Terms & Conditions

§ 1 Scope & defense clause

(1) The following General Terms and Conditions in the current version at the time of the order apply exclusively to the legal relationships established via this Internet shop between the operator of the shop “Emdery” (hereinafter referred to as “Provider”) and its customers.

(2) Any deviating general terms and conditions of the customer will be rejected.

§ 2 Formation of the contract

(1) The presentation of the goods in the “Emdery” online shop does not constitute a binding offer from the provider to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.

(2) By submitting the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the sole determining factor for the legal relationship with the provider.

(3) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by delivery of the goods within 7 working days after receipt of payment or an express declaration of acceptance.

§ 3 Retention of title

The delivered goods remain the property of the provider until they have been paid in full.

§ 4 Due date

The purchase price is due within 7 working days of the conclusion of the contract.

§ 5 Warranty

(1) The customer’s warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions in § 6 of these General Terms and Conditions apply to the customer’s claims for damages against the provider.

(2) The limitation period for warranty claims by the customer is two years for consumers and one year for businesses. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and provide ownership of it. The above shortening of the limitation periods also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods is the right of recourse against entrepreneurs under Section 478 of the German Civil Code.

(3) The provider does not provide a guarantee.

§ 6 Exclusion of liability

(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the benefit of the legal representatives and vicarious agents of the provider, provided that the customer asserts claims against them.

(2) Excluded from the exclusion of liability specified under point 1 are claims for damages due to injury to life, body or health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and provide ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7 Choice of law & place of jurisdiction

(1) The contractual relationships between the provider and the customer are subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 Severability Clause

If a provision of these General Terms and Conditions is invalid, this does not affect the validity of the remaining provisions.

As of: August 4, 2024

Cancellation policy

For digital products: I expressly agree that the execution of the contract will begin before the expiry of the cancellation period. I am aware that my right of cancellation expires when the execution begins.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of cancellation, you must inform us (Tanja Schernetzki, Berliner Str. 30, 13467 Berlin, Tel.: 030 40541221, email: service@emdery.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email).

You can use the attached sample cancellation form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

Expiry of the right of cancellation

The right of cancellation expires prematurely if we have begun to execute the contract after you have expressly agreed that we begin to execute the contract before the cancellation period has expired and you have confirmed to us that you are aware that by giving your consent you will lose your right of cancellation when the contract begins to be executed.

Cancellation form

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

To

Tanja Schernetzki

Berliner Str. 30

13467 Berlin

service@emdery.com

I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the 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 if notification is made on paper)

______________________

Date

() Delete as appropriate

Payment & Shipping

Shipping as a digital product by email, payment via Paypal.