Terms of service
General History&Terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- M&liability for defects (Gewährleistung)
- Introduction&Distribution of promotional vouchers
- Introduction&Distribution of gift vouchers
- Applicable law
- Alternative Dispute Resolution
1) Scope
1.1&These General History&Terms and conditions (hereinafter "Terms and Conditions") of Torben Brubach (hereinafter referred to as "Saleäufer"), apply für all contractsäge for the supply of goods which a consumer or entrepreneur (hereinafter referred to as &“Customer”“) with the saleäufer regarding the saleäufer concludes the goods displayed in his online shop&The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Für Vertr&These terms and conditions apply accordingly to the delivery of vouchers, unless otherwise stipulated.
1.3&For the purposes of these terms and conditions, a consumer is any natural person.&ordinary person who has a legal transactionäft for purposes concludeßt, the &predominantly neither their commercial nor their ownänd professional Tätigkeit can be attributed können.
1.4&For the purposes of these terms and conditions, an entrepreneur is a natural person.&natural or legal person or a legal entityähige partnership, which upon conclusion of a legal transactionäfts in Aus&exercise of their commercial or self-employedänd professional Tätigkeit is involved.&
2) Conclusion of contract
2.1&The online shop of the seller&The product descriptions contained in the website do not constitute binding offers from the seller.&They represent a banker, but serve to enable the customer to submit a binding offer.
2.2&The customer can accept the offer &about the online shop of the seller&The customer submits the integrated online order form on the bank's website. After selecting the desired items, the customer then submits the order form.&Once the desired items have been placed in the virtual shopping cart and the electronic ordering process has been completed, the order process can be finalized by clicking the [button/button/etc.].&Clicking the buttons below constitutes a legally binding offer to purchase the goods contained in the shopping cart.
&2.3&The saleäufer can accept the customer's offer within fünf days,- by providing the customer with a written order confirmationätigung or an order confirmation&Notification in written form (fax or email) &transmitted, whereby the receipt of the order confirmation is limited.ätigung beim Kunden maßlegitimate is, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is considered to beßlegitimate is, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the [missing information].ünften day following the dispatch of the offer.Does the seller accept&If the buyer 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 can no longer exercise their right to the offer.ärung bound is.
2.4&When selecting a payment method offered by PayPal, the payment processing takes place &via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: &“PayPal”“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not &via a PayPal accountügt &- subject to the conditions f&Payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method selected during the online ordering processäable payment method offered by PayPal, explainedärt der Verk&The customer already accepts the offer at the moment the customer clicks the button that completes the order process.ßt.
2.5&&When submitting a bid &via the online order form of the seller&The contract text will be provided by the seller after the conclusion of the contract.äufer stored and sent to the customer in text form (e.g. email, fax or letter) after the customer has submitted their order. übertransmitted. One of them&beyond&Amendment of the contract text by the selleräufer does not occur.
2.6&Before placing a binding order &via the online order form of the selleräufers the customer can m&Common input errors can be detected by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification of the screen.ö&This is the browser's zoom function, which helps to increase the size of the display on the screen.ö&The customer can change their entries during the electronic ordering process as long as necessary. &about the &correct using standard keyboard and mouse functions until he clicks the button that completes the order process.ßt.
2.7 F&The German and English languages are available for concluding the contract.ügung.
2.8&Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that the seller can send the order confirmation to that address.&Emails sent by the user will be received.önnen. In particular, when using spam filters, the customer must ensure that all spam from the seller is blocked.&Emails sent by the customer or by third parties commissioned with order processing will be delivered to the customer.önnen.
3) Right of withdrawal
3.1&Consumers are generally entitled toätzlich a right of withdrawal.
3.2 N&Further information regarding the right of withdrawal can be found in the seller's cancellation policy.äufers.
&3.3&The right of withdrawal does not apply to&Consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Unionäischen Union affiliationören and their sole residence and delivery address at the time of conclusion of the contract auß within the Europ&lie within the Union.
4) Prices and payment terms
4.1 If the product description of the seller indicates&Unless otherwise stated, the prices quoted are total prices including statutory VAT. Additional charges may apply.&Additional delivery and shipping costs are specified separately in the respective product description.
4.2&For deliveries in Länder auß within the Europäischen Union k&Additional costs may be incurred in individual cases, which the selleräufer is not responsible for these costs and they are to be borne by the customer. This includes z&for example, costs für the money&transmission by credit institutions (z.B. &Transfer feeühren, exchange rate feesühren) or import duties or taxes (z.BZölle). Such costs können in relation to the money&Transfer fees may also apply even if the delivery is not to a country outsideß within the Europ&The payment is made within the European Union, but the customer is making the payment from a country outside the EU.ß within the Europ&undertakes from the Union.
4.3&The payment&The possibility(s) will be shown to the customer in the online shop of the seller.äufers communicated.
4.4&Is advance payment by bank transfer accepted?&If payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract.ällig, unless the parties do notäteren F&have agreed on a maturity date.
4.5&When selecting the payment method &“IMMEDIATELY”“ the payment processing takes place &via the payment service provider SOFORT GmbH, Theresienhausenöhe 12, 80339 München (hereinafter referred to as &“IMMEDIATELY”“). To pay the invoice amount über &“IMMEDIATELY”“ pay to können, the customer must &about a f¨r the participation in &“IMMEDIATELY”“ activated online banking accountügen, authenticate themselves accordingly during the payment process and execute the payment instruction againstüber &“IMMEDIATELY”“ bestätigen. The payment transaction will be processed immediately afterwards by &“IMMEDIATELY”“ carried outührt and debits the customer's bank account. N&Here is information about the payment method &“IMMEDIATELY”“ the customer can find this information online at https://www.klarna.com/immediately/ retrieve.
4.6&When selecting a &about the payment service "Shopify Payments" The payment processing is carried out using the offered payment method. &via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as...) "Stripe"). The individual &The payment methods offered via Shopify Payments are displayed to the customer in the seller's online shop.äufers informed. Stripe may use other payment services to process payments, f&Please note that special payment terms may apply, and the customer will be notified separately if necessary. Further information on "Shopify Payments" are on the internet at https://www.shopify.com/legal/terms-payments-de available.
5) Delivery and shipping conditions
5.1&Does the seller offer&If the buyer initiates the shipment of the goods, delivery will take place within the time frame specified by the seller.&Unless otherwise agreed, delivery will be made within the specified delivery area on the shore to the delivery address provided by the customer.The transaction is processed using the order processing system of the seller.&Delivery address specified by the shoreßgeblich.
5.2&If delivery of the goods from Gr failsünden, which the customer is responsible for, tr&the customer delivers theäufer the reasonable costs arising therefrom. This applies with regard to the costs f&The return shipment is not possible if the customer has effectively exercised their right of withdrawal.übt. Für the R&Return shipping costs apply in the case of effective cancellation&Exercise of the right of withdrawal by the customer as stated in the seller's cancellation policyäufers regulation made in this regard.
5.3&If the customer is acting as an entrepreneur, the risk of [unclear]älligendum and the zuf&any deterioration of the sold goods to the customer &However, as soon as the saleäufer the matter to the forwarding agent, the freight forwarder&leader or the person otherwise responsible for execution&The risk of loss or damage passes to the customer upon delivery of the goods to a specific person or institution. If the customer is acting as a consumer, the risk of loss or damage passes to the customer.älligendum and the zuf&general deterioration of the sold goods&only after that &Handover of the goods to the customer or an authorized recipient über. In contrast to this, the risk of zufälligendum and the zuf&The deterioration of the goods sold, even in the case of consumers, is already passed on to the customer. &However, as soon as the saleäufer the matter to the forwarding agent, the freight forwarder&leader or the person otherwise responsible for executionüexecution of the shipment has been delivered to a specific person or institution, if the customer has designated the forwarding agent, the freight forwarder&Leader or those otherwise responsible for executionüexecution of the dispatch by a specific person or institution with the executionürung commissioned and the salesäufer has not previously named this person or institution to the customer.
5.4&The saleäufer beh&The right is reserved to take action in the event of incorrect or improper use.äßer self-supply from the contract to&to step back. This only applies to f&In the event that the non-delivery is not the fault of the seller&to represent the banker and to arrange a specific cover transaction with due diligence.&has concluded a contract with the supplier. The sale&The buyer will make every reasonable effort to procure the goods. In the event of non-compliance,ügbarkeit or the only partial VerfG&The customer will be notified immediately of the availability of the goods.&properly informed and the consideration paid immediately&refunded accordingly.
5.5&Self-collection is not possible for logistical reasons.ünden not möglich.
5.6&Vouchers will be provided to the customer as follows:
- by email
6) Retention of title
The sale occursäufer in advance payment, behält er sich bis zum vollst&Ownership of the delivered goods passes to the transferor upon final payment of the purchase price owed.
7) M&liability for defects (Gewährleistung)
7.1&Unless otherwise specified in the following provisions, the regulations of the statutory M apply.&Liability for defects. The following applies in the case of contracts, but not in this respect:ägen for the delivery of goods:
7.2&If the customer is acting as an entrepreneur,
- Has the selleräufer the choice of type of successorüllung;
- concerningägt with new goods the expiry&period of operation für Mänarr one year from delivery of goods;
- What are the rights and claims regarding used goods?üche because of Mängeln excluded;
- begins the judiciaryährung not repeated if within the framework of the M&In case of defects, a replacement delivery will be made.
- f&Claims for damages and reimbursement of expenses&Customer's
- f&in the event that the saleäufer has fraudulently concealed the defect,
- f&goods which according to their &usual use f&have been used in a building and have caused its defectiveness,
- f¨r any existing obligation of the selleräufers to provide updates f&For digital products, in the case of contractsägen for the delivery of goods with digital elements.
7.4 Dar&Furthermore, f&For entrepreneurs, that the statutory limitation periods apply&Lead times f¨r a possibly existing legal right&recourse claim beyond&stay.
7.5&If the customer is acting as a merchant i.S.d. §ion; 1 HGB, the commercial law applies to himännische Untersuchung- und Rügepflicht accäß &Section; 377 HGB. Document&If the customer fails to comply with the notification obligations stipulated therein, the goods are considered approved.
7.6&If the customer is acting as a consumer, they are requested to inspect delivered goods for obvious transport damage.&to complain to the delivery person and the seller&to inform the subscriber of this. Failure to comply will have no effect on the customer's legal or contractual rights.ängelansprüche.
8) Introduction&Distribution of promotional vouchers
8.1&Vouchers issued by the selleräufer as part of advertising campaigns with a specific G&The validity period is waived free of charge and the customer is not liable for any costs.&can be acquired commerciallyönnen (hereinafter "Promotional vouchers"), k&Available only in the online shop of the selleräufers and only within the specified periodöst will be.
8.2&Promotional vouchers k&Only consumers can enter.öst will be.
8.3&Individual products k&Individuals may be excluded from the voucher promotion if a corresponding restriction applies.änkung results from the content of the promotional voucher.
8.4&Promotional vouchers kön can only be deposited before the order process is completed.öst will be. A subsequent&Direct offsetting is not possible.öglich.
8.5&When placing an order k&You can also enter multiple promotional vouchers.öst will be.
8.6&The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will be refunded by the seller.äufer not refunded.
8.7&If the value of the promotional voucher is insufficient to cover the order, one of the following can be used to pay the difference: &Remaining items from the sale&Payment methods offered by the customerählt werden.
8.8&The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.9&The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.ückgibt.
8.10&The promotional voucher is only valid for...ür determines its use by the person named on it. A &Transfer of the promotional voucher to third parties is excluded. The sale&The sponsor is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.üfen.
9) Introduction&Distribution of gift vouchers
9.1&Vouchers that &about the online shop of the selleräufers k&can be acquired commerciallyönnen (hereinafter "Gift vouchers"), k&Available only in the online shop of the selleräufers eingelöst will be, unless otherwise stated in the voucher.
9.2&Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase.&Remaining balances will be credited to the customer until the expiry date.
9.3&Gift vouchers kön can only be deposited before the order process is completed.öst will be. A subsequent&Direct offsetting is not possible.öglich.
9.4&When placing an order k&Multiple gift vouchers can also be entered.öst will be.
9.5&Gift vouchers können only f&for the purchase of goods and not for&can be used to purchase further gift vouchers.
9.6&If the value of the gift voucher is insufficient to cover the order, one of the following can be used to pay the difference: &Remaining items from the sale&Payment methods offered by the customerählt werden.
9.7&The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8&The gift voucher is &transferable. The sale&The buyer can, with discharging effect, transfer the gift voucher to the respective holder who redeemed it in the seller's online shop.äufers einlöst, afford. This does not apply if the selleräufer knowledge or gross negligence&inadmissible ignorance of the lack of entitlement, the historyäftsunf&the lack of authority or the lack of power of representation of the respective owner.
10) Applicable Law
10.1 Fürs&All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding its laws. &Regarding the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not affect the consumer's statutory rights.&enhanced protection through mandatory provisions of the law of the state in which the consumer establishes his or her business&similar residence status will be revoked.
10.2&Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union.äischen Union affiliationören and their sole residence and delivery address at the time of conclusion of the contract auß within the Europ&lie within the Union.
11) Alternative Dispute Resolution
11.1&The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the&Legal settlement of disputes arising from online purchase or service contractsägen, in which a consumer is involved.
11.2&The saleäufer is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
