General Terms And Conditions
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Scope of Application
Conclusion of Contract
Prices and Payment Terms
Delivery and Shipping Terms
Right of Withdrawal
Retention of Title
Liability for Defects
Liability
Indemnification in the Event of Infringement of Third-Party Rights
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Information on Online Dispute Resolution
1. Scope of Application
1.1
These General Terms and Conditions, hereinafter referred to as “GTC”, of Christoph Klug, hereinafter referred to as the “Seller”, apply to all contracts concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.3
An entrepreneur 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 self-employed professional activity.
2. Conclusion of Contract
2.1
The presentation of goods, in particular in the online shop, does not constitute a binding offer by the Seller.
2.2
The Customer first places the selected goods in the shopping cart. In the next step, the order process begins, during which all data required for order processing is collected.
At the end of the ordering process, a summary of the order and contract details is displayed. Only after confirming these order and contract details by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
The Customer may also submit this offer to the Seller by fax, email, post or telephone.
2.3
The Seller accepts the Customer’s offer by one of the following possible alternatives:
sending a written order confirmation or an order confirmation in text form, by fax or email;
or
requesting payment from the Customer after the order has been placed;
or
delivering the ordered goods.
The first alternative to occur shall be decisive for the time of acceptance.
The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon 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 a rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4
If the payment method “PayPal” or “PayPal Express” is selected, payment processing is carried out 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”. The PayPal User Agreement applies and is available at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or, for Customers without their own PayPal account:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the Customer selects the payment method “PayPal” or “PayPal Express” for payment of their purchase, or pays via one of the PayPal payment methods, the Customer submits their offer by clicking the button that completes the ordering process. If the Customer simultaneously issues the payment order to PayPal by clicking this button, the Seller, deviating from the above provisions, declares acceptance of the Customer’s offer at the time the payment order is issued.
2.5
The contract text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller’s internal systems. The Customer may view the General Terms and Conditions on this page at any time. The order data, withdrawal instructions and GTC are sent to the Customer by email. After completion of the order, the contract text is available to the Customer free of charge via their customer login, provided the Customer has created a customer account.
2.6
All entries made are displayed before clicking the order button and can be viewed and corrected by the Customer before submitting the order by using the browser’s back button or the usual mouse and keyboard functions. In addition, correction buttons are available to the Customer, where provided, which are labelled accordingly.
2.7
The contract language is German.
2.8
It is the Customer’s responsibility to provide a correct email address for contact and order processing and to configure the filter settings so that emails relating to this order can be delivered.
3. Prices and Payment Terms
3.1
The prices displayed are final prices including statutory VAT, unless otherwise agreed. If additional shipping costs apply, this will be indicated in the product description.
3.2
The Customer may choose from the payment methods available in the online shop.
3.3
In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4
When paying by “PayPal”, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. The PayPal Terms of Use apply and can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
3.5 PayPal Checkout
If you pay via PayPal Checkout, payment processing is carried out through the PayPal 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”, whereby PayPal may also use the services of third-party payment providers, which you may select where offered.
If payment methods are also offered on this website in which the Seller provides goods or services in advance, such as purchase on account or instalment payment, the Seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer. PayPal or the selected third-party provider first carries out a credit check before accepting the Seller’s assignment offer. The selected payment method may be refused if the credit check produces a negative result.
Once the selected payment method has been approved, payment can only be made to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.6
When paying by “PayPal Direct Debit”, the claim is collected by PayPal from the Customer’s bank account after a SEPA direct debit mandate has been issued and after expiry of the pre-notification period on behalf of the Seller. A pre-notification is the Seller’s announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, be made in the form of an invoice or contract.
If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the reversal, provided the Customer is responsible for this. The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by payment by direct debit.
3.7
When paying by “PayPal Instalment Payment”, the Customer concludes an instalment payment agreement with PayPal. If PayPal allows payment via “PayPal Instalment Payment”, the Customer must pay the invoice amount to PayPal under the conditions set by PayPal, which are communicated to the Customer in the PayPal payment portal.
The PayPal Terms of Use apply and can be found here:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by this payment method.
3.8
When paying on account via “PayPal Invoice”, payment processing is carried out by PayPal.
The purchase price becomes due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
Purchase on account requires a successful credit check by PayPal.
If, after checking the Customer’s creditworthiness, purchase on account is permitted, the Seller assigns his claim to PayPal. Therefore, payment can only be made to PayPal with debt-discharging effect.
The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by this payment method.
In all other respects, the General Terms of Use for the use of PayPal purchase on account apply:
https://www.paypal.com/de/webapps/mpp/ua/pui-terms
4. Delivery and Shipping Terms
4.1
Goods are delivered by shipping to the delivery address specified by the Customer. In deviation from this, when paying by PayPal, the delivery address stored with PayPal at the time of payment shall be decisive.
4.2
If the Seller incurs additional costs due to the provision of an incorrect delivery address, an incorrect recipient or other circumstances that make delivery impossible, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility of delivery. The same applies if the Customer was temporarily unable to accept the service, unless the Seller had given the Customer reasonable prior notice of the service.
This rule does not apply to the costs of outbound delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall remain applicable.
4.3
Collection by the Customer is not offered.
4.4
Vouchers are provided to the Customer in the following form:
by email
by download
by post
5. Right of Withdrawal
5.1
If the Customer is a consumer, they generally have a right of withdrawal.
5.2
The Seller’s withdrawal instructions apply to the right of withdrawal.
5.3
Consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union shall have no right of withdrawal.
6. Retention of Title
If the Seller provides goods or services in advance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Liability for Defects
7.1
With regard to warranty rights, the statutory provisions on liability for defects apply, unless otherwise agreed.
For used goods, the warranty period is, in deviation from the statutory provision, one year from delivery of the goods. The shortened one-year warranty period does not apply:
to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
to claims for damages and reimbursement of expenses by the Customer;
or
in the event that the Seller has fraudulently concealed the defect.
Any obligation of the Seller to provide updates for digital products, when purchasing goods with digital elements, is also not affected by this limitation.
7.2
The Customer is requested to report delivered goods with obvious transport damage to the delivery service and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
8. Liability
The Seller’s liability arising from all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses shall be determined as follows:
8.1
The Seller is liable without limitation only for damages caused by intentional or grossly negligent conduct.
In the event of injury to life, body or health and in the event of breach of essential contractual obligations, also known as cardinal obligations, the Seller is also liable in cases of slight negligence.
An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
The Seller is also liable as set out above on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damages, in particular loss of profit, and to mandatory liability, such as liability under the Product Liability Act.
8.2
Except in cases of intentional or grossly negligent conduct, damages arising from injury to life, body or health and the breach of essential contractual obligations, also known as cardinal obligations, liability is limited to damages typically foreseeable at the time of conclusion of the contract and, in all other respects, limited in amount to the average damages typical for the contract. This also applies to indirect consequential damages, in particular loss of profit.
8.3
Any further liability of the Seller is excluded.
8.4
The above liability provisions also apply accordingly in favour of the Seller’s employees and vicarious agents.
9. Indemnification in the Event of Infringement of Third-Party Rights
If, in addition to the delivery of goods, the Seller is contractually obliged to process the goods according to specific instructions of the Customer, the Customer must ensure that the content provided by the Customer to the Seller for this purpose does not infringe the rights of third parties.
The contracting parties agree that the Customer shall indemnify the Seller against claims by third parties in this connection, unless the Customer is not responsible for the infringement. The indemnification also includes the assumption of reasonable costs of necessary legal defence, including all court and lawyer’s fees in the statutory amount.
In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, completely and truthfully with all information required to examine the claims and conduct a defence.
10. Redemption of Promotional Vouchers
10.1
Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which 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 period specified by the Seller.
10.2
Individual products may be excluded from the voucher promotion. Any specific restrictions can be found in the promotional voucher, where applicable.
10.3
Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
10.4
Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.5
The value of the goods in the respective order must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6
If the value of a promotional voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to settle the difference.
10.7
The credit balance of a promotional voucher is neither paid out nor does it bear interest.
10.8
The promotional voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9
The promotional voucher is personal and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.
11. Applicable Law
11.1
The law of the Federal Republic of Germany applies, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer as a consumer has their habitual residence, remain unaffected.
11.2
This choice of law does not apply with regard to the statutory right of withdrawal for consumers if, at the time of conclusion of the contract, they do not belong to any member state of the European Union and their sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the Customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller is also entitled to bring proceedings before the court at the Customer’s registered office.
13. Information on Online Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Scope of Application
Conclusion of Contract
Prices and Payment Terms
Delivery and Shipping Terms
Right of Withdrawal
Retention of Title
Liability for Defects
Liability
Indemnification in the Event of Infringement of Third-Party Rights
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Information on Online Dispute Resolution
1. Scope of Application
1.1
These General Terms and Conditions, hereinafter referred to as “GTC”, of Christoph Klug, hereinafter referred to as the “Seller”, apply to all contracts concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.3
An entrepreneur 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 self-employed professional activity.
2. Conclusion of Contract
2.1
The presentation of goods, in particular in the online shop, does not constitute a binding offer by the Seller.
2.2
The Customer first places the selected goods in the shopping cart. In the next step, the order process begins, during which all data required for order processing is collected.
At the end of the ordering process, a summary of the order and contract details is displayed. Only after confirming these order and contract details by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
The Customer may also submit this offer to the Seller by fax, email, post or telephone.
2.3
The Seller accepts the Customer’s offer by one of the following possible alternatives:
sending a written order confirmation or an order confirmation in text form, by fax or email;
or
requesting payment from the Customer after the order has been placed;
or
delivering the ordered goods.
The first alternative to occur shall be decisive for the time of acceptance.
The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon 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 a rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4
If the payment method “PayPal” or “PayPal Express” is selected, payment processing is carried out 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”. The PayPal User Agreement applies and is available at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or, for Customers without their own PayPal account:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the Customer selects the payment method “PayPal” or “PayPal Express” for payment of their purchase, or pays via one of the PayPal payment methods, the Customer submits their offer by clicking the button that completes the ordering process. If the Customer simultaneously issues the payment order to PayPal by clicking this button, the Seller, deviating from the above provisions, declares acceptance of the Customer’s offer at the time the payment order is issued.
2.5
The contract text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller’s internal systems. The Customer may view the General Terms and Conditions on this page at any time. The order data, withdrawal instructions and GTC are sent to the Customer by email. After completion of the order, the contract text is available to the Customer free of charge via their customer login, provided the Customer has created a customer account.
2.6
All entries made are displayed before clicking the order button and can be viewed and corrected by the Customer before submitting the order by using the browser’s back button or the usual mouse and keyboard functions. In addition, correction buttons are available to the Customer, where provided, which are labelled accordingly.
2.7
The contract language is German.
2.8
It is the Customer’s responsibility to provide a correct email address for contact and order processing and to configure the filter settings so that emails relating to this order can be delivered.
3. Prices and Payment Terms
3.1
The prices displayed are final prices including statutory VAT, unless otherwise agreed. If additional shipping costs apply, this will be indicated in the product description.
3.2
The Customer may choose from the payment methods available in the online shop.
3.3
In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4
When paying by “PayPal”, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. The PayPal Terms of Use apply and can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
3.5 PayPal Checkout
If you pay via PayPal Checkout, payment processing is carried out through the PayPal 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”, whereby PayPal may also use the services of third-party payment providers, which you may select where offered.
If payment methods are also offered on this website in which the Seller provides goods or services in advance, such as purchase on account or instalment payment, the Seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer. PayPal or the selected third-party provider first carries out a credit check before accepting the Seller’s assignment offer. The selected payment method may be refused if the credit check produces a negative result.
Once the selected payment method has been approved, payment can only be made to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.6
When paying by “PayPal Direct Debit”, the claim is collected by PayPal from the Customer’s bank account after a SEPA direct debit mandate has been issued and after expiry of the pre-notification period on behalf of the Seller. A pre-notification is the Seller’s announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, be made in the form of an invoice or contract.
If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the reversal, provided the Customer is responsible for this. The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by payment by direct debit.
3.7
When paying by “PayPal Instalment Payment”, the Customer concludes an instalment payment agreement with PayPal. If PayPal allows payment via “PayPal Instalment Payment”, the Customer must pay the invoice amount to PayPal under the conditions set by PayPal, which are communicated to the Customer in the PayPal payment portal.
The PayPal Terms of Use apply and can be found here:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by this payment method.
3.8
When paying on account via “PayPal Invoice”, payment processing is carried out by PayPal.
The purchase price becomes due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
Purchase on account requires a successful credit check by PayPal.
If, after checking the Customer’s creditworthiness, purchase on account is permitted, the Seller assigns his claim to PayPal. Therefore, payment can only be made to PayPal with debt-discharging effect.
The remaining contractual relationship as well as the rights and obligations towards the Seller and of the Seller remain unaffected by this payment method.
In all other respects, the General Terms of Use for the use of PayPal purchase on account apply:
https://www.paypal.com/de/webapps/mpp/ua/pui-terms
4. Delivery and Shipping Terms
4.1
Goods are delivered by shipping to the delivery address specified by the Customer. In deviation from this, when paying by PayPal, the delivery address stored with PayPal at the time of payment shall be decisive.
4.2
If the Seller incurs additional costs due to the provision of an incorrect delivery address, an incorrect recipient or other circumstances that make delivery impossible, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility of delivery. The same applies if the Customer was temporarily unable to accept the service, unless the Seller had given the Customer reasonable prior notice of the service.
This rule does not apply to the costs of outbound delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall remain applicable.
4.3
Collection by the Customer is not offered.
4.4
Vouchers are provided to the Customer in the following form:
by email
by download
by post
5. Right of Withdrawal
5.1
If the Customer is a consumer, they generally have a right of withdrawal.
5.2
The Seller’s withdrawal instructions apply to the right of withdrawal.
5.3
Consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union shall have no right of withdrawal.
6. Retention of Title
If the Seller provides goods or services in advance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Liability for Defects
7.1
With regard to warranty rights, the statutory provisions on liability for defects apply, unless otherwise agreed.
For used goods, the warranty period is, in deviation from the statutory provision, one year from delivery of the goods. The shortened one-year warranty period does not apply:
to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
to claims for damages and reimbursement of expenses by the Customer;
or
in the event that the Seller has fraudulently concealed the defect.
Any obligation of the Seller to provide updates for digital products, when purchasing goods with digital elements, is also not affected by this limitation.
7.2
The Customer is requested to report delivered goods with obvious transport damage to the delivery service and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
8. Liability
The Seller’s liability arising from all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses shall be determined as follows:
8.1
The Seller is liable without limitation only for damages caused by intentional or grossly negligent conduct.
In the event of injury to life, body or health and in the event of breach of essential contractual obligations, also known as cardinal obligations, the Seller is also liable in cases of slight negligence.
An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
The Seller is also liable as set out above on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damages, in particular loss of profit, and to mandatory liability, such as liability under the Product Liability Act.
8.2
Except in cases of intentional or grossly negligent conduct, damages arising from injury to life, body or health and the breach of essential contractual obligations, also known as cardinal obligations, liability is limited to damages typically foreseeable at the time of conclusion of the contract and, in all other respects, limited in amount to the average damages typical for the contract. This also applies to indirect consequential damages, in particular loss of profit.
8.3
Any further liability of the Seller is excluded.
8.4
The above liability provisions also apply accordingly in favour of the Seller’s employees and vicarious agents.
9. Indemnification in the Event of Infringement of Third-Party Rights
If, in addition to the delivery of goods, the Seller is contractually obliged to process the goods according to specific instructions of the Customer, the Customer must ensure that the content provided by the Customer to the Seller for this purpose does not infringe the rights of third parties.
The contracting parties agree that the Customer shall indemnify the Seller against claims by third parties in this connection, unless the Customer is not responsible for the infringement. The indemnification also includes the assumption of reasonable costs of necessary legal defence, including all court and lawyer’s fees in the statutory amount.
In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, completely and truthfully with all information required to examine the claims and conduct a defence.
10. Redemption of Promotional Vouchers
10.1
Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which 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 period specified by the Seller.
10.2
Individual products may be excluded from the voucher promotion. Any specific restrictions can be found in the promotional voucher, where applicable.
10.3
Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
10.4
Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.5
The value of the goods in the respective order must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6
If the value of a promotional voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to settle the difference.
10.7
The credit balance of a promotional voucher is neither paid out nor does it bear interest.
10.8
The promotional voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9
The promotional voucher is personal and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.
11. Applicable Law
11.1
The law of the Federal Republic of Germany applies, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer as a consumer has their habitual residence, remain unaffected.
11.2
This choice of law does not apply with regard to the statutory right of withdrawal for consumers if, at the time of conclusion of the contract, they do not belong to any member state of the European Union and their sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the Customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller is also entitled to bring proceedings before the court at the Customer’s registered office.
13. Information on Online Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.