General Terms And Conditions
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Indemnity in case of infringement of third-party rights
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Desi KG (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These Terms and Conditions apply accordingly to contracts for the delivery of physical data storage media that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.
1.4 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.5 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.6 An entrepreneur within the meaning of these General 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 his or her 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 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. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or telephone.
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, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time 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 on the expiry of the fifth day following the dispatch 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 their declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided the customer has created a customer account in the seller's online shop before submitting their order.
2.6 Before submitting a 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 detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided 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 to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to 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 cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The customer has various payment options available, which are indicated in the seller's online shop right at the beginning of the ordering process.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4 If you select the "SOFORT" payment method, payment processing will be handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," verify their identity during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/
4.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be 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 will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de
4.6 If you select a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which they make advance payments to the customer (e.g. purchase on account or payment by installments), 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 declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.7 When selecting a payment method offered via the "Ratepay" payment service (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment), payment processing is carried out by Ratepay GmbH, Franklinstrasse 28-29, 10587 Berlin (hereinafter "Ratepay"), to which the seller assigns its claim against the customer. The specific Ratepay payment methods offered by the seller are communicated to the customer on the seller's website. The customer can only make payments to Ratepay with debt-discharging effect. However, the seller remains responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and reshipments, or credit notes). Otherwise, Ratepay's general payment terms apply, which can be accessed here : https://www.ratepay.com/legal-payment-terms/
4.8 If you select the payment method “Amazon Payments”, payment processing will be carried out by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de
4.9 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. The seller also reserves the right to conduct a credit check if you choose to pay by invoice and to reject this payment method if the credit check is negative.
4.10 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.11 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.12 If you choose to pay by invoice via secupay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to secupay SA, 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag) within 10 (ten) days of receipt of the invoice. The payment method of purchase by invoice requires a successful credit check by secupay SA. If the customer is permitted to pay by invoice after a credit check, the payment is processed in cooperation with secupay SA, to which the seller assigns its payment claim. In this case, the customer can only make payments to secupay SA with debt-discharging effect. Even if you choose to pay by invoice via secupay, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.13 If you select the payment method "purchase on account" via abcfinance, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to abcfinance GmbH, Kamekestraße 2-8, 50672 Cologne ("abcfinance") within 14 (fourteen) days of receipt of the invoice. The payment method "purchase on account" requires a successful credit check by abcfinance. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with abcfinance, to which the seller assigns its payment claim. In this case, the customer can only make payments to abcfinance with debt-discharging effect. Even if you select the payment method "purchase on account" via abcfinance, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices, or credit notes. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.14 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. Payment by invoice requires a successful credit check by Klarna AB. If, after a credit check, the customer is permitted to pay by invoice, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only pay to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to only offer payment by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.15 If you choose to pay by invoice via Masterpayment, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid immediately upon receipt of the invoice without any deductions to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"). The payment method "purchase by invoice" requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with net-m privatbank 1891 AG, to which the seller assigns its payment claim. In this case, the customer can only make payments to net-m privatbank 1891 AG with a debt-discharging effect. Even if the payment method "purchase on account" via Masterpayment is selected, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. A further prerequisite for using the payment method "purchase on account" via Masterpayment is that the customer is at least 18 years old. The seller reserves the right to only offer the payment method "purchase on account" up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.16 If you select the payment method "purchase on account" via Paymorrow, the purchase price must be paid without deduction to InterCard AG, Alstertor 9, 20095 Hamburg, within 14 (fourteen) days of receipt of the invoice. The payment method "purchase on account" requires a successful credit check by paymorrow GmbH. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with paymorrow GmbH, to which the seller assigns its payment claim. In this case, the customer can only make payments to paymorrow GmbH with debt-discharging effect. Even if you select the payment method "purchase on account" via paymorrow, the provider remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes. In all other respects, paymorrow's general terms and conditions apply; these can be accessed and confirmed by the customer during the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.17 If you select the payment method “purchase on account” via PAYONE, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, within 14 (fourteen) days of receipt of the invoice. Purchase on account is only possible for customers who are 18 years of age or older. The payment method “purchase on account” requires a successful credit check by PAYONE GmbH. If the customer is permitted to purchase on account after a credit check, the payment is processed in cooperation with PAYONE GmbH, to which the seller assigns their payment claim. In this case, the customer can only make payments to PAYONE GmbH with debt-discharging effect. Even if you select the payment method “purchase on account” via PAYONE, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes. In all other respects, the General Terms and Conditions of PAYONE GmbH ( https://www.payone.com/DE-de/agb ) apply. The seller reserves the right to offer the payment method "purchase on account
4.18 By selecting the "PayPal Invoice" payment method, the seller assigns its payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer if the check result is negative. If the "PayPal Invoice" payment method 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 deadline. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes. In addition, the General Terms and Conditions for the use of PayPal's invoice purchase apply; these can be viewed at https://www.paypal.com
4.19 If you select the payment method "purchase on account" via Riverty, payment will be processed by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter "Riverty"). The purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to the recipient named on the invoice within the period specified on the invoice. The payment method "purchase on account" requires a successful credit check. Furthermore, the seller reserves the right to only offer the payment method "purchase on account" up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. Otherwise, Riverty's general terms and conditions apply, which the customer can access and must confirm as part of the ordering process.
4.20 If you choose to pay by invoice via Santander, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach, within 30 (thirty) days of receipt of the invoice. Purchase by invoice is only available to customers who are acting as consumers and are at least 18 years old. Purchase by invoice requires a successful credit check by Santander Consumer Bank AG. If purchase by invoice is not possible due to insufficient creditworthiness or for other reasons, the customer will be offered an alternative payment option. The customer is free to conclude the contract using the alternative payment method offered or to cancel the order process. If, after a credit check, the customer is permitted to pay by invoice, the payment will be processed in cooperation with Santander Consumer Bank AG, to which the seller assigns its payment claim. In this case, the customer can only make payments to Santander Consumer Bank AG with debt-discharging effect. If the customer fails to meet their payment obligation or does not meet it in full within the payment deadline, they will be in default without further notice. In this case, the customer is obliged to compensate for the damage caused by the default. The damage caused by default may include, in particular, the costs of reminders and the costs of appropriate legal proceedings (e.g., attorney's fees). Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder. The customer remains entitled to provide evidence that no damage was incurred at all or that the damage was not as high as this. Claims against the customer arising from purchase on account can be assigned to third parties at any time, in particular to debt collection agencies for the purpose of collecting outstanding amounts.
Even if the purchase on account method is selected via Santander, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes.
The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.
4.21 If you select the payment method "purchase on account" via Unzer, processing will be handled by Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"). The purchase price is to be paid without deduction to Bank Frick AG, Landstrasse 14, 9496 Balzers, Liechtenstein (hereinafter "Bank Frick") within 14 (fourteen) days of delivery of the goods and receipt of the invoice. The payment method "purchase on account" requires a successful credit check by Unzer. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with Unzer. The seller assigns its payment claim to Bank Frick. In this case, the customer can only make payments to Bank Frick with debt-discharging effect. Even if you select the payment method "purchase on account" via Unzer, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes.
The payment method "purchase on account" via Unzer is excluded
- if the order value is less than 10.00 euros,
- if the delivery address provided by the customer is not the same as the billing address, in particular if a Packstation or PO box is specified as the delivery address, or
- if the customer is under 18 years of age.
The seller also reserves the right to only offer the payment method "purchase on account" via Unzer up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
4.22 If you select credit card as your payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer submits the order in the online shop. Even if you select credit card payments via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.
4.23 If you select credit card as your payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer submits the order in the online shop. Even if you select credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation notices and shipments, or credit notes.
4.24 If you choose to pay by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via 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 reject this payment method if the credit check is negative.
4.25 If SEPA Direct Debit is selected as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if SEPA Direct Debit is selected as the payment method and to reject this payment method if the credit check is negative.
4.26 If you select SEPA Direct Debit as your payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the advance notification period has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the advance notification period has expired. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a SEPA Direct Debit payment. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.
4.27 If you select the payment methods "Direct Debit via iPayment" or "Credit Card via iPayment," payment processing will be carried out via the iPayment payment system of 1&1 Internet AG, which forwards the customer's payment request to the respective payment provider. The general terms and conditions of the respective payment provider apply to payment processing, which the customer can read and accept as part of the electronic payment process. The payment methods "Direct Debit via iPayment" or "Credit Card via iPayment" are subject to the respective payment provider's acceptance of the customer's payment request.
4.28 If you select direct debit as your payment method, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If the customer is permitted to use direct debit after a credit check, payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"), to which the seller assigns its payment claim. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payments can only be made to net-m privatbank 1891 AG with debt-discharging effect. The direct debit will be processed when the ordered goods leave the seller's warehouse. Even if the payment method selected is direct debit via Masterpayment, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.29 If direct debit is selected as the payment method, payment will be processed via PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on their behalf. PAYONE GmbH will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. Even if the payment method selected is direct debit via PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.30 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.
4.31 If you select direct debit as your payment method, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is granted direct debit after a credit check, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The direct debit will be processed immediately after the customer submits the order in the online shop. Even if the payment method selected is direct debit via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.
4.32 If you select direct debit via Stripe as your payment method, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit 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 expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being authorized to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if you select SEPA direct debit as your payment method and to reject this payment method if the credit check is negative.
4.33 If the payment method is selected as direct debit via Unzer, payment processing will be carried out by the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"), to which the seller assigns its payment claim. Before accepting the seller's declaration of assignment, Unzer will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method of direct debit via Unzer if the result of the check is negative. If the payment method of direct debit via Unzer is approved by Unzer, Unzer will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if this is their responsibility.
The direct debit payment method via Unzer is excluded
- if the order value is less than 10.00 euros,
- if the delivery address provided by the customer is not the same as the billing address, in particular if a Packstation or PO box is specified as the delivery address, or
- if the customer is under 18 years of age.
The seller also reserves the right to only offer the direct debit payment method via Unzer up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.
5) Delivery and shipping conditions
5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this shall not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to the return shipping costs.
5.4 Self-collection is not possible for logistical reasons.
5.5 Vouchers are issued to the customer as follows:
- via download
- by email
- by post
6) Retention of title
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. 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 warranty claims is one year from delivery of the goods;
- For used goods, warranty rights are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of time limits set out above 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 which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) AT-UGB, the customer is subject to the commercial obligation to inspect and notify defects in accordance with Section 377 AT-UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.5 If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.
8) Indemnity in case of infringement of third-party rights
If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims made by third parties in connection with an infringement 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 fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary for the examination of the claims and for a defense.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified promotional 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 selected to settle the difference.
9.7 The balance of a promotional voucher will not be paid out in cash or 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 transferable. The seller may, with discharging effect, make a payment 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 respective holder's ineligibility, legal incapacity, or lack of authority to represent.
10) Redemption of gift vouchers
10.1 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 stated in the voucher.
10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used to purchase goods and not 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 used to settle the difference.
10.7 The balance of a gift voucher will not be paid out in cash or accrue interest.
10.8 The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment 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 respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.
10.9 If the customer returns the goods paid for in whole or in part with the gift voucher within the scope of their statutory right of withdrawal, the credit will be
refunded as a gift voucher. If the purchased gift voucher is
returned without being used within the scope of their statutory right of withdrawal, the customer will be refunded the purchase price of the gift voucher.
11) Applicable law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing 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 country in which the consumer has his or her habitual residence.
12) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.