General terms and conditions of business 

 

Provider:

 

The Singing Ant GmbH

Fernweg 3

76275 Ettlingen

Phone: +49 176 2196 6931

E-mail: post@thesingingant.com

 

 

- hereinafter referred to as "The Singing Ant GmbH" -

 

1. general/applicability

These General Terms and Conditions shall apply to all deliveries and services of The Singing Ant GmbH, insofar as they are contractually integrated and not expressly regulated otherwise in the text of the offer.

 

2. regulations and information on the conclusion of the contract

 a) General

All representations on the internet pages of The Singing Ant GmbH are merely a non-binding invitation to submit offers by the customer.

b) Technical steps leading to the conclusion of the contract and conclusion of the purchase contract when ordering via the online shop

To order one or more items via the online shop, the items must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which you can reach at any time via a link in the shop offer), you will then be guided through the ordering process by each step being explained and the required information being requested.

The ordering process is completed when the customer finally clicks on "buy".

This constitutes the customer's offer to conclude the contract, which The Singing Ant GmbH may accept within two working days. 

Acceptance of the offer by The Singing Ant GmbH shall be effected - after sending an order confirmation - by separate order confirmation or delivery of the goods. 

Upon acceptance by The Singing Ant GmbH, the purchase contract is concluded.

In deviation from the above, the contract is already concluded before the order confirmation is sent if either the order confirmation contains a request for payment or if the payment process is initiated and completed during or immediately after the order process.

c) Conclusion of contract when ordering by telephone, e-mail, fax or letter

If expressly offered in the online shop, the contract shall be concluded as follows when ordered by the customer by telephone, e-mail, fax or letter:

The customer declares verbally or in writing his binding intention to purchase precisely named items of the offer in the online shop. This constitutes the customer's offer to conclude the contract, which The Singing Ant GmbH may accept within five days of receipt. 

Acceptance of the offer by The Singing Ant GmbH is effected by sending the delivery confirmation or delivery of the goods. This concludes the purchase contract.

d) Storage and access to the text of the contract

The Singing Ant GmbH saves the text of the contract and sends the customer the order data and the contract terms by e-mail. In this way, The Singing Ant GmbH provides the customer with the opportunity to retrieve the contractual provisions upon conclusion of the contract and to save them in reproducible form. Access to the contract texts stored at The Singing Ant GmbH is - with the exception of the freely accessible GTC - only possible for registered customers via the customer account.

e) Detection and correction of input errors

In order to recognise and prevent input errors during the ordering process, the customer is shown an overview page for checking purposes before the effective order is placed, with the help of which the customer can check all details of the order and correct the data entered in the input fields themselves or by using the "Back" button of the Internet browser.

f) Available languages

The contractual language is German.

3. prices and terms of payment 

The prices displayed at the time of the order shall apply. Packaging and shipping costs, if any, will be charged in addition and displayed to the customer in good time. In the case of orders from abroad, it cannot be ruled out that your bank or country may levy costs or taxes not known to The Singing Ant GmbH, such as (import) duties or processing fees for payment. These are not costs that are paid or invoiced via The Singing Ant GmbH.

The Singing Ant GmbH accepts all payment methods indicated on the website. The Singing Ant GmbH shall issue the customer with an invoice for the ordered goods, which shall be sent to the customer in text form with the delivery of the goods at the latest.

The total purchase price of the ordered goods is payable depending on the selected payment method. 

4. Packaging and shipping costs

Packaging and shipping costs, insofar as they are charged, will be notified to the customer in good time before the order process is triggered.

 5. Delivery and delivery times  

The delivery of the goods to the customer is carried out by third-party providers (delivery services). Insofar as forwarding dispatch has been selected, the place of performance is agreed as "delivery free kerbside", i.e. delivery is made to your front door, at ground level, without steps.

 The delivery times can be found either in the product description or in the separately retrievable shipping information in the shop.

Partial deliveries are possible if the customer  

a) this possibility and the resulting consequences for the right of revocation were pointed out in our revocation instructions and 

 b) is not recognisably not interested in them or they are reasonable for him. Reasonableness is given if

- the partial delivery is usable for the Client within the scope of the contractual intended purpose,

- the delivery of the remaining ordered goods is ensured and

- the customer does not incur significant additional expense or additional costs as a result or the seller agrees to bear these costs.

The costs for transport and packaging, insofar as such are charged, shall only be charged once for partial deliveries.

 6. Transfer of risk 

If the customer is an entrepreneur, i.e. if he is acting in the exercise of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale to destination upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. 

In all other cases, the risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item is handed over, even in the case of a mail order purchase, irrespective of the shipping method selected.

7. Exclusion or premature expiry of the right of withdrawal 

The right of withdrawal does not apply if the customer is acting in the exercise of their commercial or self-employed professional activity and therefore as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) when concluding the contract.

 Furthermore, the right of revocation does not apply to contracts

 - for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- in the case of consumers, insofar as the order is placed from and the shipment is made to a country that is not a member of the European Union.

The right of withdrawal expires prematurely in the case of contracts

- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

 

8 Warranty, Guarantee

There is a statutory right of liability for defects, in this respect the statutory periods apply. If a guarantee is stated in the offer, the statutory liability for defects shall remain unaffected.

9. Retention of title

All deliveries are subject to retention of title. The delivered goods remain the property of The Singing Ant GmbH until the purchase price has been paid in full.

 

10. Complaint handling procedures, dispute resolution procedures

The Singing Ant GmbH's procedure for dealing with complaints complies with the requirements of professional diligence. Should the customer wish to make a complaint, he/she can do so in writing or verbally via all means of communication and addresses/numbers mentioned here. Prompt processing is assured.

 It is pointed out that The Singing Ant GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

11 Choice of law

With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to the application of the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless the consumer would thereby be deprived of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence shall apply.