Terms of service

General Terms and Conditions & Customer Information

TABLE OF CONTENTS

 

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Duration and termination of subscription contracts
  7. Retention of title
  8. Liability for defects (warranty)
  9. Redemption of promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable law
  12. Alternative dispute resolution

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Kondratjuk-Wurster GbR (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The Customer's own terms and conditions are hereby excluded, 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 primarily neither related to its commercial nor its independent professional activity. 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 its commercial or independent professional activity.

1.3 Depending on the Seller's product description, the subject matter of the contract may be both the purchase of goods by way of one-off delivery, or the purchase of goods by way of continuous delivery (hereinafter "Subscription Contract"). In the case of a Subscription Contract, the Seller undertakes to supply the Customer with the goods owed under the contract for the duration of the agreed contractual term at the intervals stipulated in the contract.

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 are intended for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form, which is integrated in the Seller's online shop. After placing the selected goods in the virtual shopping basket and following the electronic ordering process, the Customer shall make a legally binding offer to enter into a contract with respect to the goods contained in the shopping basket by clicking on the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer shall be decisive, or
  • by delivery of the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If more than one of the aforementioned options exists, the contract shall be concluded at the time of the first occurrence of one of the aforementioned options. The period for acceptance of the offer shall begin on the day after the Customer has sent the offer and shall end with the expiry of the fifth day after the offer has been sent. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: "PayPal"), subject to the terms and conditions of the use of PayPal, 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable in the online ordering process, the Seller shall declare acceptance of the Customer's offer already at the time the Customer clicks the button concluding the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail, fax or letter) after the Customer has sent its order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before placing its order, the order data shall be archived on the Seller's website and the Customer can access it free of charge via its password-protected user account by providing the relevant access data.

2.6 Prior to 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. Input errors can be better detected by making use of the browser's magnification function, which is an effective technical tool that enlarges the display on the screen. The Customer can correct its entries during the electronic ordering process using the usual keyboard and mouse functions until it completes the ordering process by clicking the button.

2.7 The contract can be concluded in German and English.

2.8 The order is usually processed and contact established by e-mail and automated order processing. The Customer must ensure that the e-mail address it has provided for order processing is correct so that it can receive the e-mails that the Seller has sent to 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 to process the order, can be delivered.

2.9 When ordering data carriers that are not suitable for minors (FSK-18 [voluntary self-control of the German Film Board] and unchecked items), the Customer confirms that it has reached the legally prescribed minimum age by submitting the order. The applicable age restrictions are indicated in the respective item description.

2.10 The Customer is obliged to ensure that only the Customer itself or persons authorised by it to accept the delivery and who have reached the minimum age required by law receive the goods.

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 TERMS OF PAYMENT

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory value added tax. Any additional delivery and shipping costs can be viewed HERE; they are shown separately in the order process and are to be borne by the Customer.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases 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., customs duties). Such costs may also be incurred in connection with the transfer of funds if the delivery is not made to a country outside the European Union but the Customer effects the payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the Customer in the Seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "Shopify Payments" payment service (e.g., payment by credit card) is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments shall be 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, of which the Customer will be informed separately where applicable. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Terms of delivery and shipping

5.1 Unless otherwise agreed, goods shall be shipped to the delivery address provided by the Customer. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

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 in this connection. This shall not apply with regard to the costs for the return shipment if the Customer effectively exercises its right of withdrawal. If the Customer effectively exercises its right of withdrawal, the costs of returning the goods shall be governed by the provisions set out in the Seller's instructions on withdrawal.

5.3 Self-collection is not possible for logistical reasons.

6) DURATION AND TERMINATION OF SUBSCRIPTION CONTRACTS

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at the end of any month.

6.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if, after consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Notice of termination shall be given in writing or in text form (e.g., by e-mail).

7) RETENTION OF TITLE

If the Seller performs in advance, it shall retain title to the goods delivered until the purchase price owed has been paid in full.

8) LIABILITY FOR DEFECTS (WARRANTY)

8.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.

8.2 If the Customer is acting as a consumer, the Customer is requested to complain to the delivery agent about any goods delivered that show obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on its statutory or contractual claims for defects.

9) APPLICABLE LAW

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, under exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply 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.

10) ALTERNATIVE DISPUTE RESOLUTION

10.1 The EU Commission is providing 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 involving a consumer.

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