Table of Contents Scope of application Conclusion of contract Right of withdrawal Prices and payment terms Delivery and shipping terms Reservation of proprietary rights Liability for defects Limitation of liability Governing law Dispute resolution 1) Scope of application 1.1 These general terms and conditions of birta, operating under the name "birta" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or a business (hereinafter "Customer") with the Seller regarding goods displayed in the Seller's online store. The Customer's terms do not apply unless otherwise expressly agreed. 1.2 A consumer, according to these terms, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. 1.3 A business, according to these terms, is a natural person, legal entity, or partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their trade, business, or profession. 2) Conclusion of contract 2.1 Product descriptions in the Seller's online store do not constitute binding offers but are intended to allow the Customer to submit a binding offer. 2.2 The Customer may submit an offer using the order form in the Seller's online store. By submitting an order, the Customer makes a binding contract offer. 2.3 The Seller may accept the offer within five days: by sending an order confirmation, by delivering the goods, or by requesting payment. 2.4 If payment is made via PayPal, the offer is deemed accepted automatically when the button to confirm the payment-obligated order is clicked. 2.5 The Seller stores the contract text and sends it to the Customer via email after the contract has been concluded. 2.6 Before submitting an order, the Customer can review all information and correct it if necessary. 2.7 The language of the contract or contracts is indicated in the online store. 2.8 Order processing takes place via email. The Customer is responsible for ensuring the provided email address is correct. For inquiries, birta can be contacted at: birtastore@outlook.com 3) Right of withdrawal 3.1 Consumers generally have the right to withdraw from the contract. 3.2 Further information regarding the right of withdrawal is provided in the separate cancellation policy. 3.3 The right of withdrawal does not apply to consumers who have both their residence and delivery address outside the European Union. 4) Prices and payment terms 4.1 All prices are total prices. As a small business, birta does not charge VAT. 4.2 For deliveries outside the European Union, additional costs may apply, such as customs duties and other official charges. 4.3 Available payment methods are specified in the online store. 4.4 If prepayment is selected, payment is due immediately after the contract has been concluded. 4.5 If the payment methods "SOFORT" or "Shopify Payments" are chosen, the terms and conditions of the respective payment service provider apply. 4.6 Further information regarding Stripe or Klarna can be found on the respective service providers' websites. 5) Delivery and shipping terms 5.1 Goods are delivered to the delivery address provided by the Customer. 5.2 If delivery fails due to circumstances for which the Customer is responsible, the Customer shall bear the resulting additional costs. 5.3 In the case of businesses, the risk transfers to the Customer when the goods are handed over to the carrier. 5.4 If a product is unavailable, the Customer will be informed without undue delay. 5.5 Self-collection of goods is not offered. 6) Reservation of proprietary rights The goods remain the property of birta until fully paid for. 7) Liability for defects 7.1 When the buyer is a business, specific rules regarding liability for defects may apply. 7.2 Exceptions apply, among others, in cases of intent or damage to life, body, or health. 7.3 The right of recourse remains unaffected. 7.4 Merchants shall notify of defects without undue delay. 7.5 Consumers are advised to report promptly
