General Terms and Conditions

Terms and Conditions with Customer Information

Table

  1. Scope
  2. Contract
  3. Withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Ownership
  7. Liability for defects (guarantee)
  8. Redemption of promotional vouchers
  9. Applicable law
  10. Code
  11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Jonas Nölle (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with respect to the goods presented by the Seller in his online shop. This is contrary to the inclusion of the customer’s own terms and conditions, unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal status that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer may 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 enters a legally binding contract offer with respect to the basket of contained goods. In addition, the customer may also submit the offer to the seller by telephone, fax, e-mail, postal or online contact form.

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 in so far as the customer’s receipt of the order confirmation is decisive, or
  • by supplying the ordered goods to the customer, whereby the receipt of the goods with the customer is decisive in so far, or
  • by requesting the customer to pay after placing his order.

If there are several of the above alternatives, the contract shall be concluded at the time when one of the above-mentioned alternatives first occurs. The deadline for acceptance of the offer begins to run on the day after the customer submits the offer and ends with the expiry 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 to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4If the payment method “PayPal Express” is selected, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), subject to the PayPal Terms of Use. under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.5If the payment method “Amazon Payments” is selected, payment processing is made via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (‘Amazon’), in accordance with the Amazon Payments Europe User Agreement, which can be viewed under https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the Seller already declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the 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. Any further making available of the contract text by the seller shall not take place. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer via his password-protected user account, stating the corresponding login data can be accessed free of charge.

2.7 Before placing the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which increases the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Orders processing and contacting are usually carried out by 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 the 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 by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be obtained from the Seller’s revocation instructions.

3.3 The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address at the time of conclusion of the contract outside the European Union to lie.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices containing the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of funds 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/will be communicated to the customer in the seller’s online shop.

4.4 If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5When payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), PayPal Terms of Service, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method “PayPal Credit” (payment via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal performs a credit check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method “PayPal Credit” in the event of a negative test result. If the payment method “PayPal Credit” is approved by PayPal, the customer must pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the seller’s online shop. In this case, he can only pay to PayPal with a debt-relieving effect. However, the seller remains responsible for general customer enquiries, e.g. for the goods, delivery time, dispatch, returns, complaints, revocation severance notices and shipments or credit notes, even in the case of the assignment of claims.

4.7 If the payment method “SOFORT” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself during the payment process and confirm the payment order to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. Further information on the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.

4.8If the payment method direct debit is selected via Stripe, payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). In this case, Stripe shall receive the invoice amount from the Customer’s bank account after issuing a SEPA direct debit mandate, but not before the expiry of the pre-information period on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the provision of an incorrect bank details, or if the customer objects to the debit, even though he is not entitled to do so, the customer has the right to charge the respective to the credit institution if it is responsible for this. The seller reserves the right to carry out a credit check when selecting the Payment Method SEPA Direct Debit and to reject this payment method in the event of a negative credit check.

4.9 If you select the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG takes the invoice amount from the customer’s credit card account. In the event of assignment, only secupay AG can be paid with debt-relieving effect. The debit of the credit card takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and receipts or credit notes, even if the payment method of credit card payment via secupay AG is selected.

4.10If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). Stripe reserves the right to perform a credit check and reject this payment method in the event of a negative credit check.

4.11 If you select a payment method offered through the payment service “Klarna”, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the terms and conditions of Klarna can be found in the seller’s payment information, which can be viewed at the following Internet address:

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5) Terms of delivery and shipping

5.1 The delivery of goods shall be made by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the sending-out if the customer exercises his right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller’s revocation instruction.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (guarantee)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect occurs only after the end of 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. However, the shortening of the liability period to one year does not apply

  • for items which have been used for a building in accordance with its usual use and which have caused its defectiveness,
  • for claims for damages and reimbursement of expenses by the customer, as well as
  • in the event that the seller fraudulently concealed the defect.

7.3 The customer is requested to complain to the delivery company of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent clearing 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 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 balance of a promotional voucher is neither paid out in cash nor interest-bearing.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can pay with liberating effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller is aware or grossly negligent of the non-authorisation, incapacity for business or the lack of right to represent the respective owner.

9) Applicable law

9.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

10) Code of Conduct

  • The Seller has submitted to the terms and conditions of participation for the eCommerce initiative “Fairness in Retail”, which can be viewed on the Internet under https://www.fairness-im-handel.de/teilnahmebedingungen/.
  • The seller has submitted to the guidelines for “Google Customer Reviews”, which can be viewed on the Internet under https://support.google.com/merchants/topic/7105962.

11) Alternative dispute resolution

11.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 
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