General Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redemption of promotional vouchers
10. Applicable Law
11. Place of jurisdiction
12. Information on Online Dispute Resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "DOCTOR Mi! GmbH & Co. KG" (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers, unless something different is expressly stipulated in this regard.
1.3. Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4. Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1. The product representations 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 regarding the goods contained in the shopping cart by clicking the button that completes 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting the customer to make payment after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on 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 the payment method "PayPal Express," 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, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the ordering process, they simultaneously issue a payment order to PayPal. 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, deviating from clause 2.3.
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., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the terms of 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, by clicking the button that completes the ordering process, they simultaneously issue a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates 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 conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order has been sent. The seller does not provide any further access to the contract text. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login details.
2.7. Before the binding submission of 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. 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 continuously correct their entries before the binding submission of the order within the electronic ordering process using the usual keyboard and mouse functions. Furthermore, all entries are displayed once 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.
2.8. Only the German language is available for concluding the contract.
2.9. Order processing and contact are usually conducted via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails 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 by third parties commissioned by the seller for 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 cancellation policy.
4. Prices and Payment Terms
4.1. Unless otherwise specified in the seller's product description, the prices stated are total prices that include the statutory value-added tax. 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 on a case-by-case basis, for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through 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 customer has various payment options available, which are specified in the seller's online shop.
4.4. When selecting the payment method "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, under the terms of use of PayPal, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. Payment is made to Klarna in each case:
• Klarna Invoice: When purchasing on invoice with Klarna, you always receive the goods first and you always have a payment term of 14 days. The complete terms and conditions for invoice purchases for deliveries to Germany can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0
and the complete terms and conditions for invoice purchase for deliveries to Austria can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/invoice?fee=0.
• Klarna installment purchase (available only in Germany): With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the other conditions specified at checkout. Further information about Klarna installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/part_payment. Installment purchase is only offered for Germany.
• SOFORT Transfer
• Credit card (Visa/ Mastercard/ AmericanExpress)
• Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/checkout for Germany and here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/checkout
for Austria. General information about Klarna can be found here https://www.klarna.com/de/.
Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection policies for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.
Please note that Klarna does not fulfill the legal information obligations in the relationship between merchant and customer. Klarna does not send the customer any information regarding a possible right of withdrawal for the contract between the merchant and the customer, nor does it send an order confirmation. The merchant is therefore solely responsible for fulfilling the legal obligations concerning the contractual relationship between customer and merchant.
4.6. When selecting the payment method "PayPal Invoice," the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Invoice" to the customer in the event of a negative credit check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payments to PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of the assignment of claims. Additionally, the General Terms of Use for the use of PayPal's invoice purchase apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.7. 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" with PIN/TAN procedure, authenticate 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 found by the customer on the internet at https://www.klarna.com/sofort/.
5. Delivery and Shipping Conditions
5.1. The delivery of goods is regularly carried out by shipping and to the delivery address provided by the customer. In the processing of the Transaction, is the one specified in the seller's purchase processing Delivery address is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. If the transport company returns the shipped goods 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 the customer is not responsible for the circumstance that made delivery impossible or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him within a reasonable time beforehand. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the event of effective exercise of the right of withdrawal by the customer.
5.3. Self-pickup is not possible for logistical reasons.
5.4. Vouchers will be provided to the customer as follows:
6. Retention of title
If the seller advances payment, he reserves ownership of the delivered goods until the full payment of the owed purchase price.
7. Liability for defects
7.1. If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2. The customer is requested to report delivered goods with obvious transport damages to the carrier and to inform the seller accordingly. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.
8. Redemption of gift vouchers
8.1. Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop.
8.2. Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer's voucher account until the expiration date.
8.3. Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
8.4. Only one gift voucher can be redeemed per order.
8.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.6. 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.
8.7. The balance of a gift voucher is neither paid out in cash nor does it accrue interest.
8.8. The gift voucher is transferable. The seller can fulfill the obligation with a discharging effect to the respective holder 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 lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
9. Redemption of promotional vouchers
9.1. Vouchers issued free of charge by the seller as part of promotional campaigns 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.
9.2. Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3. Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4. Only one promotional voucher can be redeemed per order.
9.5. 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.
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 settle the difference.
9.7. The balance of a promotional voucher is neither paid out in cash nor does it accrue 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 their statutory right of withdrawal.
9.9. The promotional voucher is transferable. The seller can fulfill the 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 has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
10. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, 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 their habitual residence.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.
12. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redemption of promotional vouchers
10. Applicable Law
11. Place of jurisdiction
12. Information on Online Dispute Resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "DOCTOR Mi! GmbH & Co. KG" (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers, unless something different is expressly stipulated in this regard.
1.3. Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4. Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1. The product representations 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 regarding the goods contained in the shopping cart by clicking the button that completes 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting the customer to make payment after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on 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 the payment method "PayPal Express," 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, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the ordering process, they simultaneously issue a payment order to PayPal. 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, deviating from clause 2.3.
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., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the terms of 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, by clicking the button that completes the ordering process, they simultaneously issue a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates 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 conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order has been sent. The seller does not provide any further access to the contract text. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login details.
2.7. Before the binding submission of 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. 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 continuously correct their entries before the binding submission of the order within the electronic ordering process using the usual keyboard and mouse functions. Furthermore, all entries are displayed once 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.
2.8. Only the German language is available for concluding the contract.
2.9. Order processing and contact are usually conducted via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails 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 by third parties commissioned by the seller for 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 cancellation policy.
4. Prices and Payment Terms
4.1. Unless otherwise specified in the seller's product description, the prices stated are total prices that include the statutory value-added tax. 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 on a case-by-case basis, for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through 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 customer has various payment options available, which are specified in the seller's online shop.
4.4. When selecting the payment method "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, under the terms of use of PayPal, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. Payment is made to Klarna in each case:
• Klarna Invoice: When purchasing on invoice with Klarna, you always receive the goods first and you always have a payment term of 14 days. The complete terms and conditions for invoice purchases for deliveries to Germany can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0
and the complete terms and conditions for invoice purchase for deliveries to Austria can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/invoice?fee=0.
• Klarna installment purchase (available only in Germany): With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the other conditions specified at checkout. Further information about Klarna installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/part_payment. Installment purchase is only offered for Germany.
• SOFORT Transfer
• Credit card (Visa/ Mastercard/ AmericanExpress)
• Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/checkout for Germany and here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/checkout
for Austria. General information about Klarna can be found here https://www.klarna.com/de/.
Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection policies for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.
Please note that Klarna does not fulfill the legal information obligations in the relationship between merchant and customer. Klarna does not send the customer any information regarding a possible right of withdrawal for the contract between the merchant and the customer, nor does it send an order confirmation. The merchant is therefore solely responsible for fulfilling the legal obligations concerning the contractual relationship between customer and merchant.
4.6. When selecting the payment method "PayPal Invoice," the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Invoice" to the customer in the event of a negative credit check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payments to PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of the assignment of claims. Additionally, the General Terms of Use for the use of PayPal's invoice purchase apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.7. 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" with PIN/TAN procedure, authenticate 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 found by the customer on the internet at https://www.klarna.com/sofort/.
5. Delivery and Shipping Conditions
5.1. The delivery of goods is regularly carried out by shipping and to the delivery address provided by the customer. In the processing of the Transaction, is the one specified in the seller's purchase processing Delivery address is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. If the transport company returns the shipped goods 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 the customer is not responsible for the circumstance that made delivery impossible or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him within a reasonable time beforehand. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the event of effective exercise of the right of withdrawal by the customer.
5.3. Self-pickup is not possible for logistical reasons.
5.4. Vouchers will be provided to the customer as follows:
- by E-Mail
- per Download
- by post
6. Retention of title
If the seller advances payment, he reserves ownership of the delivered goods until the full payment of the owed purchase price.
7. Liability for defects
7.1. If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2. The customer is requested to report delivered goods with obvious transport damages to the carrier and to inform the seller accordingly. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.
8. Redemption of gift vouchers
8.1. Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop.
8.2. Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer's voucher account until the expiration date.
8.3. Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
8.4. Only one gift voucher can be redeemed per order.
8.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.6. 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.
8.7. The balance of a gift voucher is neither paid out in cash nor does it accrue interest.
8.8. The gift voucher is transferable. The seller can fulfill the obligation with a discharging effect to the respective holder 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 lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
9. Redemption of promotional vouchers
9.1. Vouchers issued free of charge by the seller as part of promotional campaigns 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.
9.2. Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3. Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4. Only one promotional voucher can be redeemed per order.
9.5. 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.
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 settle the difference.
9.7. The balance of a promotional voucher is neither paid out in cash nor does it accrue 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 their statutory right of withdrawal.
9.9. The promotional voucher is transferable. The seller can fulfill the 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 has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
10. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, 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 their habitual residence.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.
12. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.