment system (e.g. PayPal/ PayPal Express) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview. Before submitting the order, you have the option once more to review or change (you may also use the "Back" button of your web browser) any information on the order summary page, or to cancel the purchase. By submitting the order via the corresponding button (“purchase” or similar description) you are declaring a legally binding offer of contract for the goods in the shopping cart.
(4) We can accept your offer within 5 days by the following means - depending on which occurs first:
- sending you an order confirmation (in this case the receipt of the order confirmation by you is decisive), or
- delivering the ordered goods (in this case the receipt of the goods by you is decisive), or
- send you a request for payment after you have placed your order.
The period for the acceptance of your offer begins on the day after the sending of the offer and ends with the expiry of the fifth day following the sending of your offer. If we do not accept your offer within this period, this shall be deemed to be a rejection of your offer; you shall then no longer be bound by your declaration of intent.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 6 Right of revocation
(1) Consumers shall generally have a right of withdrawal. Entrepreneurs, however, are not granted a voluntary right of withdrawal.
(2) More detailed information on the right of withdrawal can be found in our return policy, which can be found under the corresponding menu item.
(3) The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
1. Identity of the Seller
Camilla Leske
Saraswati by Shanila
Kopernikusstraße 21, 10245 Berlin
Germany
Phone: +49 (0) 175 4883254
E-mail: shop@shanila.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under: https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (Part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English or German.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online-shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via e-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, so do the shipping costs. They include all the price components, including all potentially coccuring taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our Standard Business Terms (Part I.).
Status as of 11/2024
