General terms and conditions

Scope

§ 1 Applicability, definitions of terms

(1) Sich-erleben im Eibenwald, Eibenwald, Jörg Mäsing, Hohenwarter Strasse 68, D-85276 Pfaffenhofen, Germany (hereinafter: “we” or “Eibenwald – ein Ort, der zaubert”) operates an online shop for goods, digital goods and services under the website https://eibenwald.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities.

These terms and conditions apply to all purchases and services
via its websites
https://sich-erleben.de/impressum
https://eibenwald.de/impressum
https://berater-druide.de/impressum
https://business-druide.de/impressum
– https://runen-ritzen.com
or in its premises or in customer premises, sold by or obtained by or provided by self-experience,
which are made or used by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Business customers are requested to contact us before ordering.

§ 2 Conclusion of contracts, storage of the text of the contract

(1) The following regulations on the conclusion of the contract apply to orders placed via our online shop under https://eibenwald.de or to goods and services in our practice or at other locations.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

  1. Selection of the desired goods, digital goods, selected service(s),
  2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
  5. Entry/verification of address and contact data, selection of payment method, confirmation of the terms and conditions and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Complete the order by pressing the “Buy now” button. This represents your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) In the event of the conclusion of the contract, the contract is concluded with self-experience in Eibenwald, Eibenwald, Jörg Mäsing, Hohenwarter Strasse 68, D-85276 Pfaffenhofen, Germany.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not store the text of the contract after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). You can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Object of the contract and essential characteristics of the products

(1) In the case of our online shop, the subject of the contract is:

  1. The sale of goods. You can find the specific goods offered on our article pages.
  2. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.
  3. The provision of services. The specific services offered can be found on our article pages.

(2) The essential characteristics of the goods, digital goods and services can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

(3) The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital products, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

Prices and shipping costs

§ 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices indicated, shipping costs may apply for the delivery of products, unless the respective article is shown as free shipping. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.

(4) All products offered are ready for shipment immediately (delivery time: 3-5 days, depending on DHL after receipt of payment), unless clearly stated otherwise in the product description.

(5) Delivery is worldwide.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. If you effectively exercise the right of withdrawal, the regulation made by us in the cancellation policy applies to the return costs.

The excellent prices are final prices incl. Sales tax. The amount shown in each case at the time of the binding order shall apply. In addition, there are shipping costs that depend on the shipping method and the size and weight of the item(s) you order. You can always find out about the details on the website. You shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you in exercise of your right of revocation.

Shipping costs

We always deliver only by insured parcel with tracking number by DHL. The costs for this can be seen in our webshop, selectable in the shopping cart.

Shipping costs are charged in addition to the base prices and are payable by the buyer.

Free pickup in our store is of course possible by appointment – we look forward to seeing you!

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

-Germany
– Selected countries in Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, an obligation to perform is excluded. Amounts already paid will be refunded by Sich-Erleben without delay.

(3) Sich-Erleben may also refuse performance if such performance requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the Customer’s interest in the performance of the purchase contract. Amounts already paid will be refunded by Sich-Erleben without delay.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Sich-Erleben expressly points out that these goods are not carried into the house.

Cheap shipping method for return

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.

(2) Please use the easiest and cheapest shipping method for return. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.

Payment

Payment is made upon delivery by means of

  • Direct bank transfer: Transfer money directly to our bank account. Please use the order number as reason for payment. Your order will be shipped only after we receive the money on our account.
  • PayPal: Pay via PayPal.
  • Cash on delivery: Pay cash on delivery.

Deposits and guarantee of the reservation

The booking of an appointment becomes binding and valid with a deposit of 50% of the agreed fee. This deposit is due after invoicing and will not be refunded in the event that the appointment is not made for reasons beyond our control or force majeure.

Default of payment

If you are in default of payment, Sich-Erleben shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Sich-Erleben can prove that it has incurred higher damages as a result of the delay, Sich-Erleben shall be entitled to claim such damages.

Right of retention

The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

-Germany
– Selected countries in Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, an obligation to perform is excluded. Amounts already paid will be refunded by Sich-Erleben without delay.

(3) Sich-Erleben may also refuse performance if such performance requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the Customer’s interest in the performance of the purchase contract. Amounts already paid will be refunded by Sich-Erleben without delay.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Sich-Erleben expressly points out that these goods are not carried into the house.

Cheap shipping method for return

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods to return the goods. This is the easiest and cheapest shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.

Retention of title

Sich-Erleben shall retain title to the delivered goods until all claims against the customer arising from the purchase contract have been settled in full. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Events – guidelines and conditions

With the transmission of your booking and subsequent confirmation by us, your place for the event is bindingly booked.
Cancellations that arrive later than 48 hours before the date will unfortunately have to be charged if we do not find a replacement participant.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our cancellation policy.

Cancellation policy, return conditions

Right of withdrawal & return of goods

You have the right to revoke a contract concluded with us within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or from the conclusion of the contract in the case of a service contract with us.

To exercise your right of withdrawal, you must send us

Eibenwald – Experience yourself
Hohenwarter Strasse 68
D-85276 Pfaffenhofen an der Ilm
Info@eibenwald.de
www.eibenwald.de

by means of a clear declaration by letter sent by mail or by signed and signed email of your decision to revoke this contract.

You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

Only unused and unopened goods will be taken back. Proportionate costs for opened or used goods will be charged to you and retained from the refund.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

  • To

Yew forest – experience itself

Hohenwarter road 64

D-85276 Pfaffenhofen

info@eibenwald.de

www.eibenwald.de

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only in case of notification on paper)
  • Date

————————————-

(*) Delete as applicable

Defect rights

(1) If a product is already defective upon delivery (warranty case), Sich-Erleben shall, at the customer’s option and at Sich-Erleben’s expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in case of damage caused to the customer by misuse or improper use,

b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Sich-Erleben does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim shall be limited to the respective other type of supplementary performance. The right of Sich-Erleben to refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.

(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at Sich-Erleben’s expense to the return address provided by it, stating the order number. Before sending the product, the customer must remove any objects inserted by him from the product. Sich-Erleben is not obligated to inspect the product for the installation of such items. Sich-Erleben shall not be liable for the loss of such items unless it was readily apparent to Sich-Erleben at the time of taking back the product that such an item had been inserted into the product (in which case Sich-Erleben shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred thereby). Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data on the Product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or replacement product is returned to the customer, it is the customer’s responsibility to install the software and data and reactivate the passwords.

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for any loss or further deterioration of the goods not caused by the defect as well as for the impossibility to return the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the event of a warranty claim,

a) if the defect entitling to withdrawal has only become apparent during processing or transformation,

b) if Sich-Erleben is responsible for the deterioration or loss or if the damage would also have occurred in the case of Sich-Erleben,

c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he is accustomed to exercising in his own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions.

(9) Sich-Erleben’s statutory warranty ends two years after delivery of the goods. The period begins with the receipt of the goods.

Authenticity of ratings

All reviews found in our store or elsewhere on our website are understandable and genuine. All reviews have either been created by IT system (e.g. Google reviews), or have been delivered to us by mail or other electronic means.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Language of Contract

Only German is available as the language of the contract.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual duty as well as for tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we have defaulted on performance due to slight negligence, if performance has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical of the contract . An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our duty to take action and to perform the contractually owed service, which is described in § 3.

(3) If, when purchasing goods with digital elements or purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and of whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely attributable to the absence of this update.

Liability

(1) In the event of slight negligence, Sich-Erleben shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Sich-Erleben shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of any fault on the part of Sich-Erleben, any liability of Sich-Erleben in case of fraudulent concealment of the defect or arising from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of warranty by Sich-Erleben.

(3) Sich-Erleben shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.

(4) The personal liability of Sich-Erleben’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for goods delivered to entrepreneurs is 12 months.

(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage when performing the contract and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

Applicable law

The contract concluded between you and Sich-Erleben shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.

Jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Pfaffenhofen an der Ilm.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

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