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Terms and Conditions
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.
Consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following applies to 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 consented to them.
The contract of sale is concluded with Dreamly Colors GmbH.
With the placement of the products in the online store, we make 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 tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
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The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
The shipping costs are €3.95 Germany-wide.
We deliver only by mail order. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
In our store, the following payment methods are generally available:
.Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after submitting the order.
PayPal, PayPal Express
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 ordering process.
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 the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further instructions with the respective payment option and in the ordering process.
PayPal
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.
Credit card through 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 give 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.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Instant by Klarna
To be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the browser "Safari", be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt.
giropay
To pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.
paydirekt
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the ordering process.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further instructions in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further instructions are provided with the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 30 days after shipment of the goods and receipt of the invoice.
Klarna credit card
In the ordering process you enter your credit card details. Your card will be charged by Klarna immediately after submitting the order. An address and credit check will not take place.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account debit will take place after the goods have been shipped.
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: we retain title to the goods until full settlement of all claims arising from an ongoing business relationship. 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 shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as 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%.
For entrepreneurs, the following applies: 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.
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
.The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
.Limitations vis-à-vis entrepreneurs
.Towards entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements of 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 statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Rules vis-à-vis merchants
.Among merchants, the duty of inspection and complaint regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Information on any applicable additional warranties and their exact terms and conditions can be found in each case with the product and on special information pages in the online store.
Customer Service: You can reach our customer service for questions, complaints and claims at the e-mail address info@dreamly-colors.de
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For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
.In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability is 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.
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
If you are a businessman, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
