Table of contents
——————
1. scope of application
2. conclusion of contract
3. right of cancellation
4. prices and terms of payment
5. terms of delivery and dispatch
6. retention of title
7. liability for defects (warranty)
8. applicable law
9. alternative dispute resolution
1) Scope of application
1.1 The following General Terms and Conditions apply to all deliveries between the sole proprietorship “Tribe Vibe.” (hereinafter referred to as “Seller”) and a consumer (hereinafter referred to as “Buyer”) in the version valid at the time of the order. All deliveries and services are based exclusively on these General Terms and Conditions. These General Terms and Conditions shall always govern the contractual relationship between a Buyer and Seller, even if they are not separately agreed again in individual cases.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the seller is responsible for providing digital content or digital services (hereinafter referred to as “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The following provisions on the conclusion of a contract apply to orders placed via our internet shop tribevibe.one.
2.2 If the contract is concluded, the contract is concluded with Tribe Vibe Owner: Raffael Stritzel Allmandstrasse 14 D-88212 Ravensburg
2.3 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.4 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 basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.5 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.6 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.10 Design and technical deviations from the product images and product descriptions provided in the tribevibe.one online shop may occur. Since some of the products offered are handmade, natural goods, there may be minimal deviations in colour, size or pattern. 3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller’s online shop.
4.3 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on “Shopify Payments” can be found on the Internet at https://www.shopify.com/ legal/terms-payments-de.
5) Terms of delivery and dispatch
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller’s cancellation policy shall apply to the return costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non[1]availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 Self-collection is not possible for logistical reasons
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, – the seller has the choice of the type of subsequent fulfilment; – in the case of new goods, the limitation period for defects is one year from delivery of the goods; – in the case of used goods, the rights and claims for defects are excluded; – the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.3 The aforementioned limitations of liability and shortening of the limitation period shall not apply – to claims for damages and reimbursement of expenses by the customer, – in the event that the seller has fraudulently concealed the defect, – for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, – for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.