General Terms and Conditions with Customer Information
Table of contents
Area of validity
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital contents
Retention of title
Liability for defects (warranty)
Special conditions for the processing of goods according to certain specifications of the customer
Special conditions for assembly/installation services
Redemption of promotional vouchers
Redemption of gift vouchers
Code of Conduct
Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of André Wagner (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2These GTC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.4These GTC apply accordingly to contracts for the delivery of tickets, unless otherwise expressly regulated. In this context, these GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the performance of these events. The legal provisions in the relationship between the customer and the event organizer as well as any terms and conditions of the event organizer deviating from these shall apply exclusively to the execution of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.5For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.6Digital contents in the sense of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of contract
2.1The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but are used for the submission of a binding offer by the Customer.
2.2The customer can submit the offer via the online order form integrated in 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 regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
2.3The 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, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which 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 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 consequence that the Customer shall no longer be bound by his declaration of intent.
2.5If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes 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 order process.
2.6When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. 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 free of charge via his password-protected user account by providing the relevant login data.
2.7Before placing 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. 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 during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8Only the German language is available for the conclusion of the contract.
2.9Order processing and contacting usually take place via e-mail and automated order processing. The customer has to make sure that the e-mail address given by him for order processing is correct, so that e-mails sent by the seller can be received under this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of revocation.
3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money 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.
4.3The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6If the payment method "SOFORT" is selected, the payment will be processed by 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 that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort/.
4.7If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7(seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume specified is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.8If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.
4.9If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. Furthermore, the Seller reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.
4.10If the payment method "PayPal Invoice" is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative check result. If the payment method "PayPal Invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only pay PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.11If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
5.3In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's headquarters by arrangement with the seller. In this case, no shipping costs will be charged.
5.4Digital contents are provided to the customer exclusively in electronic form as follows:
5.5Vouchers are provided to the customer as follows:
5.6Tickets are provided to the customer as follows:
6) Granting of rights of use for digital content
6.1Unless otherwise stated in the description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.
6.2A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.
7) Retention of title
If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1If, according to the content of the contract, the Seller is also obliged to process the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.
9.2The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
9.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular in the case of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, is also responsible for the assembly or installation of the goods at the Customer's premises and, if applicable, the corresponding preparatory measures (e.g. measurement), the following shall apply:
10.1Seller shall render its services at its own discretion either in its own person or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.
10.2The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, insofar as the procurement of such information does not fall within the scope of the Seller's duties according to the content of the contract.
10.3The Seller shall contact the Customer after the conclusion of the contract in order to arrange a date for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer's facilities concerned on the agreed date.
10.4The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.
11) Redemption of promotional vouchers
11.1Vouchers which are 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 "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
11.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4Only one promotional voucher can be redeemed per order.
11.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6If 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 chosen to settle the difference.
11.7The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
11.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
11.9The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
12) Redemption of gift vouchers
12.1Gift Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
12.2Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
12.3Gift Vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.
12.4Only one gift voucher can be redeemed per order.
12.5Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
12.6If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
12.7The balance of a Gift Voucher will not be paid out in cash and will not accrue interest.
12.8The Gift Voucher is intended for use only by the person named on it. The Gift Voucher may not be transferred to any third party. The Seller is entitled, but not obliged, to verify the material eligibility of the relevant Gift Voucher holder.
13) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
14) Code of Conduct
The seller has submitted to the guidelines for "Google customer reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.
The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
15) Alternative dispute resolution
15.1The EU Commission provides a platform for online dispute resolution on the Internet at 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.
15.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.