General terms and conditions with customer information

As of: May 23, 2023

Table of contents:

Scope of the General Terms and Conditions

General information on offers and orders

Ordering process and conclusion of contract

Contract text and contract language

Customer account

Information about prices and shipping costs

Payment methods and payment conditions

Retention of title

Delivery, product availability

Promotional vouchers

Copyright and usage rights

Right of withdrawal

Warranty and liability

Final provisions

Dispute resolution and consumer dispute resolution

Scope of the General Terms and Conditions:

The following General Terms and Conditions (hereinafter: referred to as “Terms and Conditions”).

Differing conditions of the customer will not be recognized, even if the seller provides his service without objection, unless the seller expressly agrees to the validity of the customer's different conditions.

All personal names apply equally to both genders. For reasons of better readability, male and female language forms were not used at the same time.

General information on offers and orders:

The presentation of the products in the shop, on websites and in digital printed brochures, catalogs or comparable product presentations from the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.

Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the fulfillment of the contract. In particular, customers must ensure that the email and delivery addresses provided are correct and that any obstructions to receipt for which the customer is responsible are taken into account (e.g. by checking the spam folder of the email software used).

Customers are asked to carefully read and follow the instructions during the ordering process and, if necessary, to use the existing support functions of their software and hardware (e.g. magnification or reading functions). Required information will be marked by the seller as such in an appropriately recognizable manner for the customer (e.g. by visual highlighting and/or an asterisk). Until the order is sent, customers can change and view the product selection and their entries at any time, go back in the ordering process or cancel the ordering process altogether. To do this, customers can use the usual functions available to them on their software and/or end device (e.g. the back and forth buttons in the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

Ordering process and conclusion of contract:

The customer can select products from the seller's range offered to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, for example deleted. Otherwise, the customer can initiate the completion of the ordering process.

By clicking on the button that completes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping cart.

Contract text and contract language:

The seller saves the contract text and makes it available to the customer in text form (e.g. via email or printed with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of their browser or the save function for web pages in the last step of the order.

If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.

The contract languages are German and English; contracts can be concluded in these languages.

Customer account:

The seller provides customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.

Customers can also place an order as a guest without having to create a customer account.

Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances, to the extent this is necessary (e.g. the changed email address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.

Customers are responsible for their customer accounts within their sphere of influence and to the extent that responsibility is reasonable for them. It is the customer's responsibility to exercise the greatest possible care when using access data for the customer account and to take every measure that ensures the confidential, secure handling of the data and prevents it from being disclosed to third parties. Customers are obliged to inform the seller immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.

The customer account may only be used in accordance with the applicable legal regulations, in particular the regulations for the protection of third party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, particularly through external software such as bots or crawlers, is prohibited.

To the extent that customers store, provide or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customer's content as his own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, care, objectivity as well as reasonableness and the interests of all those involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and warnings as well as house bans.

Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for extraordinary reasons.

From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to secure their data when terminating the customer account.

Information about prices and shipping costs:

Unless stated otherwise, all prices are total prices including the applicable statutory sales tax (VAT).

Unless stated otherwise, all prices are net, plus the applicable statutory sales tax (VAT).

The delivery and shipping fees that apply in addition to the sales price will be communicated to the customer or linked to in the respective product description and before the order is completed.

When delivering to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank fees) may apply. These expenses are not paid by the seller, but must be paid by the customer to the relevant tax or customs authorities. The seller recommends that customers inform themselves about possible additional costs from the relevant authorities and based on the country regulations that apply to customers.

Payment methods and payment conditions:

Unless otherwise agreed, payments are to be made without deductions, discounts or other discounts.

When using financial institutions and other payment service providers, the payment service providers' terms and conditions and data protection information also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This is particularly because the provision of payment methods or the course of the payment process can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

The customer ensures that he meets the requirements required for successful payment using the chosen payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions.

If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, then the customer will be responsible for the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed in good time about the transfer (so-called “pre-notification”).

If the seller assigns his payment claim from the customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The seller's contractual obligations towards the customer, in particular the performance and warranty obligations, compliance with cancellations and additional contractual obligations, are not affected by the assignment.

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 deductions by payment to the seller's bank account, unless otherwise agreed. .

PayPal - 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 PayPal method provided or selected by the customer -Payment made. Customers will be redirected 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 Express - The customer pays the amount owed using the PayPal transaction process.

PayPal Plus (PayPal) - The customer must have a PayPal account and pays the amount owed using the PayPal transaction process.

PayPal Plus (direct debit) - The customer can pay using PayPal's direct debit system even if they do not have a PayPal account. The customer grants PayPal a SEPA direct debit mandate. By granting the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which will automatically debit the customer's bank account. The customer will be informed of the date of debiting the bank account (referred to as "Pre-Notification").

PayPal Plus (credit card) - The customer can pay using a credit card via PayPal even if they do not have a PayPal account. In order to make the payment, the customer must identify themselves as the legitimate cardholder before the payment transaction is carried out and the customer's account is automatically debited.

PayPal Plus (purchase on account) - The customer can purchase on account via PayPal even if they do not have a PayPal account. The prerequisite is that the address and creditworthiness of the customer have been successfully checked by PayPal. The seller assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal in accordance with PayPal's conditions and the chosen or stated payment deadline. PayPal's terms of use apply to purchases on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

As part of the PayPal payment method “Checkout”, the seller can use third-party payment service providers for the purpose of payment processing. The following information applies to PayPal or the third-party payment service providers mentioned (collectively referred to as “checkout payment service providers”). The terms and conditions of the checkout payment service provider communicated to the customer apply. If the seller offers a purchase on account or installment payment via the checkout payment service provider, the seller reserves the right that the prerequisite for the payment method is a successful check of the customer's address and creditworthiness by the checkout payment service provider. The seller assigns the payment to the checkout payment service provider. A debt-discharging payment can only be made to the checkout payment service provider in accordance with the terms and conditions and the chosen or stated payment term of the checkout payment service provider. In the case of payment using a SEPA direct debit mandate, the customer must grant the checkout payment service provider a SEPA direct debit mandate. By granting the SEPA direct debit mandate, the checkout payment service provider is authorized to initiate the payment process, which will automatically be debited from the customer's bank account. The customer will be informed about the time at which his bank account will be debited (so-called “pre-notification”).

Costs arising from reminders of overdue claims will be invoiced to the customer. The seller is entitled to claim reminder costs of a flat rate of 2.50 euros. Customers reserve the right to provide evidence of no or lower costs.

In the event of late payment, the seller is entitled to claim default interest at the statutory rate as well as other consequences and costs determined by law from the defaulting customers. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default. Damages caused by delay include costs of legal enforcement, such as costs for legal advice, dunning procedures or debt collection.

Retention of title:

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

Delivery, availability of goods:

The ordered goods will be delivered to the specified delivery address unless different agreements have been made.

If a payment service provider is used with which a delivery address is stored and through the use of the payment method by the customer the seller is informed of this delivery address as being relevant for the ordered delivery, the goods will be delivered to the different delivery address.

If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to ensuring delivery and making all possible and reasonable efforts, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of comparable goods. If no comparable goods are available or the customer does not request delivery of comparable goods, the seller will immediately reimburse the customer for any consideration already provided.

Customers are asked to report any obvious transport damage to the transport company or carrier as soon as possible or otherwise to report the transport damage to us. This does not create any obligation for customers who are consumers; non-disclosure does not restrict the customer's legal rights or the enforcement of these rights, in particular the warranty and cancellation rights.

Promotional vouchers:

“Promotion vouchers” are vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). Promotional vouchers, on the other hand, do not represent vouchers that represent a specific monetary or material value and are purchased by the customer as a product.

Promotional vouchers can only be taken into account under the stated conditions, taking into account restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.

Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.

Unless otherwise stated, the promotional vouchers given to recipients may not be transferred to third parties.

Promotional vouchers issued by the seller may only be redeemed with the seller.

Unless otherwise stated, promotional vouchers can only be redeemed before completing the ordering process.

If an amount remains to be paid after a promotional voucher has been redeemed, this can be settled using the payment options offered by the seller.

If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods, without the remaining amount being paid out.

Copyright and rights of use:

The products sold by the seller are protected by intellectual property law (in particular trademark and copyright law). The rights of use and exploitation lie with the seller or the respective rights holders. Customers undertake to recognize and observe these intellectual property rights.

The customer receives the simple rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, the seller's products protected by copyright may not be reproduced, distributed, publicly available or made available to third parties in any other way on the Internet or intranets. Public reproduction, reproduction or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or permitted by law.

If the products are subject to a specific usage license, customers will be informed about the usage license. In this case, the regulations of the usage license apply before these General Terms and Conditions.

If the seller makes advance payments, the granting of usage rights to the customer is only provisional and only becomes effective when the customer has paid the purchase price of the relevant products in full.

Cancellation policy:

The information on the right of withdrawal for consumers can be found in the seller's cancellation policy.

Warranty and liability:

The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.

Final provisions:

The legal relationships between the customer, if the customer is an entrepreneur, and the seller are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.

Dispute resolution and consumer dispute resolution:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ find. Consumers have the opportunity to use this platform to resolve their disputes.

We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer dispute resolution board.