Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Marianne Birkenfeld) via the website www.posseimo-shop.de. Unless otherwise agreed, any inclusion of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing each product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can view the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping details, you will be shown the order summary.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be shown the order overview page in our online shop or redirected to the provider’s website. If redirected to the instant payment system, you make the necessary selections or input your data there. Finally, you will be shown the order summary either on the provider’s site or after being redirected back to our online shop.
Before submitting your order, you have the opportunity to review, change (including via your browser’s "back" function), or cancel the entries in the order summary. By submitting the order via the corresponding button ("order with obligation to pay," "buy"/"buy now," "order for a fee," "pay"/"pay now," or similar), you declare your binding acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all information required in connection with the contract conclusion take place partly automatically by email. Therefore, you must ensure that the email address you provided is correct, that receiving emails is technically possible, and that delivery is not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via SOFORT / direct bank transfer If you select Sofort / direct bank transfer, the payment is processed by the payment service provider SOFORT GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). SOFORT GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). To use this payment method, you must have an online banking account enabled for it. During the payment process, you must authenticate and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. For more information, see https://www.klarna.com/sofort/.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the reserved goods passes, pledging or transfer of security is not permitted.
b) You may sell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) At your request, we undertake to release securities to which we are entitled insofar as their realizable value exceeds the claim to be secured by more than 10%. The choice of which securities to release is ours.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier without delay of any complaints. Failure to do so has no effect on your statutory warranty rights.
(3) Deviations in a characteristic of the goods from objective requirements are only deemed agreed if we notified you of the deviation before you submitted your contract declaration and it was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own statements and the manufacturer’s product description are deemed agreed as the condition of the goods; other advertising, public claims, and statements by the manufacturer are not.
b) In case of defects, at our choice we will remedy the defect or deliver a replacement. If the remedy fails, you may choose to reduce the price or withdraw from the contract. The remedy is considered to have failed after two unsuccessful attempts unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the case of remedy, we are not obliged to bear the increased costs resulting from transporting the goods to another location than the place of performance, provided this transport is not in accordance with the intended use.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- for damages resulting from injury to life, body, or health culpably caused by us, and for intentional or grossly negligent damages;
- if we fraudulently concealed the defect or assumed a guarantee for the condition of the goods;
- for goods used in a building and causing its defectiveness due to their intended use;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer’s habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
1. Identity of the Seller
Marianne Birkenfeld
Marktplatz 8
27711 Osterholz-Scharmbeck
Germany
Phone: +49 4791 9859158
Email: shop@posseimo.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on Conclusion of the Contract
The technical steps to conclude the contract, the contract conclusion itself, and correction options are governed by the “Conclusion of the Contract” provisions of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using your browser’s print function. After we receive your order, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, including shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They are displayed via a designated button on our website or in the offer, listed separately during the ordering process, and are to be borne by you unless free shipping is promised.
6.3. Available payment methods are indicated via a designated button on our website or in the offer.
6.4. Unless otherwise stated for specific payment methods, payment claims from the concluded contract are due immediately.
7. Delivery Terms
7.1. Delivery terms, delivery dates, and any delivery restrictions are indicated via a designated button on our website or in the offer.
7.2. If you are a consumer, the risk of accidental loss or deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether shipment is insured or uninsured. This does not apply if you commissioned a carrier or person other than the entrepreneur to perform the shipment independently.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Warranty Rights
Warranty claims are governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were drafted by Händlerbund’s IT law specialists and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2023