terms of service 

1 Scope of application
1.1 
These General Terms and Conditions (hereinafter referred to as "GTC") of the company Max Straube (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 
For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC 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 
The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 
The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.
2.3 
The seller can accept the customer's offer within five days,
* by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
* by delivering the ordered goods to the customer, in which case receipt of the goods by the customer shall be decisive, or
* by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 
When submitting an offer via the Seller's online order form, the text of the contract shall be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The seller will not make the text of the contract available beyond this.
2.5 
Before placing a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6
Only the English language is available for the conclusion of the contract.
2.7 
Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
3.1 Right of withdrawal
You have the right to withdraw from this contract 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 last goods.
To exercise the right to cancel, you must inform us (Casa Bellao, presented by Max Straube, Sorauer Str.28/29, 10997 Berlin, contact: youwelcomebellao@gmail.com) of your decision to cancel this contract by a clear statement (e.g. an e-mail).
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.
3.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. In the case of international returns, you must also pay the import and customs duties incurred on importation into Germany. Due to the additional work involved in returning goods from other European countries, a flat rate of 50.00 euros (€) will be charged, which must be borne by the buyer.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
4) Prices and terms of payment
4.1 
Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not shown, as the seller is subject to differential taxation in accordance with § 25a UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 
The customer will be informed of the payment option(s) in the seller's online store.
4.3 
If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 
Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.5
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 
If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 
This does not apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply
* for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
* for claims for damages and reimbursement of expenses by the customer, and
* in the event that the seller has fraudulently concealed the defect.
7.3 
The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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.
9.2 
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.