Terms of Service
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Prices and Terms of Payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Retention of title
7. Liability for Defects
8. Liability
9. Redeeming Gift Certificates
10. Redeeming Promotional Vouchers
11. Governing Law
12. Jurisdiction
13. Information on Online Dispute Resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as “GTC”) of “Barbeux GmbH” (hereinafter referred to as “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller via the seller’s online -Shop completes offered goods. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary has been expressly regulated.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4. Entrepreneur 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.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirmation of this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer After placing the order
or
- delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.5. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email.After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account
2.6. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by clicking the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the local customs or tax authorities or to banks.
We recommend that the customer find out the details before placing the order to be requested from the respective institutions or authorities.
3.3. The customer can select the payment methods that are available in the online shop.
3.4. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. When paying via PayPal direct debit" the claim is collected by PayPal after the issuance of a SEPA direct debit mandate and after the deadline for advance information in Seller's order from the customer's bank account. A preliminary information is the Announcement by the seller to the customer that his account using SEPA direct debit is charged and can, for example, take the form of an invoice or a contract. Can the direct debit due insufficient funds in the account or as a result of providing an incorrect number Bank details are not redeemed or the customer objects Debit, without being authorized to do so, the customer has by the to bear the fees incurred for the reversal of the respective credit institution, if he is responsible for this. The rest Contractual relationship as well as rights and obligations towards the seller and the Sellers remain unaffected by the payment by direct debit.
3.6. When paying by "PayPal installment payment", the customer concludes an installment payment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal under the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
Paypal's terms of use apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.7. When paying on account via "PayPal invoice", the Payment processing through PayPal.
The purchase price will be determined after delivery of the goods and is due within 30 days of receipt to pay the invoice to PayPal, unless another payment term is specified.
The purchase on account presupposes a successful Credit check by PayPal.
Will the customer after checking the creditworthiness of the purchase permitted on account, the seller assigns his claim to PayPal, Therefore, payments can only be made to PayPal with a debt-discharging effect become
The rest of the contractual relationship as well as rights and Obligations towards the seller and the seller remain of this Payment method unaffected.
In addition, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Terms of delivery and shipping
4.1. The delivery of goods on the shipping route is made to the delivery address provided by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment, if the customer has informed the freight forwarder, carrier or other person responsible for carrying out the shipment commissioned the person or institution specified for the shipment to carry out the delivery themselves and the seller had not previously named this person or institution to the customer.
4.4. The contract is concluded under Reservation, in the case of improper, delayed or non-existent self-delivery not or only partially or correspondingly later. This only applies in the event that a congruent hedging transaction between Vendor and supplier is found to be improper, delayed or The seller is not responsible for the lack of self-delivery and cannot be remedied by him with reasonable effort. In case of Unavailability or only partial availability of the goods will be the customer informed immediately. Any payment made will be made immediately refunded.
4.5. Pickup is not offered.
4.6. Vouchers are given to the customer in the following form:
5. Right of withdrawal
5.1. If the customer is a consumer, he has a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Retention of title
6.1.In the case of contracts with consumers, the goods remain the property of the seller until they have been paid in full
6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties resulting from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after being processed. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed against the customer.
7. Liability for defects
With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.
7.1. If the customer acts as an entrepreneur,
7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following number: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3. The limitations of liability and shortening of the limitation period
set out above do not apply
7.4. The statutory limitation periods for an entrepreneur's right of recourse § 478 BGB
remain unaffected.
7.5. If the customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial inspection and notification obligations in accordance with Section 377 HGB.
7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
8. Liability
The liability of the seller from all contractual, quasi-contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1. The seller is only fully liable for damages that are due to intentional or grossly negligent behavior.
In the case of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence
An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely.
The seller is also liable on the basis of a guarantee promise as regulated above, unless otherwise regulated in this regard.
This also applies to indirect consequential damage, such as in particular lost profit and for mandatory liability such as under the Product Liability Act.
8.2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) - liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract limited. This also applies to indirect consequential damage such as lost profit.
8.3. For the rest, the seller is not liable.
8.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.
9. Redeeming Gift Certificates
9.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
9.2. Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account by the expiry date.
9.3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent redemption does not take place.
9.4. Only one gift voucher can be redeemed per order. Redeeming multiple gift vouchers in one order is not possible.
9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
9.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7. Credits on gift vouchers are not paid out and do not earn interest.
9.8. Gift vouchers are generally transferable.
The seller can make payments to the customer who redeems the respective gift voucher with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10. Redeeming promotional vouchers
10.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("promotional coupons") can only be redeemed in the seller's online shop and only within the period specified by the seller.
10.2. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found on the promotional voucher, if applicable.
10.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement does not take place.
10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5.The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7. The balance of a promotional voucher is neither paid out nor does it earn interest.
10.8. The campaign voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9. Promotional vouchers are generally transferable.
The seller can make payments to the customer who redeems the respective gift voucher with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11. Governing Law
11.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.
11.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
13. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
.
1. Scope
2. Conclusion of contract
3. Prices and Terms of Payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Retention of title
7. Liability for Defects
8. Liability
9. Redeeming Gift Certificates
10. Redeeming Promotional Vouchers
11. Governing Law
12. Jurisdiction
13. Information on Online Dispute Resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as “GTC”) of “Barbeux GmbH” (hereinafter referred to as “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller via the seller’s online -Shop completes offered goods. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary has been expressly regulated.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4. Entrepreneur 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.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirmation of this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer After placing the order
or
- delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.5. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email.After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account
2.6. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by clicking the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the local customs or tax authorities or to banks.
We recommend that the customer find out the details before placing the order to be requested from the respective institutions or authorities.
3.3. The customer can select the payment methods that are available in the online shop.
3.4. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. When paying via PayPal direct debit" the claim is collected by PayPal after the issuance of a SEPA direct debit mandate and after the deadline for advance information in Seller's order from the customer's bank account. A preliminary information is the Announcement by the seller to the customer that his account using SEPA direct debit is charged and can, for example, take the form of an invoice or a contract. Can the direct debit due insufficient funds in the account or as a result of providing an incorrect number Bank details are not redeemed or the customer objects Debit, without being authorized to do so, the customer has by the to bear the fees incurred for the reversal of the respective credit institution, if he is responsible for this. The rest Contractual relationship as well as rights and obligations towards the seller and the Sellers remain unaffected by the payment by direct debit.
3.6. When paying by "PayPal installment payment", the customer concludes an installment payment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal under the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
Paypal's terms of use apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.7. When paying on account via "PayPal invoice", the Payment processing through PayPal.
The purchase price will be determined after delivery of the goods and is due within 30 days of receipt to pay the invoice to PayPal, unless another payment term is specified.
The purchase on account presupposes a successful Credit check by PayPal.
Will the customer after checking the creditworthiness of the purchase permitted on account, the seller assigns his claim to PayPal, Therefore, payments can only be made to PayPal with a debt-discharging effect become
The rest of the contractual relationship as well as rights and Obligations towards the seller and the seller remain of this Payment method unaffected.
In addition, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Terms of delivery and shipping
4.1. The delivery of goods on the shipping route is made to the delivery address provided by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment, if the customer has informed the freight forwarder, carrier or other person responsible for carrying out the shipment commissioned the person or institution specified for the shipment to carry out the delivery themselves and the seller had not previously named this person or institution to the customer.
4.4. The contract is concluded under Reservation, in the case of improper, delayed or non-existent self-delivery not or only partially or correspondingly later. This only applies in the event that a congruent hedging transaction between Vendor and supplier is found to be improper, delayed or The seller is not responsible for the lack of self-delivery and cannot be remedied by him with reasonable effort. In case of Unavailability or only partial availability of the goods will be the customer informed immediately. Any payment made will be made immediately refunded.
4.5. Pickup is not offered.
4.6. Vouchers are given to the customer in the following form:
- by email
- via download
- postal
5. Right of withdrawal
5.1. If the customer is a consumer, he has a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Retention of title
6.1.In the case of contracts with consumers, the goods remain the property of the seller until they have been paid in full
6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties resulting from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after being processed. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed against the customer.
7. Liability for defects
With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.
7.1. If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- the limitation period does not begin again if a replacement delivery has been made as part of the liability for defects.
7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following number: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3. The limitations of liability and shortening of the limitation period
set out above do not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damage to life, limb or health culpably caused by the seller and for damage caused by gross negligence or intent
- or in the case of fraudulent intent on the part of the seller and in the case of claims pursuant to §§ 478, 479 BGB.
7.4. The statutory limitation periods for an entrepreneur's right of recourse § 478 BGB
remain unaffected.
7.5. If the customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial inspection and notification obligations in accordance with Section 377 HGB.
7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
8. Liability
The liability of the seller from all contractual, quasi-contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1. The seller is only fully liable for damages that are due to intentional or grossly negligent behavior.
In the case of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence
An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely.
The seller is also liable on the basis of a guarantee promise as regulated above, unless otherwise regulated in this regard.
This also applies to indirect consequential damage, such as in particular lost profit and for mandatory liability such as under the Product Liability Act.
8.2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) - liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract limited. This also applies to indirect consequential damage such as lost profit.
8.3. For the rest, the seller is not liable.
8.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.
9. Redeeming Gift Certificates
9.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
9.2. Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account by the expiry date.
9.3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent redemption does not take place.
9.4. Only one gift voucher can be redeemed per order. Redeeming multiple gift vouchers in one order is not possible.
9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
9.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7. Credits on gift vouchers are not paid out and do not earn interest.
9.8. Gift vouchers are generally transferable.
The seller can make payments to the customer who redeems the respective gift voucher with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10. Redeeming promotional vouchers
10.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("promotional coupons") can only be redeemed in the seller's online shop and only within the period specified by the seller.
10.2. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found on the promotional voucher, if applicable.
10.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement does not take place.
10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5.The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7. The balance of a promotional voucher is neither paid out nor does it earn interest.
10.8. The campaign voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9. Promotional vouchers are generally transferable.
The seller can make payments to the customer who redeems the respective gift voucher with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11. Governing Law
11.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.
11.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
13. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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