General Terms and Conditions (GTCs)
Last update: 20.01.2020
1.1 These General Terms and Conditions apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as: ‘the Customer’) and Crony & Lore GmbH, Boxhagener Strasse 111, 10245 Berlin (hereinafter referred to as: ‘the Provider’) directly (e.g. by email, at trade fairs, at markets or by similar means), at cronylore.com or via third-party sites (such as etsy.com or acuityscheduling.com) for the sale and provision of goods or services.
1.2 The Provider expressly rejects the inclusion of any of the Customer’s terms and conditions, unless agreed otherwise between the Parties in writing.
1.3 An entrepreneur under these conditions is a natural person, a legal entity or a partnership with legal capacity that, when concluding a legal transaction, is exercising their commercial or independent professional activities.
1.4 The Provider offers products and services related to energetic wellbeing, energy flows, energetic space clearing, design, interiors and accessories, and meditation and intuition. The Provider hereby expressly advises the Customer not to postpone or discontinue any ongoing treatment. The Customer shall assume full responsibility for doing so. Participation in seminars, remote consultations or other individual services, and the use of the products sold, are not intended as a substitute for a doctor, psychotherapist or alternative practitioner. Neither the services nor the products offered constitute medical treatment.
1.5 Should individual provisions of these terms and conditions be found to be void or invalid, this shall not affect the validity of the remaining provisions. The Parties undertake to replace any void or invalid provisions with valid ones that most closely reflect the legal and economic content of the void or invalid provisions. This regulation shall apply accordingly in case of a loophole.
2. Offer and conclusion of the contract
2.1 in the online shop
2.1.1 The presentation of products in the online shop is not a legally binding offer, but rather a non-binding online catalogue.
2.1.2 A sales contract is concluded for purchases made using the online shop when the Provider accepts the Customer’s order. The Customer places their chosen goods in the shopping bag by clicking the ‘Buy Now’ or ‘Add to Bag’ button. The Customer has the opportunity to modify selections in the shopping bag before clicking the ‘Checkout’ button and entering their address and selecting their preferred payment method. The Customer then clicks the ‘Place order’ button to place a binding order for the items in the shopping bag. The Customer may make corrections at any time before submitting a binding order. The Customer has the opportunity to review all of the information entered again before they enter their payment details and before the order becomes final. The Customer receives an email confirming receipt and acceptance of the order.
2.1.3 Once the order is confirmed, the Provider shall send the Customer the contract text, these GTCs and the cancellation policy. The contract text shall be stored by the Provider.
2.2 at trade fairs, markets and pop-up stores
2.2.1 The presentation of the products at markets and trade fairs is not a legally binding offer, but rather a non-binding invitation to make an offer.
2.2.2 The contract is concluded when the Customer makes a binding offer to purchase and the Provider accepts this offer.
2.3 via etsy.com
2.3.1 The Customer selects their chosen goods by adding them to the basket. Once they have added all the goods they wish to purchase, the Customer confirms their choice by clicking ‘Proceed to checkout’. The page headed ‘Please confirm and submit your order’ shows the Customer a summary of the details entered. From this page, the Customer can submit an order request to the Provider by clicking ‘Pay Now’. At any time before this, the Customer may go back to previous steps in the ordering process to amend the information entered, or may cancel the order completely.
2.3.2 The Provider makes a binding offer to sell the items shown in its shop. By clicking ‘Pay Now’ and submitting an order request, the Customer accepts this offer. The Provider shall confirm conclusion of the contract by email (contract confirmation).
2.3.3 Etsy stores the content of the contract concluded (the contract text) in the Provider’s Etsy account, which the Customer cannot access. If the Customer places the order as a logged-in user and not as a guest, Etsy also stores the content of the concluded contract in the Customer’s Etsy account; this can be accessed under ‘Purchases and reviews’ in the ‘You’ menu. The Customer always receives an email containing the contract text. The Provider does not store the contract text itself or make it accessible outside of the Etsy portal.
2.4 via Instagram and Facebook
2.4.1 The Customer may send the Provider a non-binding request to submit an offer by email or using the Instagram messaging function. At the Customer’s request, the Provider shall send the Customer a binding offer in writing (e.g. by email) to sell the goods already selected by the Customer from the product range.
2.4.2 The Customer may accept this offer within seven days of receipt by sending the Provider a declaration of acceptance by email or via the Instagram messaging function or by paying the purchase price offered by the Provider; the acceptance period does not include the day on which the offer is received. Acceptance by making a payment is deemed to take place on the day on which the Provider receives the payment. If the last day of the acceptance period falls on a Saturday, a Sunday or an official public holiday at the Customer’s place of domicile, the acceptance period shall instead end on the next working day. If the Customer does not accept the Provider’s offer within the aforementioned period, the Provider shall no longer be bound by the offer and shall once again be free to dispose of the goods. The Provider shall specifically remind the Customer of this fact in its offer.
2.4.3 In-app shopping via Instagram
Goods may be displayed directly in a post or story using Instagram in-app shopping. The Customer can use shopping tags to view the product on the company website in just a few clicks and complete the order process there to purchase the product. Product data is stored in Facebook Business Manager. The company profile on Instagram is then linked to Facebook, and products can be viewed and selected in the Instagram app.
2.5 using Acuity Scheduling
2.5.1 The Provider uses Acuity Scheduling to plan appointments. The Customer can search for appointments directly on the Provider’s website or via Acuity Scheduling, then confirm the same by providing their name, full address, telephone number and email address.
2.5.2 The binding appointment booking is confirmed by clicking ‘Complete Appointment’, and the Customer receives confirmation by email.
3. Prices and payment terms
3.1 The agreed prices shall apply. These prices are inclusive of VAT at the statutory rate but do not include shipping and packaging costs for sales of goods, or travel costs and expenses for service bookings; the Customer shall be notified of such costs in advance.
3.2 Delivery is currently only available to countries within the European Union. The Customer can find exact shipping costs in the information provided when ordering.
3.3 Delivery within Germany costs EUR 4.90 for orders under EUR 55. Delivery is free of charge for orders of EUR 55 or more delivered within Germany. Delivery to other EU countries, Switzerland and Monaco costs EUR 14.90 for orders under EUR 135. Delivery is free of charge for orders of EUR 135 or more delivered to other EU countries, Switzerland and Monaco. All orders are delivered to the Customer. The Customer cannot, unfortunately, collect the goods.
3.4 Taxes, fees and duties, which are not included in the total price displayed, may be levied on deliveries to addresses abroad.
3.5 The Customer can choose from the following payment options:
3.5.1 Gift cards
The Customer can enter a gift card code by clicking ‘Redeem your code’, then clicking ‘Checkout’ to begin the payment process. The Customer can see the amount deducted on the order overview page and place the order.
3.5.2 Bank transfer
The payment details are sent to the Customer, and the Customer transfers the amount due to the Provider’s account.
3.5 3 Credit card via Stripe (Visa, Mastercard, American Express, Discover, JCB, Diners Club, China UnionPay)
The Customer enters their credit card details when placing the order. Once verification has been completed to confirm that the Customer is the legitimate cardholder, the Provider immediately requests the payment from the Customer’s credit card company. The payment transaction is executed automatically by the credit card company and charged to the Customer’s credit card.
During the ordering process, the Customer is redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, the Customer must be registered with PayPal, or register for a new PayPal account, verify themselves with their login credentials and confirm the payment instruction to the Provider. However, it is also possible to make a guest checkout payment via PayPal. Once the order has been placed in the shop, the Provider asks PayPal to initiate the payment transaction. The Customer is provided with further information during the ordering process. The payment transaction is then automatically conducted by PayPal.
3.5.5 SEPA direct debit
When placing the order, the Customer gives the Provider a SEPA direct debit mandate. The Customer is informed of the date on which payment shall be taken (known as ‘pre-notification’). On submission of the SEPA direct debit mandate, the Provider asks its bank to initiate the payment transaction. The payment transaction is executed automatically and the Customer’s account is debited. The account is debited after the goods are dispatched. Ten days’ notice must be given of the date on which the account shall be debited (known as the ‘pre-notification period’).
3.6 If the Customer does not make the payment on time, the Provider may claim compensation in accordance with the statutory provisions and/or withdraw from the contract.
3.7 The Provider always issues the Customer with an invoice, which is provided when the goods are delivered or otherwise sent in writing.
4. Delivery and transfer of risk
4.1 In the absence of a contractual agreement to the contrary, the goods ordered shall be delivered to the address given by the Customer. The goods are dispatched from the Provider’s warehouse. The Provider reserves the right to make a partial delivery if doing so is deemed to allow fast processing of the order in question and if doing so is not exceptionally unacceptable to the Customer. The Customer shall not be charged additional costs incurred as a result of partial deliveries.
4.2 The item descriptions show the availability of each individual product. Unless stated otherwise in the item description, delivery generally takes seven working days from conclusion of the contract.
4.3 The Provider reserves the right to withdraw from its obligation to fulfil the contract if the goods are due from a supplier on the delivery date and all or part of the delivery from the supplier does not materialise. This reservation of timely and correct supply of incoming goods does not apply if the Provider is responsible for the delivery from the supplier not being made. The Provider is not responsible for non-performance if it has in good time concluded a congruent hedging transaction with the supplier to fulfil its contractual obligations. If the goods are not delivered, the Provider shall immediately notify the Customer of the situation and refund the purchase price and shipping costs paid.
4.4 The risk of accidental loss and accidental deterioration of the goods passes to the Customer on handover at the latest. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred on conclusion of a contract of sale involving the carriage of goods, and the risk of delay is transferred on handover of the goods to the carrier, freight forwarder or other person engaged to ship the goods.
5. Default of payment and acceptance
5.1 During default of payment, the Customer is liable for all negligence and for the accidental loss of goods made available or already delivered by the Provider.
5.2 If the Customer does not accept properly supplied or delivered goods – except by exercising any right of cancellation when purchasing consumer goods – the Customer shall be deemed to be in default of acceptance. The Customer shall pay the additional costs incurred as a result of default of acceptance, such as additional shipping costs arising due to multiple delivery attempts being made, or any storage or administrative costs incurred. On default of acceptance, the Provider ceases to be responsible for simple negligence. If the Customer seriously and definitively refuses to accept the goods without justification, the Provider may withdraw from the contract and, in particular, may assert its right to claim compensation for loss of profits.
6. Retention of title, rights of retention
6.1 The Provider retains ownership of the delivered goods until all receivables arising from the contract are settled; if the Customer is a legal entity under public law, a special public fund or an entrepreneur exercising their commercial or independent professional activity, this also includes the payment of all amounts due to the Provider arising from the ongoing business relationship in connection with the contract.
6.2 The Customer is only authorised to exercise a right of retention to the extent that the counter-claim arises from the same contractual relationship.
7. Liability for material defects and defects of title when purchasing goods
7.1 If defects are present, the Customer has statutory warranty rights in accordance with the provisions below. If the contract only involves businesses, Section 377 et seq. of the German Commercial Code (HGB) also apply.
7.2 Losses suffered due to improper storage of the goods by the Customer do not give rise to any warranty claim against the Provider.
7.3 If goods arrive with visible damage to the packaging or its contents, the Customer shall, without prejudicing their warranty rights, complain to the carrier/freight service and contact the Provider by email or telephone so that the Provider can protect its rights in relation to the carrier/freight service.
7.4 The Customer must notify the Provider of defects within a warranty period of two years. If the Customer is an entrepreneur, a warranty period of one year applies.
7.5 The aforementioned shortening of the period does not apply if the Provider fraudulently conceals a defect or has provided a guarantee with respect to the quality of the goods, and does not apply to claims asserted by the Customer for compensation for personal injury or harm to health due to a defect for which the Provider is responsible or resulting from intent or gross negligence on the part of the Provider or its vicarious agents.
7.6 If defects are present and claims are asserted for these defects in good time, the Provider is entitled to rectify the defect. If such subsequent performance fails, the Customer may reduce the purchase price or withdraw from the contract. The statutory provisions apply in all other respects.
8. Exclusion of liability
8.1 Other than liability for material defects and defects of title, the Provider assumes unlimited liability for breaches of duty giving rise to liability caused intentionally or through gross negligence. In cases of slight negligence, the Provider shall be liable only in the event of a breach of essential contractual obligations or cardinal obligations, and the Provider’s liability is limited to the damage typical of the contract that is foreseeable on conclusion of the same. The Provider assumes no liability for slight negligence other than the aforementioned obligations.
8.2 The limitations of liability set down in the preceding paragraph do not apply in case of loss of life, physical injury or harm to health, to defects arising after a product quality guarantee is given, or in case of fraudulently concealed defects. This does not affect liability under the German Product Liability Act.
8.3 If the Provider’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
9. The Customer’s obligations as part of the services offered
9.1 The methods proposed and applied are always intended to enhance the Customer’s wellbeing and to improve the energy of spaces to be cleared. However, the Customer is obligated to take responsibility for recognising their own limits and informing the Provider in good time.
9.2 Furthermore, the Customer undertakes to provide accurate information about themselves and/or the properties to be cleared.
9.3 Before the Provider commences work, the Customer shall obtain the consent of any third parties that could be affected by the Provider’s services and confirm to the Provider that consent has been obtained. In particular, parties affected by the service could include employees, residents of the same household, or the Customer’s partner or family members.
10 Contract term and termination
10.1 The term of the contract is set down in the individual contract.
10.2 The contract may be terminated without notice for due cause. Examples of due cause include the following situations:
– The Customer is in arrears by two consecutive payments and has not made said payments even after a reasonable grace period has elapsed
– The Customer falls into financial difficulties following conclusion of the contract (inability to pay, insolvency) unless an application has already been made to institute insolvency proceedings
10.3 Notice must be given in writing to be valid.
11. Copyright and usage rights
11.1 All services rendered by the Provider – including presentations, project outlines, project documents, concepts, plans, layouts and similar documentation – are subject to the German Copyright Act. The Parties agree that all services are subject to the protection of the provisions set down in copyright legislation, even if the prerequisites for protection, such as the originality threshold, are not met in an individual case. It is agreed that, in such a case, Section 31 et seq. and Section 97 et seq. of the German Copyright Act shall apply in particular.
11.2 The Provider’s work (especially its online courses and exercises) may only be used for the agreed type of use, for the agreed purpose and to the agreed extent. The Customer purchases the right to use the work for the intended purpose by paying the fee. Subsequent re-use (reprinting) or multiple use (e.g. for another product) are subject to payment of a fee; such use requires the Provider’s express consent. The usage rights granted may be transferred to third parties only with the Provider’s express consent. The Provider has a right to request information about the scope of use. Unless agreed otherwise, the Provider retains rights of use to work that has still not been paid for on termination of the contract.
11.3 In particular, the Customer shall not be given the source code unless this has been explicitly agreed between the Parties. If it has been agreed that the source code shall be provided, the Customer is only granted a simple right of use to the source code.
12. Cancellations and changes to bookings
12.1 Customers may cancel confirmed booking requests for paid services subject to the conditions set down under Point 2.
12.2 A fee of 100% of the price of the booking may be charged for cancellations made at any time.
12.3 There is no charge to cancel or change bookings for free services.
13. Data protection
13.2 The Customer is entitled to withdraw their consent at any time with effect for the future. In this case, the Provider is required to immediately erase the Customer’s personal data. If orders are ongoing, this erasure shall take place after the order process has been completed. The same applies in the case of services to be provided.
14. Applicable law, place of jurisdiction and dispute resolution
14.1 The business relationship between the Provider and the Customer is subject to the law of the Federal Republic of Germany. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions set down in the law of the country that the consumer is habitually resident in. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
14.2 If the Customer is a businessperson, legal entity under public law or special public fund, the place of jurisdiction is Berlin. The same applies if the Customer has no general place of jurisdiction in Germany, or if their domicile or habitual residence is not known when proceedings are instituted.
14.3 Consumers have the option of using an alternative dispute resolution procedure. The European Commission provides an online dispute resolution (ODR) platform, which is available to the Customer at https://ec.europa.eu/consumers/odr/. This platform provides information about online dispute resolution and facilitates the out-of-court settlement of disputes arising from online sales contracts or online service contracts.
14.4 The Provider is also willing to participate in out-of-court arbitration proceedings before a consumer dispute arbitration board. The competent body is the general consumer arbitration board of Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, verbraucher-schlichter.de.
15. Right of cancellation and cancellation policy
15.1 If the Customer is a natural person entering into a contract with the Provider for a purpose that cannot be predominantly attributed to a commercial or independent activity (a consumer), they have a right of cancellation.
|Right of cancellation|
|You have the right to cancel this contract within 14 days without any need to state reasons for doing so.|
|The 14-day cancellation period commences from the date on which the contract was concluded (for a service) or the date on which you or a third party appointed by you, who is not the carrier, took possession of the goods (for a purchase).|
|To exercise your right of cancellation, you must inform us (Crony & Lore GmbH, Boxhagener Strasse 111, 10245 Berlin, email: firstname.lastname@example.org) of your decision to cancel this contract by making a clear declaration (e.g. a letter sent by post or an email). While you are welcome to use the attached sample cancellation form for this purpose, doing so is not mandatory.|
|The cancellation period shall be deemed to have been met if you send the notification that you are exercising your right of cancellation before the cancellation period elapses.|
|Consequences of cancellation|
|If you cancel this contract, we shall refund all payments that we have received from you, including delivery costs (except additional costs incurred due to you choosing any shipping method other than the cheapest standard delivery we offer), without delay and within 14 days of receiving your notification that you are cancelling the contract at the latest. Unless expressly agreed otherwise with you, this refund shall be performed using the payment method you used for the original transaction; you shall never be charged for this refund. We may withhold the refund until the goods have been returned to us or until you have supplied evidence proving that you have sent back the goods, whichever happens first.|
|You must send back the goods or hand them over to us without delay, and in any case within 14 days of the date on which you notify us that you are cancelling this contract. The deadline shall be deemed to have been met if you send the goods before the 14-day period elapses. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in the goods’ value where the same is as a result of handling beyond that necessary to ascertain the quality, properties and functionality of the goods.|
|If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount to cover the portion of the services already provided, relative to the overall scope of the services provided for in the contract, up until such time that you notify us of your decision to exercise your right of cancellation.|