General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Reservation of Proprietary Rights
- 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 Vendors (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby rejected unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise regulated. In this case, in addition to the delivery of the goods, the Seller owes the provision of digital content or digital services (hereinafter "digital products") which are contained in 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 regulated. Digital content within the meaning of these GTC are data produced and provided in digital form.
1.4 For contracts for the delivery of tickets, these GTC apply accordingly, unless something different is explicitly regulated. These GTC only regulate the sale of tickets for specific events described in the seller's item description and not the execution of these events. The execution of the events is exclusively subject to the legal provisions in relation to the participant and the organizer and, if applicable, deviating conditions of the organizer. Unless the seller is also the organizer, he is not liable for the proper execution of the event; the respective organizer is solely responsible for this.
1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible 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 do not represent binding offers on the part of the seller but are intended to submit 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 contractual offer concerning the goods contained 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 payment from the customer after placing his order.
If several of the aforementioned alternatives are present, the contract comes into effect when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends on the fifth day after the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 After the conclusion of the contract, the seller stores the contract text and sends it to the customer in text form (e.g., email, fax, or letter) after sending the customer's order. The seller does not make the contract text accessible beyond this. If the customer has set 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 using his password-protected user account by providing the corresponding login data.
2.6 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully 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 which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 The German language is exclusively 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 emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
As a consumer, the customer has a right of withdrawal in accordance with the statutory provisions. If the customer is an entrepreneur, the right of withdrawal and return does not apply.
4) Prices and Payment Conditions
4.1 The prices stated by the seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Various payment methods are available to the customer, which are specified in the seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. By way of derogation, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the delivery to the customer fails because the customer has provided the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer bears the direct costs of the new delivery. These costs correspond to the shipping costs agreed upon conclusion of the contract.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods is only transferred to the customer or a person authorized to receive them when the goods are handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods is also transferred to the consumer when the goods are handed over if the consumer himself has commissioned the transport company and the seller has not previously named this person or institution to the consumer as the person commissioned to carry out the shipment.
5.5 If the customer is an entrepreneur, it is his responsibility to clarify and report any transport damage to the seller. If the customer is a consumer, he is requested to report any transport damage to the seller, although non-compliance with this request has no effect on his legal or contractual claims for defects.
6) Reservation of Proprietary Rights
If the seller advances the goods before payment, he reserves the right to ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply.
8) Applicable Law
All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office 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 place of 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. In the above cases, however, the seller is in any case entitled to call the court at the customer's place of business.
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 in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.