Terms & Conditions
A. Terms and Conditions with Customer Information
1.1 These general terms and conditions (hereinafter "GTC") of Mehimede Hempel-Tchonda, trading under "TogoColor" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the seller with regard to the goods presented by the seller on the internet trading platform Etsy (hereinafter “Etsy”). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 By listing an item on Etsy, the seller makes a binding offer to sell this item.
2.2 The customer can accept the seller's offer using the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that completes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
2.3 The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded, along with these general terms and conditions and customer information. The seller himself will not make the contract text available beyond this.
2.4 Before bindingly submitting the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before the order is bindingly submitted as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only the German language is available for concluding the contract.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2 If 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 shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies 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 supplementary performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defects,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Special conditions for processing goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide the operator with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.
8.2 The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: 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.
10.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.