1.1 These General Terms and Conditions ( hereafter " GTC ") of Trend New Concept and Development GmbH, Bgm.-Panzer-Str. 10, 83629 Weyarn (hereafter " Seller ") apply to all contracts between a consumer or businessman (hereafter " Customer ") and the Seller with regard to the goods presented by the Seller on the Internet trading platform Amazon.de (hereafter " Amazon"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of GTC is any individual who completes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Signing of a Contract
2.1 The seller's product descriptions displayed on Amazon do not represent 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 shopping cart system integrated into Amazon or - if available in the respective product description - via the 1-Click® buy function.
2.2.1 When placing an order via the shopping cart system, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the "Buy now" button in the final step of the ordering process. The customer must go through the following technical steps: The customer first places the goods in the online shopping cart by clicking the "Add to shopping cart" button and then clicks the "Checkout" button. In the next step, the customer must log in to his Amazon customer account or must set-up a new account for the first time by entering his e-mail address and password. In the next step, the customer must select the preferred shipping method and click the "Buy Now" button to complete the order.
2.2.2 In the case of an order via the 1-Click® purchase button, the customer submits a legally binding contractual agreement by clicking the button "Buy now with 1-Click®" with regard to the selected quantity of goods on the respective article detail page. The customer must go through the following technical steps: In the first step, the customer logs into Amazon. In the second step, the customer activates the 1-Click® buy function. After logging in, the customer simply clicks on the "My account" button and then opens the "1-Click® settings check or change" link in the "Settings" section of the page. In the third step, the customer enters an address there. In the fourth step, the customer enters the data required for the "direct debit" payment method or the "credit card payment" payment method. In the fifth step, the customer clicks on the button "Activate 1-Click®" on the page "Manage addresses and 1-Click® settings". Now he clicks in the sixth step back to the article page. In the seventh step, the customer selects the desired delivery address from the 1-Click® pull-down menu when selecting an item. In the eighth step he clicks on the button "Buy now with 1-Click®".
2.3 Immediately after submitting his or her order, the customer receives a confirmation e-mail from Amazon informing him or her that the seller has received the offer. The seller can accept the customer's offer within two days - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail) or by having it sent by Amazon, whereby the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer or having them delivered by Amazon, whereby the receipt of the goods by the customer is decisive, or - by requesting payment from the customer after placing the order or by having Amazon request payment from the customer, or - if payment is offered by direct debit and the customer chooses this method of payment, by collecting the total price from the customer's bank account or by having Amazon collect the total price, whereby the point in time at which the customer's account is debited is decisive. If several of the aforementioned alternatives exist, the contract shall come into effect at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the second day following the dispatch of the offer.
The deadline of accepting the offer begins one day after sending the offer to the customer and ends the second day after sending 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 placing an order via Amazon's shopping cart system, the customer can recognize possible input errors before binding submission of the order by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries continuously via the usual keyboard and mouse functions before binding submission of the order within the context of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. When placing an order using the 1-Click® buy function, the order process is completed after pressing the "Buy now with 1-Click®" button. A correction of input errors is no longer possible from the time the button "Buy now with 1-Click®" is pressed.
2.5 The order processing and establishing of contact take place by email and automatized order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller or by Amazon on behalf of 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 Amazon on behalf of the seller can be delivered.