General terms and conditions with customer information
table of contents
conclusion of contract
right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
retention of title
Liability for defects (warranty)
Redeeming gift vouchers
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Philip Heinz, Philip Rampf, Konstantin Jöbsch GbR (hereinafter “Seller”) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or post.
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 point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch 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.
2.5 If the payment method “Amazon Payments” is selected, the payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “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 within the framework of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button concluding the ordering process. In this case, the seller hereby declares acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this.
2.7 Prior to binding submission of the order via the Seller’s online order form, the Customer may recognize 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 zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 The order processing and establishment of contact usually take place via 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
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 will 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 by 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 funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.5 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this method of payment in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer 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 a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 Notwithstanding the foregoing, this shall apply to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be claimed within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply.
for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for claims for damages and reimbursement of expenses on the part of the customer, and
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redeeming gift vouchers
8.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
8.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.
8.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.
8.4 Several gift vouchers can also be redeemed for one 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 may be selected to settle the difference.
8.7 The credit balance of a gift voucher is neither paid in cash nor interest is paid on it.
8.8 The Gift Certificate is intended only for use by the person named on it. Gift vouchers may not be transferred to third parties. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Alternative dispute resolution
10.1 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.