General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Baltic iHub GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise stipulated. The Seller is obliged to deliver the goods along with providing digital content or digital services (hereinafter "digital products") contained or associated with the goods in such a way that the goods cannot fulfill their functions without them.
1.3 For contracts for the delivery of physical data carriers that exclusively serve as carriers of digital content, these GTC apply accordingly, unless otherwise stipulated. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.4 For contracts for the delivery of tickets, these GTC apply accordingly, unless otherwise expressly stipulated. These GTC only regulate the sale of tickets for specific events described in detail by the Seller and not the execution of these events. Legal provisions between the participant and the organizer, and possibly differing conditions of the organizer, apply exclusively to the execution of the events. If the Seller is not also the organizer, he is not liable for the proper execution of the event, for which only the respective organizer is responsible.
1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop are not binding offers on the part of the Seller but serve the purpose of submitting a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer concerning the goods in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller can accept the customer's offer within five days by:
- sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or
- requesting the customer to pay after submitting his order.
If one of the above alternatives occurs first, the contract comes into effect at that moment. The period for accepting the offer starts the day after the customer sends the offer and ends five days after sending the offer. If the Seller does not accept the customer's offer within this period, this is deemed a rejection of the offer, meaning the customer is no longer bound by his statement of intent.
2.5 After the conclusion of the contract, the Seller saves the text of the contract and sends it to the customer in text form (e.g., email, fax, or letter) after the customer submits his order. The Seller does not make the contract text available beyond this. If the customer sets up a user account in the Seller's online shop before sending his order, the order data is archived on the Seller's website and can be accessed free of charge by the customer via his password-protected user account using the respective login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the customer can identify potential input errors by reading the information displayed on the screen attentively. An effective technical means for better recognizing input errors can be the browser's zoom function, with which the display on the screen can be enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that the emails sent by the Seller can be received at this address. Particularly when using SPAM filters, the customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers essentially have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.
3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides a specific date or period. Subsequently, the right of withdrawal is also excluded for contracts that involve the sale of tickets for date-bound leisure events.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the indicated prices are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and which are borne by the customer. These include costs for money transfers by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery does not take place 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 online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the payment method "SOFORT", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT", and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the "Stripe" payment service, the payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. Stripe may use other payment services for processing payments, which may have special payment terms that the customer may be separately informed about. Further information about Stripe can be found online at https://stripe.com/de.
4.7 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to decline this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery is made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, if the customer effectively exercises their right of withdrawal, the provision made in the seller's withdrawal instructions applies.
5.3 If the customer acts as a businessperson, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller delivers the item to the forwarder, carrier, or person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive them upon handover. However, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarder, carrier, or person or institution otherwise designated to carry out the shipment if the customer has commissioned the forwarder, carrier, or person or institution otherwise designated to carry out the shipment and the seller has not previously named these parties to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller, and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Tickets are made available to the customer as follows:
- by download
- by email
6) Retention of Title
If the seller provides an advance, he retains ownership of the delivered goods until the owed purchase price has been fully paid.
7.1 Unless otherwise specified in the following regulations, the statutory warranty provisions apply. However, different conditions apply for contracts involving the delivery of goods:
7.2 If the customer acts as a businessperson:
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not start anew if a replacement delivery is made as part of the warranty.
7.3 The aforementioned liability limitations and shortened periods do not apply:
- for the customer's claims for damages and compensation,
- in case the seller has maliciously concealed the defect,
- for goods which, according to their typical use, have been used for a building and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for businesspeople, the legal limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant according to § 1 HGB, he is subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to make the notifications stipulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, they are asked to report any obvious transport damage to the delivery person and inform the seller. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.
8) Applicable Law
8.1 All legal relationships of the parties are subject to the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
8.2 Moreover, this choice of law regarding the statutory right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is always entitled to call the court at the customer's location.
10) Alternative Dispute Resolution
10.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.