GENERAL TERMS AND CONDITIONS
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place at the online shop of make.
Sugar & Shit Talk
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can read the currently valid general terms and conditions on the
retrieve and print out.
Conclusion of the contract (1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button [“Order now with obligation to pay” / “Buy”] you are submitting a binding purchase offer (Section 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-
Mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer (order confirmation) or if we
send the goods to you – without a prior express declaration of acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
(5) Orders can only be placed in normal household quantities.
§ 3 prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs and, if specified, plus a deposit.
§ 4 terms of payment; Default
(1) Payment can be made either by:
credit card or PayPal
(2) We are responsible for selecting the available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment
(3) If you pay by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization) and charged directly.
(4) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
§ 5 Offsetting / Right of Retention
(1) You are only entitled to offset if your
counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can also only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the goods will be delivered to the address you provided on the delivery date selected. If the delivery date you specified is not possible, we will arrange an alternative date with you.
(2) Deliveries are only possible within Berlin.
(3) If not all of the products ordered are in stock, we are entitled to make partial deliveries if this is reasonable for you. Any deadlines only begin with the receipt of the last partial delivery.
(4) If the delivery of perishable goods is the subject of this contract, the following applies: The customer ensures the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, a person with the acceptance at the specified Order delivery address or provide the seller with the name and address of a neighbor who is ready and authorized for acceptance.
(5) The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of the order, the customer will receive notification of a possible delivery date and the order will be reserved by us. As soon as the goods are in stock, they will be sent to the customer after consultation. In the event of non-availability, in particular because a limited stock of goods marked as such is exhausted (e.g. vintage wine), the customer will be informed by us. Payments already made will then be reimbursed immediately.
(6) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have immediately informed you of this fact. In addition, we must not have taken the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods).
§ 7 Retention of title
(1) The goods remain our property until the purchase price has been paid in full.
(2) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
– We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
– You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to
collect claims ourselves.
– When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 Cancellation instruction
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you make the purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of cancellation in accordance with the following provisions. Right of
You have the right to cancel this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract , to inform. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to send back or hand over the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model cancellation form
If you want to cancel the contract, please fill out this form and send it back.
I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods (*):
Ordered on () / received on ()
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if this is notified on paper)
(*) Delete where inapplicable.
End of the cancellation policy
(1) The right of cancellation does not apply
– for the delivery of goods that are not prefabricated and for the
manufacture of which an individual selection or determination by the consumer is decisive or that are clearly
tailored to the personal needs of the consumer,
– Delivery of goods that can spoil quickly or whose use-by date would be exceeded quickly,
– for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature or
– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and which is more current Value depends on fluctuations in the market over which the entrepreneur has no influence.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(3) Please call us at [Tel.No.] before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the
Right of withdrawal are.
§ 9 Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the
sales law (§§ 433 ff. BGB).
(2) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
– Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements and other advertising by Manufacturer.
– You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
– In the event of defects, we provide a guarantee of repair or replacement (supplementary performance) at our option. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
– The warranty period is one year from date of delivery.
§ 11 liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This
Limitation of liability also applies in favor of our vicarious agents.
§ 12 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.
We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
§ 13 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of
Status: December 2020