Terms & Conditions

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Business Partner

On the basis of these general terms and conditions (GTC) comes between the customer and 
Pink Stories Inc., 619 Blairville Rd., 14174 Youngstown, NY hereinafter referred to as the provider

the following contract is concluded.

 

Subject of the contract

This contract regulates the sale of new goods via the online shop of the provider. For the details of the respective offer, reference is made to the product description on the offer page.

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conclusion of contract

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online shop

The contract is concluded in electronic commerce via the shop system or via other means of distance communication such as telephone, e-mail or WhatsApp. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the shop system: 

• Selection of the offer in the desired specification (size, color, number)

• Place the offer in the shopping cart

• Pressing the 'order' button

• Enter the billing and delivery address

• Choice of payment method

• Review and processing of the order and all entries

• Press the button 'Order with costs'

• Confirmation email that order has been received

• In addition to the shop system, orders can also be placed via remote communication (telephone/e-mail), whereby the ordering process for the conclusion of the contract includes the following steps: 

• Call the order hotline / send the order email

• Confirmation email that order has been received

• The contract is concluded with the sending of the order confirmation.

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Contract duration

Subject to termination, the contract has a term of 1 delivery. The total price is calculated from the following components: Number times the unit price

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retention of title

The delivered goods remain the property of the provider until full payment has been made.

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caveats

The provider reserves the right not to provide the promised service if it is not available.

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Prices, shipping costs, return costs

All prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped. If there is a right of withdrawal and this is used, the customer bears the costs of the return.

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terms of payment

The customer only has the following options for payment: payment service provider (PayPal), credit card and bank transfer. Other payment methods are not offered and will be rejected.
When using an escrow service/payment service provider, this enables the provider and customer to process the payment among themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the stated amount to the account specified on the invoice within 3 days of receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against customer claims is excluded unless these are undisputed or have been legally established.

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delivery terms

The goods will be shipped immediately after receipt of the order. The dispatch takes place on average after 2 days at the latest. The entrepreneur undertakes to deliver within 14 days of receipt of the order. The standard delivery time is 5 days unless otherwise stated in the item description. The provider sends the order from its own warehouse as soon as the entire order is in stock there. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding hedging transaction was made in good time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, especially payments, will be refunded.

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warranty

Consumers are entitled to a statutory right to liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty is based on the regulations written for this purpose in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is granted that he can choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to customer claims for damages due to injury to life, limb, health or essential contractual obligations, which must be fulfilled to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.

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drafting of contracts

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer when the goods are handed over or, in the case of shipment, delivered to the selected service provider. The text of the contract is saved by the provider. The customer has no way of directly accessing the stored contract text. The customer can correct input errors during the ordering process. To do this, he can proceed as follows: Individual order steps can be corrected.

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Right of Withdrawal and Customer Service

Right of withdrawal

right of withdrawal

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

The cancellation period is fourteen days from the day 
 

• In the case of a contract of sale: on which you or a third party designated by you who is not the carrier took possession of the last goods.

• In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: where you or a third party designated by you who is not the carrier took possession of the last good.

• In the case of a contract for the delivery of goods in several partial consignments or pieces: on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece.

• In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party designated by you who is not the carrier takes possession of the first goods.

If several alternatives come together, the last point in time is decisive.

In order to exercise your right of withdrawal, you must send us (Pink Stories, Diana Brettner, Petersgasse 26, 82418 Murnau am Staffelsee) a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract , inform. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you withdraw from this contract, we shall have returned to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different type of delivery than the cheap standard delivery that we offer have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us or hand them over to Pink Stories, Diana Brettner, Petersgasse 26, 82418 Murnau am Staffelsee without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of revocation
 

Disclaimer

Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of the provider if the customer raises claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.

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Assignment and pledging prohibition

Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

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Language, place of jurisdiction and applicable law

The contract will be drawn up in German. The further execution of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that it does not restrict any legal provisions of the country in which the customer has his domicile or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

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Privacy

In connection with the initiation, conclusion, processing and rescission of a purchase contract based on these General Terms and Conditions, the provider collects, stores and processes data. This is done within the framework of the legal provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his prior express consent. If a third party is used for services in connection with processing, the provisions of the Federal Data Protection Act are observed. The data communicated by the customer in the course of the order will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods in accordance with the order if necessary. The payment data will be passed on to the bank responsible for the payment. Insofar as the provider is subject to retention periods of a commercial or tax nature, the storage of some data can last up to ten years. During the visit to the provider's Internet shop, anonymous data that does not allow any conclusions to be drawn about personal data and is also not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Pink Stories, Diana Brettner, Petersgasse 26 82418 Murnau am Staffelsee 01726113001 dominikus.brettner@pinkstories.de.

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Severability Clause

The invalidity of a provision of these terms and conditions has no effect on the validity of the other provisions.