- General terms and conditions of business
- These contractual terms and conditions apply to all contracts concluded betweenPANAMA-BERLIN
(hereinafter referred to as “Provider” or “we”) and our customers (hereinafter referred to as “Customer” or “You”) exclusively by using means of remote communication (e.g. via the Internet or by telephone). For contracts that we conclude in our offline shop (retail shop), the terms and conditions included there apply.
§ 1 Scope of application, definitions
(1) For the business relationship between the provider and the customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby contradicted.
(2) The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2: Conclusion of contract (1) The offers of PANAMA-BERLIN, Sabine Landgraf on the website are subject to change. This means that Sabine Landgraf is not obligated to perform in the event of non-availability. However, a conclusion of contract and thus a contractual commitment for the individual services is then concluded, if Sabine Landgraf has confirmed the customer’s order in text form. Sabine Landgraf is entitled to deliver goods of equivalent quality and price if the ordered goods are not available and the Customer has declared his agreement to this procedure in the order form.
§ 3: Execution of the contract Processing of orders Sabine Landgraf will process orders within 48 hours. Delivery if the ordered products are available, i.e. manufactured, Sabine Landgraf will deliver them within 14 working days after receipt of payment. Shipping costs: Shipping costs will be charged separately in the amount of the costs incurred. For shipments abroad, shipping costs will also be charged in the amount of the costs incurred. Changes, Extensions, Limitations of the Order Sabine Landgraf will answer customer inquiries in connection with orders already placed regarding changes, extensions and/or limitations of the product scope at short notice. Insofar as the customer requests a product change, extension and/or limitation up to 5 working days before the planned delivery, Sabine Landgraf will take this into account as far as possible.
§ 4: Return Policy Right of Return The customer can return the received goods without giving reasons within two weeks by sending back the goods. The period begins at the earliest upon receipt of the goods and this instruction. The timely dispatch of the goods is sufficient to comply with the time limit. The customer shall bear the costs of the return shipment. The return shipment has to be sent to: PANAMA-BERLIN- Tucholskystr. 45- 10117 Berlin- Tel: 030-27908718- Panama-Berlin@t-online. de Consequences of return in case of an effective return the mutually received benefits and any benefits (eg benefits of use). In case of a deterioration of the goods compensation can be demanded. This does not apply if the deterioration of the goods is exclusively due to their examination – as it would have been possible for the customer in a shop, for example. In addition, the customer can avoid the obligation to pay compensation by not using the goods as if they were his property and by refraining from doing anything that could impair their value. The right of return does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs. (custom-made products)
§ 5: Prices (1) The list prices at the time of the order shall apply, as they were displayed on the Internet pages. (2) The prices are ex Berlin including value added tax without costs for packaging and shipping – these are calculated and shown separately.
§ 6: Terms of Payment (1) Sabine Landgraf issues the customer with an invoice for the ordered goods, which is handed over to the customer upon delivery of the goods. Sabine Landgraf only delivers against prepayment. Deliveries abroad are only made against prepayment. (2) Prices on the invoice are always end customer prices including VAT.
§ 7: Warranty and Liability (1) The customer will notify Sabine Landgraf of any defects regarding the product and will also send the product. The warranty of the provider is based on §§ 433 ff. BGB. In business transactions, the warranty is limited to one year and Sabine Landgraf is entitled to cancel the product.
- § 8: Data protection Sabine Landgraf will observe all data protection requirements, in particular the provisions of the Teleservices Data Protection Act. All personal data that you have entered on the order pages will be collected, processed and used exclusively for the purpose of order processing and for the purpose of future customer service and maintenance by Sabine Landgraf. According to the definition of the BDSG, processing is the storage, modification, transmission, blocking and deletion of personal data. Sabine Landgraf will not pass on personal data to third parties for the purpose of advertising for other companies.
- § 9: Copyright Copyright by Sabine Landgraf. All represented works and the pages of my shop enjoy copyright protection of the § 2 Copyright Act. Imitation is – even in extracts – only allowed with the permission of Sabine Landgraf. The illustrations enjoy the protection of the §72 copyright law.
- § 10 Vouchers
(1) The object of the service is the respective voucher service in the case of vouchers. The voucher does not grant any claim to availability of the service at a certain time. A date arrangement is necessary.
(2) Vouchers cannot be combined or offset with other vouchers and are only valid for the voucher service. The payment of vouchers is excluded. A return of vouchers is – without prejudice to your legal claims and rights – not possible.
(3) Vouchers issued to specific persons are not transferable.
(4) The voucher is valid for 2 years from the date of issue.
§ 11 Retention of title
The delivered goods shall remain our property until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which we are entitled in connection with the contract have been settled.
- § Section 12 Payment
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) If the customer chooses advance payment by bank transfer, payment is due no later than 7 calendar days after conclusion of the contract. In the case of delivery on account, payment is due no later than 7 calendar days after invoicing.
(3) In the event of return debits caused by insufficient cover, the customer shall be obliged to reimburse us for the loss incurred as a result.
(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by default by the provider.
(5) The customer is only entitled to offsetting if his counterclaims have been recognised by us or have been legally established. The customer is entitled to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
§ 13 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract as well as those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(2) The limitations of the above paragraph 1 also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them and also analogously for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act as well as our liability for any guarantees assumed remain unaffected.
§ 14 Right of revocation
- The cancellation period is 14 days from day 1 In order to exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. In order to comply with the revocation period, it is sufficient that you send the notification of your decision to exercise the right of revocation before the end of the revocation period.
The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery), in the case of services not before the conclusion of the contract and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:
Consequences of withdrawal:
In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may be required to pay compensation for lost value.
This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a shop. In addition, you can avoid the obligation to pay compensation for any deterioration of the goods caused by the intended use by not using the goods as if they were your property and by refraining from doing anything that could reduce their value.
If you revoke this contract, we will have to refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) You shall reimburse us without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Special notes The right of revocation does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, nor to contracts that we conclude with entrepreneurs.
(End of the revocation instruction)
§ 15 Agreement on the costs of the return shipment
If you make use of your right of withdrawal according to § 12 of these terms and conditions, you have to bear the regular costs of the return shipment.
§ 16 Notes on data processing
(1) We collect data of the customer within the scope of the processing of contracts. We observe the regulations of the Federal Data Protection Act and Telemedia Act. Without the customer’s consent, we will therefore only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
(2) Without the consent of the customer, we will not use customer data for the purposes of advertising, market or opinion research in accordance with the statutory provisions.
(3) The text of the contract will not be stored by us and cannot be retrieved after completion of the ordering process. The customer can print out these terms and conditions and the order data before sending his order and will receive an e-mail after the order, in which the customer’s order is listed again.
§ 17 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, 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 jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.