Terms
General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Kersten Schäfer (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.
1.2 A consumer, within the meaning of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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 cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order 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
- Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- Requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends 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 shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed 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 have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted his order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before the binding submission of the 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 correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller's online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided 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.
2.9 When ordering data carriers that are not suitable for minors (FSK or USK 18 items), the Customer confirms by sending the order that he has reached the legally required minimum age. The Seller ensures, by including an age verification system, that the Customer has reached the legally required minimum age. Delivery of the goods will therefore only take place after a successful age verification and authentication of the Customer.
3) Right of Withdrawal
3.1 Consumers generally do not have a right of withdrawal. All products are custom made for and on the customers demand.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which the Customer must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer 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 options will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply concerning the costs for the return shipment if the Customer effectively exercises his right of withdrawal. For the return shipping costs, the regulations in the Seller's withdrawal policy apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes an advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- rights and claims for defects in used goods are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following limitation applies to contracts for the delivery of used goods:
Claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period.
7.3 The limitations of liability and shortened periods mentioned above do not apply to claims based on damage caused by the Seller, his legal representatives, or vicarious agents
- in the case of injury to life, body, or health,
- in the case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the case of breach of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on the compliance of which the contractual partner may regularly rely (cardinal obligations),
- within the scope of a guarantee promise, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
7.4 If the Customer acts as a merchant, the commercial obligation to inspect and give notice of defects according to § 377 HGB (German Commercial Code) applies. If the Customer fails to comply with the reporting obligations regulated therein, the goods are deemed approved.
7.5 If the Customer acts as a consumer, he 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, it has no effect on his statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller can be chosen to settle the difference.
8.7 The balance of a promotional voucher is neither paid out in cash nor bears interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods wholly or partially paid for with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller can discharge his obligation with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.
9) Applicable Law
9.1 All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract is outside the European Union.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.