Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Lars Hoffmeister & Jannis Brünger GbR (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

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 their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute 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 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may 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
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the order has been placed.

If several of the above alternatives exist, the contract is concluded at the time when one of the above 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 following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to 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 – subject to 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 that can be selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent his order. The Seller does not provide any further access to the contract text. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions as long as he has not clicked the button that concludes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually made by 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 the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using SPAM filters, all e-mails sent by the Seller or by 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 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 quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 The payment method(s) is/are communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods via PayPal in which he makes advance payments to the Customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, 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 Customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and returns of withdrawal, or credit notes, even in the event of assignment of claims.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, 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. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. In contrast, if the PayPal payment method is selected, the delivery address stored with PayPal at the time of payment is decisive.

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 with regard to the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller's withdrawal policy applies if the right of withdrawal is effectively exercised 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 does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also 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 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-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain 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.

6) Retention of Title

If the Seller makes advance payments, he retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller accordingly. Failure to do so has no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations imposed on the Seller by the content of the contract to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Multiple promotional vouchers can also be redeemed for one order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.8 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 his statutory right of withdrawal.

9.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Applicable Law

All legal relationships of the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.