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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Granting of usage rights for digital content
7. Retention of Title
8. Liability for defects (warranty)
9. Special conditions for the processing of goods according to specific customer requirements
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Nikolai Schmitz (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods presented 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 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated in this respect.
1.3 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise regulated in this respect. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.4 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity.
1.5 Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process.
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 email), whereby the receipt of the order confirmation by the customer is decisive,
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive,
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the expiration 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 is considered a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the 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: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal selectable in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, he simultaneously issues a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax, or letter) after the customer's order has been sent. The seller does not make the contract text accessible beyond this.
2.7 Before bindingly submitting the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8 Only the German language is available for concluding the contract.
2.9 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the payment service "PayPal", the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they advance payment to the customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims.
4.6 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account enabled for participation in "SOFORT", must identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information about the payment method "SOFORT" can be accessed by the customer on the internet at https://www.klarna.com/sofort/.
4.7 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.
4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.
4.9 When selecting a payment method offered via the payment service "Klarna", the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which is available at the following internet address:
online.klarna.com
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction processing.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even for consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated 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-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- via download
- by e-mail
5.7 Digital content is provided to the customer as follows:
- via download
- by e-mail
- via direct access through the entrepreneur's website
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, unlimited in time and place right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 As far as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has fully paid the owed remuneration. The seller may also provisionally allow use of the contractual content before this time. No transfer of rights takes place through such provisional permission.
7) Retention of title
If the seller provides advance performance, they reserve ownership of the delivered goods until full payment of the owed purchase price.
8) Liability for defects (warranty)
8.1 Unless otherwise provided in the following regulations, the provisions of the statutory warranty for defects apply. Deviating from this, in contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects for new goods is one year from delivery of the goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.
8.3 The above-regulated limitations of liability and shortening of periods do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
8.6 If the customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the seller. Failure to do so has no effect on their statutory or contractual warranty claims.
9) Special conditions for the processing of goods according to specific customer instructions
9.1 If the seller owes, in addition to the delivery of goods, the processing of the goods according to specific customer instructions under the contract, the customer must provide the seller with all content required for processing such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the seller and grant the necessary usage rights. The customer alone is responsible for procuring and acquiring rights to this content. The customer declares and assumes responsibility that they have the right to use the content provided to the seller. In particular, they ensure that no third-party rights are infringed, especially copyrights, trademarks, and personal rights.
9.2 The customer indemnifies the seller against claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory level. This does not apply if the customer is not responsible for the legal violation. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and for a defense in the event of a claim by third parties.
9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if the customer returns the 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 transferable. The seller can discharge its obligation by performing to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligently unaware of the lack of authorization, legal incapacity, or lack of representation authority of the respective holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise specified on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.6 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 chosen to pay the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
11.8 The gift voucher is transferable. The seller can discharge its obligation by performing to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligently unaware of the lack of authorization, legal incapacity, or lack of representation authority of the respective holder.
12) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13) Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.