General Terms and Conditions

Scope of application

My general terms and conditions apply to all contracts for the delivery of goods from my shop that you, as a consumer or entrepreneur, conclude with me (Sabrina Witteck, Asbachtal 58, 45257 Essen, Email: info@brinabellina.de).

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

My general terms and conditions apply exclusively. The application of deviating terms and conditions of customers is expressly rejected. They shall only become part of the contract if and to the extent that their application has been expressly agreed. This requirement for consent applies in every case, for example, even if I execute the contract without reservation while being aware of the conditions.


Conclusion of Contract

The presentation and advertising of goods in my shop constitutes a legally binding offer on my part to conclude a contract. You can accept this offer by selecting the desired items, adding them to your cart, going through the ordering process, and clicking the button that completes the ordering process. Alternatively, you can also accept this offer via email.


Contract Text

The contract text will be saved by me after the conclusion of the contract. I will send you the data of your order and my General Terms and Conditions (GTC) by email.

If you have created a customer account before placing your order, you will be able to view details of your order in your account after the conclusion of the contract. My general terms and conditions – in their current version – can be viewed at any time in my shop.


Contract Language

The languages available for concluding the contract are German and English.


Input Errors

You can review your entries and detect input errors at any time before submitting an order. If necessary, you can use the functions available in your browser to enlarge the display of your entries. You can correct your entries using the correction aids provided in the ordering process and make new entries using your mouse and keyboard. You can cancel the ordering process at any time before submitting an order by closing the browser.


Right of Withdrawal

If you are a consumer, you have the right of withdrawal. You can view the details of the right of withdrawal at https://brinabellina.de/en/cancellation-rights/.


Prices

The prices stated in my shop are final prices, unless otherwise stated in the description of the goods. According to § 19 UStG no VAT is charged.

If shipping or delivery costs apply, they will be separately indicated in the description of the goods.

For deliveries to countries outside the European Union, additional costs (customs duties, import taxes, fees for currency exchange and money transfers, etc.) may apply, which are to be paid by you and are not within my responsibility. Further information on customs duties and import VAT can be found, for example, at https://ec.europa.eu/taxation_customs/business/calculation-customs-duties_en, http://auskunft.ezt-online.de/ezto/Welcome.do, and http://xtares.admin.ch/tares/login/loginFormFiller.do.


Payment

The details of the payment methods can be found below.

Apple Pay
If you have chosen Apple Pay as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. The payment will be processed depending on your country of nationality by Apple Distribution International Ltd., Ireland, or another company (visible at https://www.apple.com/de/legal/internet-services/itunes/de/terms.html). Further information can be found in my shop and at https://www.apple.com/de/apple-pay/.

Google Pay
If you have chosen Google Pay as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. In the European Economic Area (EEA) and Switzerland, Google services are provided by Google Ireland Limited, Ireland. Google Ireland Limited is a subsidiary of Google LLC, United States of America. Further information can be found in my shop and at https://pay.google.com/intl/de_de/about/. The terms of use, which you can view at https://support.google.com/pay/answer/7020860?hl=de, apply.

PayPal
If you have chosen PayPal as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. The payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypal.com/de/home/. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE, apply.

PayPal (payment after 30 days)
If you have chosen PayPal Pay After 30 Days as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. The payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypal.com/de/webapps/mpp/30tage. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/pppa30d-tnc, apply. Before concluding the contract, PayPal (Europe) S.à r.l. et Cie, S.C.A. conducts a credit check to determine whether this payment method is offered to you.

PayPal Checkout
If you have chosen PayPal Pay Checkout as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. The payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypal.com/de/cshelp/article/was-ist-paypal-checkout-und-wie-funktioniert-es-help302. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE, apply.

PayPal (Invoice)
If you have chosen PayPal Invoice as the payment method, you will issue a payment instruction by clicking the button that completes the ordering process. Payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypalobjects.com/marketing/web/de/PayPal_Rechnungskauf_Informationen.pdf. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE and https://www.ratepay.com/legal-payment-terms/#ratepay-kauf-auf-rechnung, apply. I assign my payment claim to PayPal (Europe) S.à r.l. et Cie, S.C.A. PayPal (Europe) S.à r.l. et Cie, S.C.A. assigns the payment claim to Ratepay GmbH, so that payments with debt-discharging effect can only be made to Ratepay GmbH. Before the contract is concluded, Ratepay GmbH conducts a credit check to decide whether to offer you this payment method.

PayPal (credit card)
If you have chosen PayPal Credit Card as the payment method, you will issue a payment instruction by clicking the button that completes the ordering process. Payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypal.com/de/home/. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE, apply.

PayPal (Lastschrift)
If you have chosen PayPal Direct Debit as the payment method, you will issue a payment instruction by clicking the button that completes the ordering process. Payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop and at https://www.paypal.com/de/home/. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE, apply. The payment is due once you have granted a SEPA direct debit mandate and the deadline for the advance notification of the SEPA direct debit has expired. The invoice amount is due for payment after a SEPA direct debit mandate has been issued, and the deadline for pre-notification has expired. The direct debit will be collected once the deadline for pre-notification has expired.

PayPal (installment payment)
If you have chosen PayPal installment payment as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. The payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in my shop. https://www.paypal.com/de/webapps/mpp/paypal-instalments. The terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE apply. Before the conclusion of the contract, PayPal (Europe) S.à r.l. et Cie, S.C.A. conducts a credit check to determine whether this payment method will be offered to you. Further information on the terms can be found in the ordering process and at the links above.

Stripe (credit card)
If you have chosen credit card via Stripe as your payment method, you will issue a payment instruction by clicking the button that completes the ordering process. Your credit card will be charged at this time. The payment will be processed by Stripe Payments Europe, Ltd., Ireland. Stripe Payments Europe, Ltd. is a subsidiary of Stripe, Inc., United States of America. Further information can be found in my shop and at https://stripe.com/de.


Shipping

I will deliver the ordered goods to the delivery address provided by you during the ordering process.

Pickup of ordered goods is not possible.


Retention of title

If I make advance payment (for example, when purchasing on account), the delivered goods remain my property until the purchase price has been paid in full.


Warranty

The statutory rights of liability for defects apply.


Dispute Resolution

I kindly inform you that I am not willing to participate in a dispute resolution procedure before a consumer arbitration body, nor am I obliged to do so.


Choice of Law

The law of the Federal Republic of Germany shall apply, excluding the referral norms of international private law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, the mandatory provisions of the law of your habitual residence shall remain unaffected.

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