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Conditions

General terms and conditions of business

TABLE OF CONTENTS

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redeeming promotional vouchers
  9. Redemption of gift vouchers
  10. Applicable Law
  11. Place of jurisdiction
  12. Alternative dispute resolution

1) SCOPE

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Izanami GbR (hereinafter referred to as “Seller”) apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding all goods and/or services presented in the Seller's online shop. The inclusion of the customer's own conditions is hereby objected to, unless other conditions have been agreed.

1.2 These terms and conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

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

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An 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 their commercial or independent professional activity.

1.5 Digital content within the meaning of these General Terms and Conditions is all data that is not available on a material medium, is produced in digital form and is made available by the seller by granting certain usage rights, which are precisely defined in these General Terms and Conditions.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions in the seller's online shop do not represent binding offers on the part of the seller, but only serve the purpose of making a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. To do this, the customer places the selected goods and/or services in the virtual shopping cart and goes through the ordering process. By clicking on the button that completes the ordering process, the customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart.

2.3 The seller can accept the customer's offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email); The decisive factor in this respect is the time at which the customer receives the order confirmation or when the ordered goods are handed over to the customer; What is relevant in this respect is the time at which the customer receives the goods or when he asks the customer to pay after placing his order. If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 result that the customer is no longer bound by his declaration of intent.

2.4 If the customer chooses “PayPal Express” as the payment method, payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). PayPal's terms of use apply, which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE. If the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US . If the customer chooses the payment method “PayPal Express”, he also submits a payment order to PayPal by completing the ordering process. In this case, the seller declares his offer at the time the customer completes the payment process.

2.5 If the customer chooses the payment method “Amazon Payments”, the payment is processed via the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”). If the customer chooses “Amazon Payments” as the payment method during the online ordering process, he also submits a payment order to Amazon by completing the ordering process. In this case, the seller declares his offer at the time the customer completes the payment process.

2.6 When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a customer account in the seller's online shop before sending his order, the order data will be stored on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify input errors by carefully reading the information displayed on the screen. Using the browser's magnification feature to enlarge what is displayed on the screen can be an effective way to better detect input errors. The customer can correct all data entered during the electronic ordering process using the usual keyboard and mouse function until he clicks on the button to submit the order.

2.8 Only German and English are available for concluding the contract.

3) RIGHT TO WITHDRAW
3.1 Consumers have the right to withdraw.
3.2 Detailed information on the right of withdrawal can be found in the seller's cancellation policy.

4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices are total prices including statutory sales tax. Delivery costs, if applicable, are stated separately in the respective product description.
4.2 Payment can be made using one of the methods listed in the Seller's online shop.
4.3 If you choose the credit card payment method, the invoice amount is due immediately after conclusion of the contract. Payment by credit card is made in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the check results are negative.
4.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") in accordance with the PayPal terms and conditions. Terms of use, which can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In the event that the customer does not have a PayPal account, the conditions for payments without a PayPal account apply. These can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.5 If you select a payment method that is offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter " Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, of which the customer will be specifically informed. For more information about Shopify Payments, visit https://www.shopify.com/payments.
4.6 If the payment method “Sofortüberweisung” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account that is activated for participation in “Sofortüberweisung”. In addition, during the payment process he must have the appropriate login information and confirm the payment order to SOFORT. The payment transaction will be carried out immediately afterwards and the customer's bank account will be debited accordingly. Further information about the “Sofortüberweisung” payment method can be found at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

5) SHIPPING AND DELIVERY TERMS

5.1 The goods are usually delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. During the transaction process, the delivery address specified in the seller's ordering process is decisive.
5.2 If the contracted transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if delivery cannot take place due to circumstances beyond the customer's control or if it is temporarily impossible for him to accept the service offered, unless the seller has Customers are informed about the service well in advance.
5.3 If the customer collects the goods himself, the seller will inform the customer by email that the goods are ready for collection. After receiving the email, the customer can pick up the goods at the seller's place of business in consultation with the seller. In this case, no shipping costs will be charged.
5.4 Vouchers are made available to the customer as follows:
- by email

6) RESERVATION OF TITLE
If the seller makes advance deliveries, he reserves the right to do so
Ownership of the delivered goods remains until the full purchase price has been paid
was paid.

7) WARRANTY
7.1 If the purchased item is defective, the statutory provisions apply.
7.2 Deviating from this for used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
The shortening of the limitation period does not apply
for a product that was not used in accordance with its normal application for construction and that was the cause of the building's defects,
for claims for damages and reimbursement of expenses by the customer, and
if the seller has fraudulently concealed the defect.
7.3 The customer is asked to report any obvious transport damage to the carrier and to inform the seller accordingly. If the customer does not comply with this, this does not affect his legal or contractual claims for defects.

8) REDEMPTION OF PROMOTIONAL VOUCHERS
8.1 Vouchers that are issued free of charge by the seller as part of promotions for a specific period of validity and cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the conditions of the promotional voucher.
8.3 Only one promotional voucher can be redeemed per order.
8.4 The value of the goods should at least correspond to the value of the promotional voucher. The seller does not refund any remaining balance.
8.5 If the value of the promotional voucher is not sufficient for the order, the customer can choose one of the remaining payment methods offered by the seller to pay the difference.
8.6 The balance of the promotional voucher will not be paid out in cash and is not subject to interest.
8.7 The promotional voucher will not be redeemed if the customer, within the scope of his statutory right of withdrawal, returns goods that were paid for in full or in part with a promotional voucher.
8.8 The promotional voucher is transferable. The seller can provide the service with a discharging effect towards the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of representation rights of the respective owner.

9) REDEMPTION OF GIFT VOUCHERS
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise specified in the voucher.
9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the gift voucher was purchased. Remaining credit will be credited to the customer's voucher account.
9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
9.6 If the value of the Gift Voucher is not sufficient to cover the order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.7 The balance of the gift voucher will not be paid out in cash and is not subject to interest.
9.8 The gift voucher is transferable. The seller can provide the service with a discharging effect towards the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of representation rights of the respective owner.

10) APPLICABLE LAW
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.
10.2 With regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

11) JURISDICTION
If the customer is a merchant, a legal entity under public law or a special fund under public law, the seller's place of business is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. If the customer lives outside of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

12) ALTERNATIVE DISPUTE RESOLUTION
12.1 The European Commission provides the following link on its website: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales contracts or service contracts between consumers and retailers.
12.2 The seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
IZANAMI
We believe the dining table is a place of connection, where precious memories are created and bonds are formed. With our stoneware we want to enhance these moments by adding beauty, elegance and a touch of our personal journey.
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