Terms and conditions (GTC/AGB)
§ 1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Thomas Schostok (hereinafter referred to as "Seller") shall 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 its online store. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for predominantly non-commercial or self-employed purposes.
1.3 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 self-employed professional activity.
1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data created and provided in digital form.
§ 2 Conclusion of the contract
2.1 The product descriptions in the Seller's online store do not constitute binding offers by the Seller, but serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer may submit an offer via the online order form integrated in the Seller's online store. Thus, 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 in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days
- by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the customer, whereby 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 acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer is sent. If the Seller does not accept the Customer's offer within this period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 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 the Customer has sent his order. The seller will not make the contract text accessible beyond that. If the customer has created a user account in the seller's online store before sending his order, the order data will be stored 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 access data.
2.6 Prior to the binding submission of an order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen.
2.7 For the conclusion of the contract the language English is available.
2.8 The order processing and contacting is usually done by e-mail and automatic order processing. The customer has to ensure that the e-mail address provided by him for order processing is accurate, so that the 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 engaged by the seller for order processing can be delivered.
§ 3 Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose only place of residence and delivery address are outside the European Union at the time the contract is concluded.
§ 4 Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs shall be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds if 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 options will be communicated to the Customer in the Seller's online store.
§ 5 Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in Seller's order processing is decisive for processing the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs that the seller has to bear as a result. This does not apply to the costs of return shipment if the customer actually exercises his right of withdrawal. If the customer actually exercises his right of revocation, the provision contained in the revocation instructions of the seller shall apply to the costs of return.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the freight forwarder, carrier or any other person or institution assigned to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes in principle only to the customer or a person authorized to receive the goods when the goods are delivered to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, including in the case of consumers, as soon as the seller has delivered the goods to the shipper, carrier or person or institution otherwise designated to make the shipment, if the customer instructs the shipper, carrier or person or institution otherwise designated to make the shipment to make the shipment and the seller has not previously appointed this person or institution to the customer.
5.4 Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and the Seller has, with due diligence, entered into a specific hedging transaction with the supplier. Seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content shall be provided to the Customer as follows:
by download / by e-mail / by direct access via the Contractor's website
§ 6 Retention of title
We retain title to the goods until the purchase price has been received in full.
§ 7 Warranty
The legal warranty regulations under German law apply.
§ 8 Granting of rights of use for digital content
8.1 Unless otherwise stated in the description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content for private and commercial purposes.
8.2 A 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.
8.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
§ 9 Liability for defects (warranty)
9.1 Unless otherwise stipulated in the following provisions, the provisions of the legal liability for defects shall apply. This does not apply to contracts for the delivery of goods:
9.2 If the customer acts as a contractor,
– the seller has the choice of the type of subsequent performance;
– in the case of new goods, the limitation period for defects is one year from delivery of the goods;
– in the case of used goods, rights and claims for defects are excluded;
– the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.
9.3 The above limitations of liability and the reduction of the period shall not apply to
– to claims for damages and reimbursement of expenses of the customer
– if the Seller has fraudulently concealed the defect
– for goods that have been used according to their usual use for a building and have caused the defect
– for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
9.4 Furthermore, for entrepreneurs, the statutory limitation periods for any legal claims that may exist shall remain unaffected.
9.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and report defects pursuant to § 377 of the German Commercial Code (HGB). If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
9.6 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the consignee and to inform the Seller. If the customer fails to do so, this shall have no effect on his legal or contractual claims for defects.
§ X Applicable law
X.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, with the exclusion of the laws on the international purchase of movable property. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not revoked by mandatory provisions of the law of the state in which the consumer has his habitual residence.
X.2 Furthermore, this choice of law in relation to the statutory right of withdrawal shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose only place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
§ Y Alternative Dispute Resolution
Y.1 The EU 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 resolution of disputes arising from online purchase contracts or service contracts involving a consumer.
Y.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration committee.