Anna Nwaada Weber
Am Pannschoppen 9
Tel.: +49 (0) 151 191 38 157
Responsible according to § 55 II RStV for editorial journalistic contents.
Complaint procedures via the OS platform: Consumers have the possibility to settle disputes out of court via this link to the European OS platform.
General Terms and Conditions
1. General and Scope of application
The following General Terms and Conditions apply to all contracts concluded between Anna Nwaada Weber, Am Pannschoppen 9, 40883 Ratingen, Germany – hereinafter referred to as “Seller” – and the Buyer for the delivery of goods by means of distance selling. The seller does not accept any terms and conditions of the buyer that contradict or deviate from these general terms and conditions and hereby expressly objects to them. Deviating general terms and conditions of the Buyer, supplementary agreements and/or collateral agreements shall only be valid if the Seller expressly consents thereto. These general terms and conditions partly contain different regulations for consumers and entrepreneurs.
According to § 13 BGB (German Civil Code), a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
According to § 14 BGB an entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
2. Offer and conclusion of contract
2.1 The website www.annanwaadaweber.com is merely an information page which potential customers can use to inform themselves about the seller’s works.
2.2 The contact between the seller and the buyer is made personally or electronically. Interested parties can ask the seller for the price of her works. The seller will then inform you in writing of the corresponding price plus shipping costs, delivery times and terms of payment (offer). The contract is concluded by written acceptance and confirmation of the conditions communicated by the buyer.
3.1 The Seller’s prices to consumers shall be inclusive of the applicable statutory value added tax.
3.2 Shipping costs shall also be incurred for the dispatch of the goods. Potential buyers will always be informed about these before the conclusion of the contract.
4.1 The customer shall also be informed of the delivery time prior to conclusion of the contract.
4.2 If the Buyer is a consumer, the Seller shall bear the shipping risk in all cases, irrespective of the mode of shipment, unless the Buyer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment to carry out the shipment, without the Seller having previously informed the Buyer of this person or institution.
4.3 If the Buyer is an entrepreneur, all risks and dangers of shipment shall pass to the Buyer as soon as the goods have been handed over by the Seller to the commissioned logistics partner.
5. Terms of payment
5.1 The following methods of payment are available to the buyer: Cash payment, bank transfer, PayPal.
5.2 Payment is due immediately upon conclusion of the contract. The dispatch takes place exclusively only after receipt of payment within 5 working days.
5.3 In case of default of payment of the buyer the legal regulations for default apply. The interest rate for a consumer is according to § 288 BGB 5% points above the base rate per anno and for an entrepreneur 9% points above the base rate per anno.
5.4 Unless counterclaims arising from the same contractual relationship are concerned, the Buyer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by the Seller.
5.5 If the Buyer is an entrepreneur, he shall not be entitled to rights of retention, insofar as these are not counterclaims from the same contractual relationship, if his asserted counterclaims are disputed by the Seller, are not legally established or are ready for decision.
5.6 After dispatch of the goods, the buyer shall receive an invoice to the invoice address stated in the order. It is the buyer’s responsibility to check the correctness and completeness of all data provided before sending the order. A claim for subsequent correction of the invoice exists only if the invoice data do not match the data in the order. A subsequent change of the invoice addressee going beyond that, for example from a private to a business buyer or vice versa, does not take place.
6. Warranty / liability
6.1 With regard to liability for material defects (warranty), the statutory provisions shall apply. The Buyer shall be entitled to a statutory right to claim for material defects.
6.2 In the case of contracts with entrepreneurs or legal persons under public law, the following applies: a. The Buyer’s claims for material defects shall become statute-barred 12 months after transfer of risk.
b. Obvious defects must be reported within a period of 14 days, otherwise they shall be deemed approved. Shortfalls must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the buyer must comply with the obligations of § 377 HGB (German Commercial Code) deviating from number b., i.e. inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect or a shortfall becomes apparent, notify the seller immediately. In the event of omitted or delayed, i.e. not immediate, notification, the goods shall be deemed to have been accepted. Hidden defects must be reported immediately after their discovery, otherwise they shall also be deemed approved in the event of omitted or delayed reporting.
c. In the event of a defect in the object of sale, the Seller shall be entitled, at its discretion, to subsequent performance in the form of rectification of the defect or delivery of a defect-free object. The Buyer shall grant the Seller a reasonable period of time, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs. In the event of subsequent performance, the Seller shall bear the necessary expenses only up to the amount of the purchase price.
d. If the subsequent improvement in the sense of § 440 BGB fails, the buyer can demand withdrawal or reduction after his choice.
e. Further claims of the buyer, in particular due to consequential damage caused by a defect, are generally excluded. The unlimited liability for damages resulting from injury to life, body or health as well as other damages based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent shall remain unaffected. Unlimited liability shall also apply in the event of breach of contractual cardinal obligations, i.e. contractual obligations on the fulfilment of which the Buyer relies and may rely. In all other respects, liability shall be limited to the damage typically incurred in the commercial transactions on which these GTC are based.
f. Liability according to the Product Liability Act remains unaffected.
g. The statutory limitation period in the context of a delivery recourse according to §§ 478,479 BGB remains unaffected.
7. Retention of title
7.1 The delivered goods remain the property of the seller until the purchase price has been paid in full.
7.2 The following applies to buyers who are entrepreneurs:
a. The seller retains title to the goods (reserved goods) until receipt of all payments from the business relationship with the buyer.
b. If the buyer does not meet his payment obligation despite a reminder with setting of a deadline, the seller can demand the surrender of the reserved goods still in his ownership without further prior setting of a deadline. The transport costs incurred shall be borne by the buyer. The taking back of the reserved goods by the seller always constitutes a withdrawal from the contract. The seller is entitled to sell the reserved goods after they have been returned. The proceeds from the sale shall be set off against the Buyer’s liabilities – less reasonable selling costs.
8. revocation instruction for consumers (§ 13 BGB)
8.1 Consumers (see above paragraph 1) have the following right of withdrawal.
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of revocation, you must inform us
Anna Nwaada Weber
At the Pannschoppen 9
Phone: +49 (0) 151 191 38 157
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter send by mail, fax or e-mail). You can use the attached sample revocation form, which is not mandatory.
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
– End of the revocation instruction –
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Anna Nwaada Weber
At the Pannschoppen 9
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
9. information for consumers in distance contracts and information for customers in e-commerce contracts
a) We are not subject to any special codes of conduct.
b) The languages available for the conclusion of the contract are German and English.
c) Complaints and warranty claims can be made by the buyer at the address indicated in the supplier identification or by sending an e-mail to firstname.lastname@example.org .
d) The contract text (consisting of the order data and the general terms and conditions) is stored by the seller and sent to the buyer by e-mail after conclusion of the contract.
e) Complaint procedure about the OS platform: Consumers have the possibility of bringing about in disputes about the following link an extrajudicial settlement of disputes: http://ec.europa.eu/consumers/odr/
10. final provisions, miscellaneous
10.1 The law of the Federal Republic of Germany shall apply to the contractual relationship between the seller and the buyer as well as to the respective terms and conditions. The application of UN sales law is excluded.
If the Buyer is a consumer, this agreement shall not affect the applicable statutory provisions and rights in favour of the consumer under the law of the Buyer’s country of residence.
10.2 The exclusive place of jurisdiction shall be the court of the Seller’s place of business if the Buyer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation. The seller also has the right to sue at the buyer’s place of business.
10.3 Should individual provisions of this contract not be legally effective in whole or in part or lose their legal effectiveness later, the validity of the remaining provisions of the contract shall not be affected. The invalid provision shall be replaced by the statutory provision.