General terms and conditions with customer information

Table of Contents

  • Scope of the GTC
  • retention of title
  • Delivery, availability of goods
  • Right of withdrawal
  • Warranty and liability
  • Arbitration and consumer dispute resolution

1. Scope of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as as “Terms and Conditions”).
  2. Deviating conditions of the customer are not recognized, not even if the seller renders his service without objection, unless the seller expressly agrees to the validity of the customer’s deviating conditions.
  3. “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their self-employed professional activity.
  4. “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
  • Payment in advance – If payment in advance by means of a bank transfer has been agreed, the payment amount is due upon conclusion of the contract, subject to an express agreement to the contrary. The seller informs the customer of his bank details. The delivery will take place after the payment. If the advance payment is not received by the seller by a period of calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences.
  • Purchase on account – The invoice amount is due after the product has been delivered and invoiced and must be paid by the customer within 14 days without deduction by payment to the seller’s bank account, unless otherwise agreed. The payment method purchase on account is only available up to an invoice amount of EUR.
  • PayPal – The payment is made via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) using the type of PayPal provided or selected by the customer -Payment made. Customers are forwarded directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal Terms of Use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal’s services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  • PayPal Plus (PayPal) – The customer must have a PayPal account and uses the PayPal transaction process to pay the amount owed.
  • PayPal Plus (direct debit) – The customer can pay using PayPal’s direct debit procedure even if he does not have a PayPal account. The customer gives PayPal a SEPA direct debit mandate. With the issuance of the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, whereby the customer’s bank account is automatically debited. The customer will be informed of the date of the debiting of the bank account (referred to as “Pre-Notification”).
  • PayPal Plus (credit card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The customer must identify themselves as the legitimate cardholder in order to carry out the payment before the payment transaction is carried out and the customer’s account is automatically debited.
  • PayPal Plus (purchase on account) – The customer can also make a purchase on account via PayPal if he does not have a PayPal account. Prerequisite is a successful check of the address and the creditworthiness of the customer by PayPal. The seller assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected or specified payment term of PayPal. PayPal’s terms of use apply to purchases on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
  • PayPal installment payment – Prerequisite for an installment payment via PayPal is a successful check of the address and the creditworthiness of the customer by PayPal. The seller assigns his payment claim against the customer to PayPal. A debt-discharging payment can only be made to PayPal in accordance with the PayPal conditions.

2. Retention of Title

If the seller pays in advance, the delivered products remain the property of the seller until full payment has been made.

3. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. If a payment service provider is used with whom a delivery address is stored and the seller is informed of this delivery address as decisive for the ordered delivery through the use of the payment method by the customer, the goods will be delivered to the different delivery address.
  3. If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
  4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

4. Cancellation policy

The information on the right of withdrawal for consumers can be found in the seller’s instructions on withdrawal.

5. Warranty and Liability

  1. The warranty (liability for defects) is determined subject to the following provisions according to statutory provisions.
  2. The seller is not responsible for the customer’s internet connection, the software and hardware used by the customer or any disruptions to the establishment or execution of the contract between the customer and the seller caused by them.
  3. The seller is liable without limitation for damages if the cause of the damage is based on intent or gross negligence. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies (cardinal obligations) or in case of agreed guarantee promises. In this case, however, the seller is only liable for the foreseeable, contract-typical and expected damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability regulations also apply to claims for damages by the customer within the framework of the seller’s statutory warranty.

6. Arbitration and consumer dispute resolution

  1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to settle their disputes.
  2. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.