GENERAL TERMS AND CONDITIONS
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Retention of title
- Liability for defects
- Redemption of gift vouchers
- Redemption of promotion vouchers
- Applicable law
- Place of jurisdiction
- Information on online dispute resolution
1. AREA OF VALIDITY
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the Customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 For the purchase of vouchers these GTC apply accordingly, unless otherwise expressly regulated.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2. CONCLUSION OF THE CONTRACT
2.1 The product representations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The Customer may 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 with regard to the goods contained in the shopping cart by clicking the button concluding 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 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 the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract will be saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before sending his order.
2.5 Before bindingly placing an 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries via the usual keyboard and mouse functions before the binding submission of the order within the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorized by him is allowed to accept the goods.
3. RIGHT OF REVOCATION
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s revocation instruction.
4. PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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 Various payment options are available to the customer, which are indicated in the online shop of the seller.
4.5 If the payment method “IMMEDIATELY” is selected the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “IMMEDIATELY”). In order to be able to pay the invoice amount via “IMMEDIATELY”, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, must legitimize himself accordingly during the payment process and confirm the payment instruction to “IMMEDIATELY”. The payment transaction will be executed immediately afterwards by “IMMEDIATELY” and the customer’s bank account will be debited. The customer can find more detailed information on the “IMMEDIATE” payment method on the Internet at https://www.klarna.com/sofort/.
5. DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods is carried out regularly by means of shipping and to the delivery address indicated by the customer. In the processing of the transaction, the delivery address indicated in the seller’s purchase procedure is decisive. Deviating from this, when choosing the payment method PayPal, the delivery address deposited by the customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service a reasonable time in advance.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
- by e-mail
- via download
- by mail
6. RETENTION OF TITLE
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7. LIABILITY FOR DEFECTS
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the seller about this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8. REDEMPTION OF GIFT VOUCHERS
8.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop.
8.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase . Remaining credit balances are credited to the customer’s voucher account until the expiry date.
8.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
8.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective gift certificate holder.
9. REDEMPTION OF CAMPAIGN VOUCHERS
9.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotional vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
9.5 Only one promotion voucher can be redeemed per order.
9.6 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference
9.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
9.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.10 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10. APPLICABLE LAW
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11. PLACE OF JURISDICTION
If the customer acts as a merchant, legal entity under public law or 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 shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
12. INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.