Terms of service

Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope of Application 1.1 These General Terms and Conditions ("AGB") of Anna Szilagyi, trading under "Chunky Beads Club" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or businessperson (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby rejected unless agreed otherwise.

1.2 For contracts for the delivery of tickets, these AGB apply accordingly unless expressly agreed otherwise. These AGB only regulate the sale of tickets for specific events specified in the Seller's item description and not the execution of these events. The execution of the events is governed exclusively by the legal provisions between the participant and the organizer, as well as any differing conditions of the organizer. If the Seller is not also the organizer, he is not liable for the proper execution of the event, which is solely the responsibility of the respective organizer.

1.3 Consumer within the meaning of these AGB is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4 Entrepreneur within the meaning of these AGB is a natural or legal person or a legal partnership capable of holding rights that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The 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 contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or a confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or
• delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• requesting payment from the Customer after submitting their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with 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 a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 In the case of selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by one of the PayPal payment methods selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer clicks the button that completes the ordering process.

2.5 The Seller stores the text of the contract after the conclusion of the contract and sends it to the Customer in text form (e.g., email, fax, or letter) after sending their order. Beyond this, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge using their password-protected user account, specifying the corresponding login data.

2.6 Before the binding submission of the order via the online order form of the Seller, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that they can receive emails sent by the Seller. In particular, the Customer must ensure that, when using SPAM filters, all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal 3.1 Consumers generally have a right of withdrawal.

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

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for performance. After that, the right of withdrawal is also excluded for contracts that have the subject of selling tickets for time-bound leisure events.

4) Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. VAT is not shown as the Seller is a small business owner within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be separately stated in the respective product description.

4.2 The payment options will be communicated to the Customer in the Seller's online shop.

4.3 In the case of choosing the payment method credit card, the invoiced amount is immediately due upon conclusion of the contract. The processing of the credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the Seller assigns their payment claim. Secupay AG debits the invoiced amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after sending the Customer's order in the online shop. The Seller remains responsible for general customer inquiries, such as returns, complaints, revocation declarations and returns, even when selecting the credit card payment method via secupay AG.

5) Delivery and Shipping Conditions 5.1 If the seller offers the shipment of the goods, the delivery will take place within the seller's specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. However, in the case of selecting the PayPal payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies when the customer effectively exercises the right of withdrawal.

5.3 If the customer acts as a businessperson, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or another 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 upon handover of the goods to the customer or a person authorized to receive them. However, the risk of accidental loss and accidental deterioration of the sold goods also passes to the consumer when the seller delivers the item to the forwarder, the carrier, or another person or institution designated to carry out the shipment, if the consumer has instructed the forwarder, the carrier, or the other person or institution to carry out the shipment and the seller has not previously named this person or institution.

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

5.5 Self-collection is not possible for logistical reasons.

5.6 Tickets will be provided to the customer as follows:

• via email

6) Retention of Title If the seller provides goods in advance, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.

7) Warranty Unless otherwise stated in the following provisions, the statutory warranty provisions apply. However, for contracts for the delivery of goods, the following deviations apply:

7.1 If the customer is a businessperson:

• The seller has the choice of the type of subsequent performance.
• For new goods, the limitation period for defects is one year from the delivery of the goods.
• For used goods, rights and claims due to defects are excluded.
• The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and shortening of the limitation periods specified above do not apply:

• to the customer's claims for damages and reimbursement of expenses,
• in the event of willful concealment of a defect by the seller,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• in the case of the seller's obligation to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory recourse claims by businesspersons remain unaffected.

7.4 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.5 If the customer is a consumer, it is requested to complain to the deliverer about obvious transport damages and to inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers 8.1 Vouchers issued by the seller as part of promotions with a specific validity period and provided free of charge, which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7 If 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 selected to settle the difference.

8.8 The credit of a promotional voucher will not be paid out in cash or earn interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part using the promotional voucher within the scope of their statutory right of withdrawal.

8.10 The promotional voucher is intended for use by the person named on it. The transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) Applicable Law For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution 10.1 The European Commission provides a platform for online dispute resolution (ODR) that can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board