General terms and conditions with customer information
Table of contents
- scope
- conclusion of the contract
- right of withdrawal
- Prices and payment terms
- delivery and shipping conditions
- retention of title
- liability for defects (warranty)
- Liability
- redemption of gift vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Özgür Esen, trading under "Anna Lena Kückmann" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these General Terms and Conditions 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.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com /de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 If you select the payment method "Amazon Payments", the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de /help /201751590 If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will 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 their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. 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.
2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact are usually carried out 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
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Sales tax is not charged, as the Seller is exempt from sales tax as a small business. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If you select a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by instalments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the test result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.5 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", must identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will then be processed immediately by "SOFORT" and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com /sofort/ retrieve.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by 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 Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.
4.7 When selecting a payment method offered via the "mollie" payment service, payment processing will be carried out by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information about "mollie" is available online at https://www.mollie.com /de / available.
4.8 If a payment method offered via the "Ratepay" payment service is selected (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment), payment processing will be carried out by Ratepay GmbH, Franklinstrasse 28-29, 10587 Berlin (hereinafter "Ratepay"), to which the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller will be communicated to the Customer on the Seller's website. The Customer can only make payments to Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes). Otherwise, Ratepay's General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/
4.9 When selecting a payment method offered via the "VR Payment" payment service, payment processing will be carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment will be communicated to the customer in the seller's online shop. To process payments, VR Payment may use the services of third-party payment service providers, for which special payment terms may apply, to which the customer will be informed separately if necessary. Further information on "VR Payment" is available online at https://www.vr-payment.de/onlinehandel#article-878 available.
4.10 When selecting a payment method offered via the "Commerz Global Pay" payment service, payment processing will be carried out by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter: "Commerz Global Pay"). The individual payment methods offered via Commerz Global Pay will be communicated to the customer in the seller's online shop. Commerz Global Pay may use the services of third-party payment service providers to process payments, for which special payment terms may apply, to which the customer will be informed separately if necessary. Further information on "Commerz Global Pay" is available online at https://www.commerz-globalpay.com /de-de /solutions /e-commerce available.
4.11 If you select the payment method “purchase on account” via secupay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to secupay SA, 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag) within 14 (fourteen) days of receipt of the invoice. The payment method “purchase on account” requires a successful credit check by secupay SA. If the customer is permitted to purchase on account after a credit check, the payment will be processed in cooperation with secupay SA, to which the seller assigns its payment claim. In this case, the customer can only make payments to secupay SA with debt-discharging effect. Even if you select the payment method “purchase on account” via secupay, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.12 If you select the payment method "purchase on account" via Billie, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Billie GmbH, Charlottenstraße 4, 10969 Berlin, within the payment period specified on the invoice. Purchase on account via Billie is only available to businesses and requires a successful credit check by Billie GmbH. If the customer is permitted to purchase on account after a credit check, the payment will be processed in cooperation with Billie GmbH, to which the seller assigns its payment claim. In this case, the customer can only make payments to Billie GmbH with debt-discharging effect. Even if you select the payment method "purchase on account" via Billie, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, or credit notes. In all other respects, the general terms and conditions of Billie GmbH apply ( https://www.billie.io/agb). The seller reserves the right to offer the payment method "purchase on account" only for orders up to a certain amount, and to reject this payment method if the order volume falls below or exceeds the specified amount. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.
4.13 If the payment method "purchase on account" via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal"), the operator of the BillSAFE payment service. The payment method "purchase on account" requires a successful credit check by PayPal. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with PayPal, to which the provider assigns its payment claim. In this case, the customer can only pay to PayPal with debt-discharging effect. Even if the payment method "purchase on account" via BillSAFE is selected, the provider remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. In all other respects, BillSAFE's General Terms and Conditions apply, which the customer can access and must confirm during the ordering process. The seller reserves the right to only offer the payment method "purchase on account" up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.14 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. Payment by invoice requires a successful credit check by Klarna AB. If, after a credit check, the customer is permitted to pay by invoice, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. In all other respects, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to only offer payment by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.15 If the payment method "PayPal Invoice" is selected, the seller assigns its payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative check result. If the "PayPal Invoice" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and returns, or credit notes. In addition, the General Terms and Conditions for the Use of PayPal's Purchase on Account apply; these can be viewed at https://www.paypal.com /de /webapps /mpp /ua /pui-terms .
4.16 If the payment methods "Direct Debit via iPayment" or "Credit Card via iPayment" are selected, payment processing will be carried out via the iPayment payment system of 1&1 Internet AG, which forwards the customer's payment request to the respective payment provider. The general terms and conditions of the respective payment provider apply to payment processing, which the customer can read and accept as part of the electronic payment process. The payment methods "Direct Debit via iPayment" or "Credit Card via iPayment" are subject to the respective payment provider's acceptance of the customer's payment request.
4.17 If you select direct debit as your payment method, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If the customer is permitted to use direct debit after a credit check, payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"), to which the seller assigns its payment claim. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payments can only be made to net-m privatbank 1891 AG with debt-discharging effect. The direct debit will be processed when the ordered goods leave the seller's warehouse. Even if the payment method selected is direct debit via Masterpayment, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.18 If you select direct debit via Novalnet, payment will be processed by Novalnet AG (hereinafter "Novalnet") on behalf of the seller. In this case, payment will be made by direct debit from the customer's bank account, provided the customer has previously granted the seller a SEPA mandate. The purchase price will be debited from the customer's bank account one banking day after Novalnet completes the order. The pre-notification period is reduced to one day. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if this is their responsibility.
4.19 If SEPA Direct Debit is selected as the payment method, payment processing will be handled by the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg, or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. The invoice amount is due after the SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA Direct Debit. If the customer is a consumer, the period for advance information is reduced to five days for initial direct debits and to two days for subsequent direct debits. If the customer is a business, the period for advance information is reduced to one day for both initial and subsequent direct debits. The period for advance information begins on the following day and ends on the fifth day for consumers in the case of initial direct debits, on the second day for subsequent direct debits, and for businesses on the day following the advance information. If the last day of the period falls on a Saturday, a Sunday, or a public holiday recognized by the state at the customer's place of business, the next working day takes the place of such a day. If the direct debit is not honored due to insufficient account funds or because incorrect bank details were provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if they are responsible for this.
4.20 If direct debit is selected as the payment method, payment processing will be carried out by PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this. Even if the payment method selected is direct debit via PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.21 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.
4.22 If the payment method "Direct Debit via Ratepay" is selected, payment processing will be carried out by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "Ratepay"). The customer grants Ratepay a SEPA direct debit mandate and instructs their bank to honor due direct debits. The customer must ensure that their current account has sufficient funds. If the current account does not have the required funds, the account-holding bank is not obliged to honor the payment. Ratepay reserves the right to conduct a credit check. If the customer is permitted to pay by direct debit, the payment will be processed via Ratepay, to which the seller assigns their payment claim. The customer can only make payments to Ratepay with debt-discharging effect. The seller nevertheless remains responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes). Otherwise, Ratepay’s general payment terms apply, which can be found here: https://www.ratepay.com /legal-payment-terms /#ratepay-lastschrift
4.23 If the payment method is direct debit, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is permitted to use direct debit after a credit check, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The direct debit will be processed immediately after the customer submits the order in the online shop. Even if the payment method selected is direct debit via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.24 If you select the direct debit payment method via Stripe, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.
4.25 If the payment method is selected as direct debit via Unzer, payment processing will be carried out by the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"), to which the Seller assigns its payment claim. Before accepting the Seller's declaration of assignment, Unzer will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method of direct debit via Unzer if the result of the check is negative. If the payment method of direct debit via Unzer is approved by Unzer, Unzer will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
The payment method direct debit via Unzer is excluded,
- if the order value is less than 10.00 euros,
- if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is provided as the delivery address, or
- if the customer is under 18 years of age.
The seller also reserves the right to only offer the direct debit payment method via Unzer up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.26 If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer submits the order in the online shop. Even if credit card payment is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.
4.27 If credit card is selected as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer submits the order in the online shop. Even if credit card payments are selected via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation notices and shipments, or credit notes.
4.28 If you select the 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 conduct a credit check and reject this payment method if the credit check is negative.
4.29 If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller 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.
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 to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. 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.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- via download
- by email
- by post
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- 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;
- In the case of used goods, rights and claims due to defects are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer is a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.3 The limitations of liability and shortening of deadlines set out above shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual use 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 entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.
9.7 The balance of a gift voucher will not be paid out in cash or bear interest.
9.8 The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11) Alternative dispute resolution
11.1 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.