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AGB
General terms and conditions
1. scope
For all orders via our online store by consumers and entrepreneurs, the following GTC apply.
The following applies to Germany: Consumers are, in accordance with § 13 of the German Civil Code (BGB), any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
The following applies to Austria: In the following terms and conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract, correction options
The purchase contract is concluded with simply drop - all that makes you happy.
By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form. You can view the contract text in our customer login.
4. subject matter of the contract
4.1 Product description
Reference is made to the validity of the respective product description as an integral part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual values may occur. Product colors possible.
With Wood products natural variations in the grain, structure and color of the wood are possible.
5. requirements and handling of customer content
5.1 Requirements
If it is necessary for you to transmit content (e.g. texts, data, files) to us in order to fulfill the order, the technical options available for this and any applicable requirements are based on the respective product description.
You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out an editorial review of the content before executing the order.
5.2 Compliance with applicable law
The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademark rights or other intellectual property rights) and must not contain or serve purposes that glorify violence, are discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.
5.3 Exemption
You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights by our contractual use. You shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. The indemnification does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
5.4 Reservation of right of withdrawal
We reserve the right to refuse the order or to withdraw from the contract if the content you provide for this purpose violates legal or official prohibitions or morality or if there is a reasonable suspicion of this. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
6. terms of delivery
6.1 Shipping costs
The Standard shipping free shipping from an order value of 50€ Germany incl. VAT.
6.2 Delivery options
Delivery options
We ship the products to the delivery address specified in the order process.
You have the possibility to pick up your order at Bianca Valusescu simply drop, Marienplatz 14, 83308 Trostberg, Germany during the following business hours: Mon-Fri 10.00-19.00 and Sat 10.00-16.00
6.3 Delivery by forwarding agent
Making an appointment
In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date.
Place of delivery
Delivery of the goods shall be limited to the transportation and unloading of the goods to the first public curb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Participation of the recipient
Unloading and any necessary subsequent transportation of the goods to the agreed place of delivery shall be carried out jointly by the forwarding agent driver and the recipient. Information on the packaging dimensions can be found in the offers.
The following applies to merchants: In deviation from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transportation of the goods to the agreed place of delivery.
7. payment
7.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
7.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of EUR 40. Further claims remain unaffected by this.
7.3 Payment methods
The following payment methods are available in our store.
Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.
SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited before the goods are shipped.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal may offer additional payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will find further information on the respective payment option and in the order process.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal may offer additional payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.
Cash payment upon collection
You pay the invoice amount in cash at the time of collection.
8. right of withdrawal
You are entitled to the statutory right of cancellation as described in the cancellation policy.
9. reservation of title
The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10 %.
10. transportation damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
11 Warranty and guarantees
11.1 Liability for defects
Applies vis-à-vis consumers:
The statutory liability for defects shall apply.
The following applies vis-à-vis entrepreneurs and among merchants:
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions against entrepreneurs
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence shall not apply to an item that has been used for a building in accordance with its customary use and has caused its defectiveness. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
11.2 Warranties and customer service
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
Customer service: For questions contact: 08621 6491824 or by e-mail at: info@simplydrop.de
12. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
13. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can use here find. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.