General terms and conditions with customer information
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of usage rights for digital content
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redeeming Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Thurmayr (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the seller in his online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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 independent professional activity.
1.5 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and made available by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through 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 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, which can be viewed at https ://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and contact usually takes 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 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 e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.5 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed 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 can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.6 If you select the "PayPal direct debit" payment method, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for preliminary information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Pickup is not possible for logistical reasons.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
- per Download
- by E-Mail
5.5 Vouchers are given to the customer as follows:
- per Download
- by E-Mail
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content provided exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of 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 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Retention of title
If the seller pays in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1 If the purchased item is defective, the statutory liability for defects applies.
8.2 The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, 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 and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2 The customer indemnifies the seller against third-party claims 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 reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
10) Redeeming Gift Certificates
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Multiple gift vouchers can be redeemed with one order.
10.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding 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 state in which the consumer has his habitual residence.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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 in which a consumer is involved.
12.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so.