Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership that acts in exercise of their commercial or independent professional activity when entering into a legal transaction.
2. Contract Formation
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve as the basis for the customer to make a binding offer.
2.2 The customer can place an order through the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button that concludes the ordering process, the customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer verbally by telephone, fax or email to the seller.
2.3 The seller may 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 shall be decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract shall be concluded at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends upon expiry of the fifth day following the dispatch of 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 result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects a payment method offered by PayPal, payment processing shall be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal Terms of Use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable in the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button concluding the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and transmitted to the customer after submission of their order in text form (e.g. e-mail, fax or letter). The seller does not provide any further access to the contract text beyond this. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by providing the appropriate login details.
2.6 Before binding submission of the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button concluding the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and communication typically take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure, especially when using SPAM filters, that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the withdrawal policy of the seller.
3.3 The right of withdrawal does not apply to consumers who are not resident in a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices including statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. tariffs). Such costs may also arise in relation to money transfers even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method/s will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.6 When selecting the payment method "PayPal Direct Debit", PayPal will collect the invoice amount from the customer's bank account on behalf of the seller following the provision of a SEPA Direct Debit mandate, but not before the deadline for advance notification has expired. Advance notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the customer that announces a charge by SEPA Direct Debit. If the direct debit is not honoured due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
5. Delivery and Shipping Terms
5.1 Goods are delivered by post to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is authoritative.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the initial shipment if the customer effectively exercises his right of withdrawal. For return shipping costs, if the customer effectively exercises his right of withdrawal, the provision made in the seller's withdrawal notice shall apply.
5.3 The seller reserves the right to withdraw from the contract in the event of improper or irregular self-supply. This applies only in cases where the non-delivery is not the seller's responsibility and the seller has concluded a concrete covering transaction with the supplier with due care. The seller will make all reasonable efforts 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.
5.4 Self-collection is not possible for logistical reasons.
6. Retention of Title
7. Warranty for Defects
7.1 If the goods purchased are defective, the provisions of statutory warranty for defects apply.
7.2 If the customer is a consumer, the customer is requested to claim any goods delivered with obvious transport damage from the carrier and to notify the seller accordingly. If the customer fails to do so, this has no effect on the customer's statutory or contractual rights regarding defects.
8. Applicable Law
8.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws relating to the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
8.2 Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who are not residents of a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
9. Jurisdiction
10. Alternative Dispute Resolution
10.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2 The seller is not obligated to participate in dispute resolution proceedings before a consumer mediation body, but is willing to do so.
