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General Terms and Conditions with Customer Information

Last Update: 20. October 2023

Table of contents

1. Validity of the GTC

 

  • Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  • All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
  • A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

 

2. Ordering Process and Conclusion of Contract

 

  • The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  • By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
  • A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
  • A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

 

3. Contract Text and Contract Language

 

  • The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  • The contract languages are German and English, contracts can be concluded in these languages.

 

4. Customer Account

 

  • The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
  • To place an order, Customers must create a Customer account. Ordering as a Guest is not possible.
  • Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
  • Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
  • The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
  • Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
  • From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

 

5. Prices and Shipping Costs

 

  • Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  • In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.

 

6. Payment Methods and Terms

 

  • Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  • When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may 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.).
  • The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  • If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
  • If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
  • Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences..
  • Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
  • PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
  • PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
  • Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe's terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.

 

7. Digital Contents

 

  • "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
  • The provisions of these GTC apply accordingly to the sale of Digital Content.
  • The provisions of these GTC shall apply accordingly to the sale of tangible media that serve exclusively as carriers of digital content.
  • Digital Contents are provided to the Customer in the form of a download possibility.
  • Digital content is delivered to the buyer in the form of a continuous stream of data, referred to as a "Streaming".
  • Digital content is sent to the Customer by e-mail to the e-mail address provided.
  • Digital Contents are provided immediately after purchase, at the latest within 24 hours.
  • The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
  • The Digital Content will be made available to the Customer Account, provided that a Customer Account has been created.
  • For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).

 

8. Digital Services

 

  • "Digital Service" means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.
  • The provisions of these GTC shall apply accordingly to Digital Services.

 

9. Subscriptions

 

  • "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").
  • A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
  • Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.
  • Subscriptions are billed in advance at the beginning of each Subscription Period.
  • Trial subscriptions automatically convert to a paid subscription unless cancelled within the trial period.
  • The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.
  • The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
  • Subscription contracts can only be cancelled electronically by e-mail or in the user account.

 

10. Promotional vouchers

 

  • "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  • Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  • Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  • Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
  • Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  • Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  • If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  • If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

 

11. Copyright and Rights of Use

 

  • The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
  • The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
  • If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
  • The rights granted are limited to private use purposes and do not include business or corporate use.
  • If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.

 

12. Instructions on Withdrawal

 

  • The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
  • The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.

 

13. Warranty and Liability

 

  • Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
  • The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
  • The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
  • The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.

 

14. Change of GTC

 

  • The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
  • The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

 

15. Dispute Resolution

 

  • The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  • We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

 

Legal text by Dr. Schwenke - please click for further information.

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