Conditions
Terms of Service
Conditions
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of Title
7. Liability for defects
8. Liability
9. Redeeming gift certificates
10. Redemption of campaign vouchers
11. Place of jurisdiction
12. Severability Clause
1. Scope
1.1. These general terms and conditions, hereinafter "GTC" of Ligna Arts GbR, hereinafter "seller", apply to all contracts that a consumer or entrepreneur, hereinafter "customer", concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.nbart.
1.2. These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the seller by phone, fax, email or post.
2.3. The seller can 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, whereby the customer's receipt of the goods is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4. If the customer selects "direct debit" or "direct debit" as the payment method during the ordering process, the seller can also accept the customer's offer by collecting the total price from the customer's bank account within five days, the time being decisive in this respect to which the customer's account is debited. For the rest, section 2.3 applies accordingly.
2.5. If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.7. When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form after submitting his order along with these terms and conditions. B. E-mail, fax or letter. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.t.
2.8. Before placing a binding order using the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.9. Only the German language is available for the conclusion of the contract.
2.10. Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1. Consumers generally have a right of withdrawal.
3.2. Further information on the right of cancellation can be found in the seller's cancellation policy.
4. Prices and terms of payment
4.1. All prices quoted are final prices plus delivery / shipping costs.Due to the small business status according to 19 UStG, we do not charge sales tax and therefore do not show it.. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2. In the case of deliveries to countries outside the European Union, additional costs may arise 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. Duties. Such costs can also arise 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.mmt.
4.3. Various payment options are available to the customer, which are specified in the seller's online shop.
4.4. If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.5. If you select the "PayPal" payment method, payment will 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, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies u. a. requires that the customer opens or already has a PayPal account.t.
4.6. When purchasing by direct debit, the payment amount is due immediately for payment by collection by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin, hereinafter referred to as "Billpay", from the current account specified in the order process at the bank specified there. You hereby give Billpay a SEPA direct debit mandate to collect payments due and instruct your financial institution to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you at a later date by email together with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: You can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with your financial institution apply. Please note that the due claim remains in place even with a return debit. You can find more information at https://www.billpay.de/sepa.epa.
The advance information about the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have sufficient funds, the bank holding the account has no obligation to redeem it. Partial redemption will not be made in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay and a current account in Germany. If the customer is allowed to purchase by direct debit for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay, to which the seller assigns his payment claim. In this case, the customer can only pay to Billpay with debt-discharging effect. Even when buying by direct debit via Billpay, the seller remains responsible for general customer inquiries, e.g. on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. The general terms and conditions of Billpay apply, which can be accessed via the link below:n:
https://www.billpay.de/allgemein/datenschutz/
By specifying the current account, you confirm that you are entitled to direct debit via the relevant current account and that you will provide the necessary funds. Return debits are associated with a lot of effort and costs for the seller and Billpay. In the event of a return debit due to insufficient funds in the current account, due to the expiry of the current account or an unjustified objection by the account holder, you authorize Billpay to submit the direct debit a second time for the respective payment obligation. In such a case, you are obliged to pay the costs arising from the return debit. We reserve the right to make further claims. You will be given the opportunity to provide evidence that the return debit resulted in lower or no costs. In view of the effort and costs of return debits and to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the payment will be reversed by transferring the corresponding amount back or by crediting it. "."
4.7. If the payment method delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 thirty days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin www.billpay.de. The payment method delivery on account requires a successful credit check by Billpay GmbH. If the customer is permitted to deliver on account after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only pay Billpay GmbH with a debt-discharging effect. Even if the payment method delivery on account via Billpay is selected, the seller remains responsible for general customer inquiries e.g. on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. In addition, the general terms and conditions of Billpay apply to this extent, which can be viewed at: https://www.billpay.de/datenschutz-de/q/allgemein/datenschutz/, which the customer can call up and must confirm during the order process.en muss.
5. Delivery and shipping conditions
5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase process is decisive. Notwithstanding this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance .
5.3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and that the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5. In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.6. Vouchers are given to the customer as follows:
6. Retention of Title
6.1. In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2. In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value including sales tax. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been made.t.
7. Liability for defects
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this applies
7.1. For entrepreneurs
- an insignificant defect does not justify any claims for defects,
- the seller has the choice of the type of supplementary performance,
- For new goods, the limitation period for defects is one year from the transfer of risk,
- In the case of used goods, the rights and claims due to defects are fundamentally excluded
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3. The limitations of liability and reduction of the limitation period regulated above do not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness, for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the seller has fraudulently concealed the defect.
7.4. In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to 478 BGB remain unaffected..
7.5. If the customer acts as a merchant i.S.d. 1 HGB, he is subject to the commercial inspection and notification obligation according to 377 HGB. If the customer fails to comply with the notification requirements stipulated there, the goods are considered approved.t.
7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8. Liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1. The seller is fully liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of negligent or willful injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2. If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
8.3. Incidentally, a liability of the seller is excluded.
8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Redeeming gift certificates
9.1. Vouchers that can be purchased via the seller's online shop, hereinafter referred to as "gift vouchers", can only be redeemed in the seller's online shop.n.
9.2. Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date.
9.3. Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
9.4. Several gift vouchers can be redeemed for one order.
9.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6. If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7. The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8. The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10. Redemption of campaign vouchers
10.1. Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer, hereinafter referred to as "promotional vouchers", can only be redeemed in the seller's online shop and only within the specified period.n.
10.2. Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
10.3. Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
10.4. Only one campaign voucher can be redeemed per order.
10.5. The value of the goods must at least correspond to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference
10.7. The credit of a campaign voucher is neither paid out in cash nor is interest paid.
10.8. The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9. The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of Title
7. Liability for defects
8. Liability
9. Redeeming gift certificates
10. Redemption of campaign vouchers
11. Place of jurisdiction
12. Severability Clause
1. Scope
1.1. These general terms and conditions, hereinafter "GTC" of Ligna Arts GbR, hereinafter "seller", apply to all contracts that a consumer or entrepreneur, hereinafter "customer", concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.nbart.
1.2. These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the seller by phone, fax, email or post.
2.3. The seller can 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, whereby the customer's receipt of the goods is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4. If the customer selects "direct debit" or "direct debit" as the payment method during the ordering process, the seller can also accept the customer's offer by collecting the total price from the customer's bank account within five days, the time being decisive in this respect to which the customer's account is debited. For the rest, section 2.3 applies accordingly.
2.5. If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.7. When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form after submitting his order along with these terms and conditions. B. E-mail, fax or letter. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.t.
2.8. Before placing a binding order using the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.9. Only the German language is available for the conclusion of the contract.
2.10. Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1. Consumers generally have a right of withdrawal.
3.2. Further information on the right of cancellation can be found in the seller's cancellation policy.
4. Prices and terms of payment
4.1. All prices quoted are final prices plus delivery / shipping costs.Due to the small business status according to 19 UStG, we do not charge sales tax and therefore do not show it.. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2. In the case of deliveries to countries outside the European Union, additional costs may arise 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. Duties. Such costs can also arise 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.mmt.
4.3. Various payment options are available to the customer, which are specified in the seller's online shop.
4.4. If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.5. If you select the "PayPal" payment method, payment will 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, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies u. a. requires that the customer opens or already has a PayPal account.t.
4.6. When purchasing by direct debit, the payment amount is due immediately for payment by collection by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin, hereinafter referred to as "Billpay", from the current account specified in the order process at the bank specified there. You hereby give Billpay a SEPA direct debit mandate to collect payments due and instruct your financial institution to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you at a later date by email together with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: You can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with your financial institution apply. Please note that the due claim remains in place even with a return debit. You can find more information at https://www.billpay.de/sepa.epa.
The advance information about the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have sufficient funds, the bank holding the account has no obligation to redeem it. Partial redemption will not be made in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay and a current account in Germany. If the customer is allowed to purchase by direct debit for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay, to which the seller assigns his payment claim. In this case, the customer can only pay to Billpay with debt-discharging effect. Even when buying by direct debit via Billpay, the seller remains responsible for general customer inquiries, e.g. on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. The general terms and conditions of Billpay apply, which can be accessed via the link below:n:
https://www.billpay.de/allgemein/datenschutz/
By specifying the current account, you confirm that you are entitled to direct debit via the relevant current account and that you will provide the necessary funds. Return debits are associated with a lot of effort and costs for the seller and Billpay. In the event of a return debit due to insufficient funds in the current account, due to the expiry of the current account or an unjustified objection by the account holder, you authorize Billpay to submit the direct debit a second time for the respective payment obligation. In such a case, you are obliged to pay the costs arising from the return debit. We reserve the right to make further claims. You will be given the opportunity to provide evidence that the return debit resulted in lower or no costs. In view of the effort and costs of return debits and to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the payment will be reversed by transferring the corresponding amount back or by crediting it. "."
4.7. If the payment method delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 thirty days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin www.billpay.de. The payment method delivery on account requires a successful credit check by Billpay GmbH. If the customer is permitted to deliver on account after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only pay Billpay GmbH with a debt-discharging effect. Even if the payment method delivery on account via Billpay is selected, the seller remains responsible for general customer inquiries e.g. on the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. In addition, the general terms and conditions of Billpay apply to this extent, which can be viewed at: https://www.billpay.de/datenschutz-de/q/allgemein/datenschutz/, which the customer can call up and must confirm during the order process.en muss.
5. Delivery and shipping conditions
5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase process is decisive. Notwithstanding this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance .
5.3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and that the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5. In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.6. Vouchers are given to the customer as follows:
- by post
6. Retention of Title
6.1. In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2. In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value including sales tax. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been made.t.
7. Liability for defects
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this applies
7.1. For entrepreneurs
- an insignificant defect does not justify any claims for defects,
- the seller has the choice of the type of supplementary performance,
- For new goods, the limitation period for defects is one year from the transfer of risk,
- In the case of used goods, the rights and claims due to defects are fundamentally excluded
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3. The limitations of liability and reduction of the limitation period regulated above do not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness, for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the seller has fraudulently concealed the defect.
7.4. In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to 478 BGB remain unaffected..
7.5. If the customer acts as a merchant i.S.d. 1 HGB, he is subject to the commercial inspection and notification obligation according to 377 HGB. If the customer fails to comply with the notification requirements stipulated there, the goods are considered approved.t.
7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8. Liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1. The seller is fully liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of negligent or willful injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2. If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
8.3. Incidentally, a liability of the seller is excluded.
8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Redeeming gift certificates
9.1. Vouchers that can be purchased via the seller's online shop, hereinafter referred to as "gift vouchers", can only be redeemed in the seller's online shop.n.
9.2. Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date.
9.3. Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
9.4. Several gift vouchers can be redeemed for one order.
9.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6. If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7. The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8. The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10. Redemption of campaign vouchers
10.1. Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer, hereinafter referred to as "promotional vouchers", can only be redeemed in the seller's online shop and only within the specified period.n.
10.2. Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
10.3. Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
10.4. Only one campaign voucher can be redeemed per order.
10.5. The value of the goods must at least correspond to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference
10.7. The credit of a campaign voucher is neither paid out in cash nor is interest paid.
10.8. The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9. The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
12. Severability Clause
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.
