General Terms and Conditions with Customer Information
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution
1) Scope of Application
1.1
These General Terms and Conditions (hereinafter “GTC”) of Andre Wienholz (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods displayed in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby rejected 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 outside their commercial or self-employed professional activity.
1.3
An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, at the time of 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 store do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2
The Customer may submit the offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.
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 email), whereby receipt of the order confirmation by the Customer is decisive; or
delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
requesting payment from the Customer after placing the order.
If several of the aforementioned alternatives occur, the contract is concluded at the time the first alternative occurs. The acceptance period begins on the day following the Customer’s submission of the offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration of intent.
2.4
When selecting a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or — if the Customer does not have a PayPal account — under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a PayPal payment method selected during the ordering process, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the order completion button.
2.5
When selecting “Amazon Payments,” payment processing is carried out by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), under the Amazon Payments Europe User Agreement available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the ordering process, they simultaneously issue a payment order to Amazon by clicking the order completion button. In this case, the Seller declares acceptance of the Customer’s offer at the time the payment process is triggered.
2.6
When an offer is made via the Seller’s online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter). No further access to the contract text will be provided by the Seller. If the Customer has set up a user account in the Seller’s online store before submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge via the Customer’s password-protected account.
2.7
Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors is the browser’s magnification function. The Customer can correct entries during the ordering process using standard keyboard and mouse functions until clicking the order completion button.
2.8
The contract language is German.
2.9
Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that emails sent by the Seller or third parties engaged by the Seller for order processing are not blocked by spam filters.
3) Right of Withdrawal
3.1
Consumers generally have a right of withdrawal.
3.2
Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the Seller’s product description, prices indicated are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2
The available payment methods will be communicated to the Customer in the Seller’s online store.
4.3
If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded unless a later due date is agreed.
4.4
When selecting a payment method offered via PayPal, payment processing is carried out by PayPal, which may use third-party payment service providers. If the Seller offers PayPal payment methods where the Seller provides goods or services in advance (e.g., purchase on account or installment payment), the Seller assigns the payment claim to PayPal or the payment service provider commissioned by PayPal. Before accepting the assignment, PayPal or its service provider may conduct a credit check. The Seller reserves the right to refuse the selected payment method if the result is negative. If accepted, the Customer must pay the invoice amount within the agreed period to PayPal or its service provider. The Seller remains responsible for general customer inquiries regarding goods, delivery, returns, complaints, withdrawals, and refunds.
4.5
When selecting “Sofortüberweisung” (Immediate Transfer), payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). The Customer must have an online banking account activated for “Sofortüberweisung,” authenticate during the payment process, and confirm the payment order. Klarna will then execute the payment immediately. More information can be found at https://www.klarna.com/sofort/.
5) Delivery and Shipping Conditions
5.1
If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address in the Seller’s order processing is decisive.
5.2
If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the cost of the initial shipment if the Customer effectively exercises their right of withdrawal. Return shipping costs in the event of withdrawal are governed by the Seller’s withdrawal policy.
5.3
If the Customer is an entrepreneur, the risk of accidental loss or deterioration passes to the Customer as soon as the Seller delivers the goods to the carrier. If the Customer is a consumer, risk passes upon receipt of the goods, unless the Customer commissions the carrier and the Seller has not named this carrier.
5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible and has concluded a specific covering transaction with due care. In the event of non-availability or partial availability, the Customer will be informed promptly and any payments refunded.
5.5
Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price owed has been made.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer is acting as an entrepreneur:
the Seller may choose the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
defect rights are excluded for used goods;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The above-mentioned limitations of liability and shortening of time limits do not apply:
to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which have been used in accordance with their usual purpose for a building and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim remain unaffected.
7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the obligations to notify, the goods shall be deemed approved.
7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the carrier upon delivery and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual defect claims.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds:
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb, or health,
based on a guarantee promise, unless otherwise provided,
on the basis of mandatory liability, such as under the German Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable, typical damage, unless unlimited liability applies pursuant to the clause above. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the observance of which the Customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
