General terms and conditions with customer information

As of August 26, 2022

Table of Contents

• Scope of the GTC
• General information on offers and orders
• Ordering process and conclusion of contract
• Ordering process and contract conclusion on the Amazon platform
• Contract text and contract language
• Information on prices and shipping costs
• Payment methods and terms of payment
• retention of title
• Delivery, availability of goods
• Sale of vouchers
• Sale of License Keys
• subscriptions
• promotional vouchers
• Right of withdrawal
• Warranty and liability
• Arbitration and consumer dispute resolution

1. Scope of the GTC

1. The following General Terms and Conditions (hereinafter referred to as referred to as “Terms and Conditions”).
2. Deviating conditions of the customer are not recognized, even if the seller renders his service without objection, unless the seller expressly agrees to the validity of the customer's deviating conditions.
3. "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their self-employed professional activity.
4. "Entrepreneur" within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. General information on offers and orders

1. The presentation of the products in the shop, on websites and in digitally printed brochures or catalogs or comparable product presentations by the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer. 
2. Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to Seller if necessary for Seller's performance of the contract. In particular, customers must ensure that the e-mail and delivery addresses provided are correct and that any prevention of receipt for which the customer is responsible is taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. Customers are asked to carefully read and observe the instructions during the ordering process and, if necessary, to use the existing support functions of their software and hardware (e.g. enlargement or read-aloud functions). Required information is marked by the seller as such for the customer to be appropriately recognizable (e.g. by optical highlighting and/or asterisks). Until the order is sent, customers can change and view the product selection and their entries at any time and go back in the ordering process or cancel the ordering process altogether. To do this, customers can use the usual functions of their software and/or end device that are available to them (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, undesired entries can be corrected by canceling the ordering process.

3. Ordering process and conclusion of contract

1. The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, eg deleted. Otherwise, the customer can initiate the completion of the ordering process. 
2. By clicking on the button that concludes the ordering process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
3. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop or, if used and named, on the platform used or by means of other communication channels) and ends with the end of your last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. The acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller and at the latest through the completion of the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer.
4. A contract between the customer and the seller can also be concluded by e-mail. The customer can send a binding offer to the seller by e-mail or, if the seller has sent a binding offer, accept this by e-mail.
5. A contract between the customer and the seller can also be concluded by means of information in a contact form. The customer can submit a binding offer to the seller via the contact form or, if the seller submits a binding offer, accept this via the contact form.

4. Ordering process and contract conclusion on the Amazon platform

1. The terms of this section apply to orders placed through the Amazon platform. The sales contract is concluded with the seller and not with Amazon.
2. The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, eg deleted. Otherwise, the customer can initiate the completion of the ordering process. 
3. In addition to the ordering process via Amazon's "shopping cart" system, the customer can complete the ordering process directly by pressing the "1-Click" or "Buy Now" button from Amazon. In this case, an order is automatically created and sent to the delivery address stored by the customer at Amazon. The order can then be changed or canceled in the overview of orders in the "My Account" area. The purchase price is paid using the payment method stored by the customer at Amazon for the "1-Click" or "Buy Now" method. The customer will be informed about the delivery and payment options in a separate notice and can also change the delivery and payment details in the "My Account" area. The use of the "1-Click" or "Buy Now" method may also require activation by the customer in their Amazon account. 
4. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the conclusion of the order process by the customer and ends with the end of their last day. The seller can accept the customer's offer through an explicit acceptance of the contract by the seller or by Amazon, also by e-mail. The acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller or by Amazon and at the latest by the completion of the payment process. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer.

5. Contract Text and Contract Language

1. The seller saves the text of the contract and makes it available to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.
2. If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
3. The contract language is German, contracts can be concluded in this language.

6. Information on prices and shipping costs

1. Unless otherwise stated, all prices are total prices including the applicable statutory sales tax (VAT).
2. The delivery and shipping fees incurred in addition to the sales price will be communicated or linked to the customer in the respective product description and before the order is completed.

7. Payment Methods and Terms of Payment

1. Unless otherwise agreed, payments are to be made without deductions, cash discounts or other discounts.
2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service provider also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This in particular because the provision of payment methods or the payment procedure can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
3. The customer ensures that he fulfills the conditions incumbent on him that are necessary for successful payment using the selected payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions.
4. If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed about the transfer in good time (so-called "pre-notification").
5. SEPA direct debit procedure - By placing the order, the customer gives the seller a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification"). The pre-notification is not bound by form and can take the form of an invoice, information in an e-mail, on a website or in general terms and conditions, for example. The period for advance notice of the date of debiting the bank account is 5 days (referred to as the "Pre-Notification Period"). The invoice amount is due after the direct debit mandate has been issued, but not before the pre-notification period has expired. The account will be debited before the goods are shipped, but not before the pre-notification period has expired. 
6. Credit card payment - When placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after completing the order and after the customer has been authorized as the legitimate cardholder.
7. Klarna - The payment is made via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") using the Klarna payment method provided or selected by the customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com/de/ and are communicated to the customer during the payment process.
8. Klarna PayNow credit card - The customer must identify themselves as the legitimate cardholder to carry out the payment before the payment transaction is carried out and the customer's account is automatically debited.
9. Klarna PayNow direct debit - The customer gives Klarna a SEPA direct debit mandate. With the granting of the SEPA direct debit mandate, Klarna is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification").
10. Klarna invoice - Prerequisite is a successful check of the address and the customer's creditworthiness by Klarna. When purchasing on account, the customer receives the goods first. The term of payment is 14 days, unless otherwise agreed during the payment process. The seller assigns his payment claim to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. 
11. Klarna installment payment - A prerequisite for Klarna installment purchase is a successful check of the customer's address and creditworthiness by Klarna. The seller assigns his payment claim against the customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. Further information on European standard information for consumer credit, financing via Klarna, in particular the installments, and minimum amount of installment payments as well as Klarna's terms and conditions: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
12. Klarna Sofortüberweisung (Sofort) - The payment is made using online banking data by the provider Sofort GmbH immediately after the order has been placed in accordance with the Klarna Sofortüberweisung conditions (which are also communicated to the customer during the ordering process). Further information: https://www.klarna.com/sofort/.
13. PayPal - The payment is made via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal type provided or selected by the customer -Payment made. Customers are forwarded directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
14. PayPal Express - The customer pays the amount owed using the PayPal transaction process.
15. PayPal Plus (PayPal) - The customer must have a PayPal account and uses the PayPal transaction process to pay the amount owed.
16. PayPal Plus (direct debit) - The customer can pay using PayPal's direct debit procedure even if he does not have a PayPal account. The customer gives PayPal a SEPA direct debit mandate. With the granting of the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification").
17. PayPal Plus (credit card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The customer must identify themselves as the legitimate cardholder in order to carry out the payment before the payment transaction is carried out and the customer's account is automatically debited.

8. Retention of Title

If the seller pays in advance, the delivered products remain the property of the seller until full payment has been made.

9. Delivery, Availability of Goods

1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed. 
2. If a payment service provider is used with whom a delivery address is stored and the seller is informed of this delivery address as decisive for the ordered delivery through the use of the payment method by the customer, the goods will be delivered to the different delivery address.
3. If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
4. If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to ensuring delivery and a possible and reasonable effort, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable goods are available or the customer does not wish to have comparable goods delivered, the seller will immediately reimburse the customer for any consideration already paid.

10. Sale of Vouchers

These terms and conditions apply accordingly to the sale of vouchers that embody material or monetary values.

11. Sale of License Keys

1. These GTC apply accordingly to the sale of license keys.
2. When purchasing a license key, the customer is granted the rights to use the respective product, for example software or content, as can be seen from the product description.
3. If not specified in the product description, the license key may only be used after the fee has been paid.

12. Subscriptions

1. "Subscription" means the regular purchase of products or other services by "subscribers" (as customers are known in connection with subscription contracts) within the framework of an ongoing contractual relationship (also referred to as "subscription contract") over a specified period of time (also referred to as " Reference period") understood .
2. A subscription contract obliges the seller to deliver the services covered by the subscription contract or to take other actions at the agreed times or intervals and within the agreed reference period. The details of the individual subscriptions are given with their respective offers.
3. The termination takes place on the next performance or delivery date or the next delivery within the reference period.
4. Subscriptions are billed in advance at the beginning of the subscription period.
5. The Subscriber shall notify the Seller immediately of any changes to the delivery or delivery address and shall otherwise be responsible for any delays in delivery due to the failure to notify.
6. The right to an extraordinary termination of the subscription contract remains reserved in accordance with the statutory provisions.
7. Subscription contracts can be terminated in text form (e.g. email).

13. Promotional Coupons

1. "Promotional vouchers" are understood to be vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). On the other hand, promotional vouchers do not represent vouchers that embody a specific monetary or material value and are purchased by the customer as a product.
2. Promotional vouchers can only be taken into account under the communicated conditions, taking into account restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.
3. Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
4. Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.
5. Promotional vouchers issued by the seller may only be redeemed with the seller.
6. Unless otherwise stated, promotional vouchers can only be redeemed before completing the ordering process.
7. If an amount remains to be paid after a promotional voucher has been redeemed, it can be paid using the payment options offered by the seller. 
8. If a campaign voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods without the remaining amount being paid out.

14. Cancellation policy

The information on the right of withdrawal for consumers can be found in the seller's instructions on withdrawal.

15. Warranty and Liability

1. The warranty (liability for defects) is determined subject to the following provisions according to statutory provisions.
2. The seller is not responsible for the customer's internet connection, the software and hardware used by the customer or any disruptions to the establishment or execution of the contract between the customer and the seller caused by them.
3. The seller is liable without limitation for damages if the cause of the damage is based on intent or gross negligence. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies (cardinal obligations) or in case of agreed guarantee promises. In this case, however, the seller is only liable for the foreseeable, contract-typical and expected damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability regulations also apply to claims for damages by the customer within the framework of the seller's statutory warranty.
4. The limitations of warranty and liability obligations and shortening of the relevant periods do not apply to claims for damages and reimbursement of expenses by customers, goods that have been used for a building in accordance with their normal use and have caused its defectiveness, as well as for existing updating obligations in the case of contracts for digital products .
5. The restrictions on the warranty and liability obligations and the shortening of the relevant periods do not apply in the case of mandatory consumer rights of recourse on the part of the customer. This applies in particular in the case of claims for damages and reimbursement of expenses by consumers, in the case of the shortening of deadlines for products that have been used for a building in accordance with their normal use and have caused its defectiveness, and in the case of any obligation to update contracts for digital products.

16. Dispute Resolution and Consumer Dispute Resolution

1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to settle their disputes. 
2. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

Cancellation policy and cancellation form for consumers

"Consumer" within the meaning of this cancellation policy is any natural person who concludes a legal transaction for purposes that can be attributed primarily neither to their commercial nor their self-employed professional activity.

right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. 

In order to exercise your right of cancellation, you must send us (Example Company X, owner Max Mustermann, Musterstr. 22, 04021 Musterstadt, Musterland, e-mail address: first name.surname@musterunternehmen.de, telephone number: 0049 30 1234567890) by means of a clear statement ( E.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

On

Model company X, owner Max Mustermann, Musterstr. 22, 04021 Musterstadt, Musterland, e-mail address: firstname.lastname@samplecompany.de 

I/we (*) hereby revoke the contract concluded by me/us (*)

Purchase of the following goods (*)/provision of the following service (*)

______________________________________________________

______________________________________________________

Ordered on (*) ____________ / received on (*) _________________

_______________________________________________________

Name of consumer(s)

_______________________________________________________

Address of consumer(s)

_______________________________________________________

Signature of consumer(s) (only if notification is on paper)

__________________________

date

(*) Delete where not applicable