General terms and conditions of business

General Terms and Conditions and Customer Information

I. General Terms and Conditions
§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a sole proprietor via the website www.orangecherie.com or www.orangecherie.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions will be rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract
(1) The object of the contract is the sale of goods.

(2) Already by placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as a payment method, you will either be led to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If a redirection to the respective instant payment system takes place, you make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review, change (also via the "back" function of the Internet browser) or cancel the order in the order overview.
By sending the order via the corresponding button ("buy" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the creation of an offer are non-binding for you. We will make a binding offer in text form (e.g. by e-mail) which you can accept within 5 days (unless another deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address stored by you with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

 

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 Warranty
(1) Statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the shipping service provider of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies deviating from the above warranty regulations:
a) Only our own statements and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the movement corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- for damages culpably caused by us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;

- for statutory recourse claims that you have against us in connection with defect rights.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's usual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or usual residence is unknown at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

II. Customer Information

1. Identity of the Seller

OrangeCherie // Julia Huth (sole proprietor), Buchenhain 10, 63776 Daxberg
Germany
Phone: 004915773857131
Email: hello@orangecherie.com

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at

https://ec.europa.eu/odr and https://ec.europa.eu/consumers/odr

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the

order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or electronically save.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Trademark Law

OrangeCherie® is a registered trademark in the European Union. The use, reproduction or imitation of the brand name, logo or other brand-related elements (color combinations, slogans) is not permitted and will result in legal consequences, unless written permission has been obtained.