Terms & Customer Information
TABLE OF CONTENTS
- 1. Scope of Application
- 2. Conclusion of Contract
- 3. Right of Withdrawal
- 4. Prices and Payment Conditions
- 5. Delivery and Shipping Conditions
- 6. Retention of Title
- 7. Liability for Defects
- 8. Applicable Law
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter “GTC”) of Thomas Bodrozic (hereinafter “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller concerning the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to the purchase of vouchers, unless explicitly stated otherwise.
1.3 A consumer within the meaning of these GTC 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. An entrepreneur within the meaning of these GTC is any natural or legal person or a legally capable partnership acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may 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.
2.3 The Seller may accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the above alternatives apply, the contract is concluded at the time when one of these alternatives first occurs. 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 result that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects “PayPal Express” as the payment method during the online ordering process, they simultaneously issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, the Seller declares acceptance of the Customer’s offer already at the moment the Customer triggers the payment process by clicking the final order button, deviating from section 2.3.
2.5 The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following dispatch.
2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax or letter) together with these GTC after the order is submitted. In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account using the corresponding login data, provided the Customer created a customer account before submitting the order.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer can correct their entries at any time using standard keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before final submission and can also be corrected there using standard keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order handling. 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 third parties commissioned with order processing can be delivered.
3) RIGHT OF WITHDRAWAL
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) PRICES AND PAYMENT CONDITIONS
4.1 Unless otherwise stated in the Seller’s offer, the prices indicated are final prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 Various payment options are available to the Customer and are specified in the Seller’s online shop.
4.3 If advance payment is agreed, payment is due immediately after conclusion of the contract.
5) DELIVERY AND SHIPPING CONDITIONS
5.1 Goods are delivered by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified during order processing by the Seller 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 of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the failed delivery or if the Customer was temporarily prevented from accepting the service, unless the Seller had announced the service within a reasonable time beforehand.
5.3 Self-collection is not possible for logistical reasons.
6) RETENTION OF TITLE
If the Seller delivers in advance, they retain ownership of the delivered goods until full payment of the purchase price owed.
7) LIABILITY FOR DEFECTS
The statutory liability for defects applies.
8) APPLICABLE LAW
All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.