table of contents

1. scope
2. conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. retention of title
7. Mliability for defects (warranty)
8. liability
9. Redemption of promotional vouchers
10. Redeeming Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of Maximiliane Hebborn-Ravikumaran, trading under "Poppeditzje" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de /webapps /mpp /ua /privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7The German language is available for the conclusion of the contract.

2.8Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2For deliveries in LFor countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4If you select a payment method offered via the "PayPal" payment service, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which they make advance payments to the customer (e.g., purchase on account or installment payments), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and remittances or credit notes.

4.5If the "Instant Transfer" payment method is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Instant Transfer," the customer must have an online banking account activated for participation in "Instant Transfer," provide appropriate identification during the payment process, and confirm the payment order. Klarna will process the payment transaction immediately thereafter, and debit the customer's bank account. Further information on the "Instant Transfer" payment method can be found online at https://www.klarna.com/immediately / retrieve.

4.6When selecting a payment method offered through the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal /terms-payments-de available.

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified by the seller during order processing is decisive for the processing of the transaction.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3If the customer is a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods.Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the freight forwarder, the freight carrier or the other person responsible for the execution; person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller provides the customer with this person or institution has not previously named.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

5.6Vouchers are provided to the customer as follows:

• per Download
• by E-Mail
• postal

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Mliability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of the statutory Mliability for defects. The following applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• For new goods, the limitation period for MWarranty rights one year from delivery of the goods;
• For used goods, the Mfishing rights excluded;
• The limitation period does not start again if, within the framework of the Mliability for defects, a replacement delivery will be made.

7.2The limitations of liability and shortening of time limits set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4If the customer acts as a merchant i.S.d. Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial obligation to inspect and notify defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5If the customer acts as a consumer, he is requested to complain to the deliverer about any goods with obvious transport damage and to inform the seller. Failure to do so will have no effect on his legal or contractual rights. Mclaims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1The seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise provided,
• due to mandatory liability such as under the Product Liability Act.

8.2If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.

8.3Otherwise, the seller’s liability is excluded.

8.4The above liability provisions also apply with regard to the seller’s liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4Multiple promotional vouchers can be redeemed in one order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

9.7The balance of a promotional voucher will not be paid out in cash or bear interest.

9.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9The promotional voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

10) Redeeming Gift Certificates

10.1Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

10.2Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

10.3Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.

10.4Only one gift voucher can be redeemed per order.

10.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

10.7The balance of a gift voucher will not be paid out in cash or accrue interest.

10.8The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.