Terms & Conditions

Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Grant of Digital Content Rights
  7. Retention of title
  8. Liability for defects
  9. Applicable law
  10. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereafter “GTC”) of Theresa Weisskircher, acting under “Sami Dolls” (hereinafter referred to as “Seller”), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) has with the Seller concludes with respect to the goods presented by the Seller on the Sami Dolls website. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4 Digital content within the meaning of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under the grant of certain rights of use regulated in these terms and conditions.

2) Conclusion of the contract
2.1 By placing an article with Sami Dolls, the seller makes a binding offer to conclude a contract for this article. The contract is concluded by the customer going through the individual steps of the ordering process and then concluding this by pressing the button: “order with payment”.
2.2 The customer must go through the following technical steps to submit his contract to Sami Dolls:
On the seller’s offer page, the customer first clicks on the button “Add to cart” and then goes through the further steps specified by Sami Dolls. The customer can choose whether to log in to his already existing member account for the order, whether he creates a new member account for the order or whether he executes the order without registering as a “guest”. Finally, the customer clicks on the button “order to pay”.
2.3 The contract text is stored by the seller and sent to the customer after submitting his order together with the present GTC and customer information in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller himself does not take place.
2.4 Prior to the binding submission of the order, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.5 Only the German language is available for the conclusion of the contract.
2.6 Order processing and contacting take place by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.

3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment
4.1 The prices indicated by the seller are total prices and include the legal value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller’s product description.

5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at samidolls.com shall prevail.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Digital content will be provided to the customer exclusively in electronic form as follows:

  • by download

6) Grant of digital content usage rights
6.1 Unless otherwise stated in the contents description of the Seller, the Seller grants the Customer the non-exclusive, local and temporal unlimited right to use the provided content for private and business purposes.
6.2 Any transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only if the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.

7) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for defects
8.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.
8.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

10) Alternative Dispute Resolution
10.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.