General Terms and Conditions: Online Shop
§ 1 Scope, Subject Matter of the Contract and Definitions
1.1 The following general terms and conditions (hereinafter referred to as “GTC”) apply to all legal transactions of the online shop at eshop.arvigortrading.com (hereinafter referred to as “Shop”) and the related services, in particular they govern the business relationships between
Arvigor Trading & Co. GmbH
Glinkastr. 32, 10117 Berlin
Federal Republic of Germany
(hereinafter referred to as “Seller” or “we”)
and its consumer customers (hereinafter specifically referred to as “Consumer”) as well as corporate and non-corporate business customers (hereinafter specifically referred to as “Business”), legal entities under public law or a special funds under public law (hereinafter collectively referred to as “Customer”), in the valid version at the time of the purchase order or the conclusion of the purchase contract (hereinafter specifically referred to as “Contract”). Other provisions are governed by the legislation and jurisdiction. Within the meaning of these GTC, the Customer is meant to be the user of services or buyer of physical goods (hereinafter specifically referred to as “Product”) or digital content (hereinafter collectively referred to as “Goods”) of the Shop. This also represents the subject matter of the Contract.
1.2 The Seller, with its registered office in Berlin, district court Berlin-Charlottenburg, commercial register no. HRB 189945 and Duc Anh Do as authorized representative, is available on working days by e-mail at [email protected] or by telephone +49 30 28867307 or by fax +49 30 22185881.
1.3 The general terms and conditions of the Customer, insofar as they deviate from the general terms and conditions of the Seller, are ineffective in this regard unless their validity is expressly accepted by the Seller in text form.
1.4 By definition, a Consumer is any natural person who concludes a legal transaction for purposes which, for the most part, can neither be attributed to their commercial nor to their self-employed professional activity (§ 13 BGB, German Civil Code).
1.5 By definition, a Business is a natural person or a legal entity or a partnership with legal capacity which in the course of a legal transaction exercises its commercial or self-employed professional activity (§ 14 BGB, German Civil Code).
§ 2 Offers, Ordering Process and Conclusion of Contract
2.1 The mere presentation of Goods in our Shop does not constitute a legally effective offer. The item, content and service descriptions of the sales offers in the Shop catalogue as well as on the Seller’s websites have no character of an assurance or guarantee, in particular all sales offers are valid only while stocks last.
2.2 From the Seller’s Shop catalogue, the Customer (either as a guest or as a registered Customer) can collect Goods in a virtual shopping cart via the button [Add To Cart]. The Customer can change this selection of Goods in the shopping cart as desired. The [Proceed To Checkout] button within the shopping cart will take the Customer to the next step of the ordering process in order to enter the information relevant for the completion of the ordering process. Required information is marked with an asterisk (*). The [Review Order] button provides the Customer with an overview of his or her order for review and confirmation, which the Customer can change at any time using the [Previous Page] button. By pressing the [Place Binding Order] button, the Customer confirms the order and thus submits a binding purchase offer. The Customer will then receive an automatic order receipt by e-mail from the Seller with an overview of the order.
2.3 Only an order placed by the Customer constitutes a binding purchase offer. The offer to purchase is accepted by the Seller through an explicit order confirmation by e-mail with the invoice attached within 2 days, through the dispatch of the ordered Products or by providing the digital content within two days or through the successful completion of the payment process according to 2.3.1 to 2.3.3, whereas an automatic acknowledgement of receipt by e-mail (order receipt) does not yet constitute a binding acceptance of the purchase offer.
2.3.1 If PayPal PLUS (PayPal, credit card, SEPA direct debit or purchase on account) is selected as the method of payment, the Contract shall be concluded at the time your payment is confirmed or an invoice is issued by PayPal or at the time your credit card or bank account is debited.
2.3.2 If Stripe (including, but not limited to, credit card, Sofort, Giropay, iDEAL, Bancontact, eps, Multibanco, Alipay, Google Pay, Apple Pay, Microsoft Pay or Samsung Pay) is selected as the method of payment, the Contract shall be concluded at the time your payment is confirmed or an invoice is issued by Stripe or by an integrated payment service provider or at the time your credit card or bank account is debited.
2.3.3 If Klarna (direct debit, Sofort, credit card, purchase on account or instalment purchase) is selected as the method of payment, the Contract shall be concluded at the time your payment is confirmed, your instalment purchase is authorized or an invoice is issued by Klarna or at the time your credit card or bank account is debited.
When using spam filters, the Customer must ensure that all e-mails sent by the Seller and by authorized third parties with regard to the processing of his or her order can be received. This generally constitutes the conclusion of the Contract.
2.4 In the event that the Customer selects bank transfer as the method of payment for his or her order, the Contract shall be concluded upon providing the bank details with the associated request for payment by e-mail. If the payment will not have been received by the Seller within fourteen calendar days upon the order confirmation being sent by e-mail and if within ten calendar days from the date of a renewed request for payment, despite the due date of payment being exceeded, the renewed request for payment by e-mail will remain unmet, the Seller shall withdraw from the Contract. The withdrawal from the Contract shall have the consequence that the Customer’s order and the Seller’s delivery obligations hence shall lapse. Therefore, with regard to bank transfer a reservation of the item is only possible for a maximum of 24 calendar days.
§ 3 Right of Revocation
In principle, a (statutory) right of revocation (right of withdrawal) exists for Consumers with a withdrawal period of 14 days from the date, on which the Consumer acquires, or a third party indicated by him or her other than the carrier acquires, physical possession of the last Product, insofar as the Consumer has ordered multiple Products as part of a single ordering process and the Products where applicable are delivered separately (in part deliveries). In the case of digital content, the withdrawal period is fourteen days from the date of concluding the Contract. Further information can be found under 6.5, 15.2.1 and 15.2.2 of these GTC and our return policy.
§ 4 Prices, Shipping Costs and Other Costs
4.1 The prices for Goods stated in the Shop and on the Seller’s websites are understood to be total prices (excluding shipping costs or other costs), including the applicable statutory value-added tax (VAT). A reversal of the tax liability with regard to a delivery within the European Union (reverse-charge) applies to Businesses which indicate their valid VAT Identification number (VATIN) during the ordering process.
4.2 In principle, Products can be delivered by parcel delivery or by freight forwarding. The Seller charges shipping costs plus the specified Product prices for the delivery. The shipping costs are detailed to the Customer in the course of the ordering process, on a separate information page or on the basis of individual agreements, in particular with regard to EU countries or non-EU countries.
4.3 Regarding deliveries to countries or payments from countries outside the European Union, other costs (e.g. duties, taxes and fees) may be incurred by the Customer for which the Seller is not responsible.
§ 5 Terms of Payment
5.1 The payment methods available based on the billing or shipping address of the Customer, the type of Customer (e.g. Consumer or Business) and the Goods offered in the Shop are communicated to the Customer in the ordering process and on a separate information page.
5.2 The Customer shall receive invoices, delivery and return notes for the order in electronic form to the e-mail address specified by him or her. In addition, the Customer can view and download the invoices and return notes at any time in his or her Customer account of the Shop.
5.3 For bank transfers from a non-EU country (outside SEPA), the Customer shall bear the fees for the bank transfer, especially exchange rate fees. The invoice amount is to be transferred in advance without deductions within fourteen calendar days upon the order confirmation e-mail being sent, unless otherwise agreed. For all other methods of payment, subject to 5.4, payment of the invoice amount shall be made in advance without deductions, unless otherwise agreed.
5.4 With regard to a contractual payment processing in our Shop by payment service providers, e.g. PayPal, Stripe or Klarna, their general terms and conditions apply. The Seller assumes the fees for payment processing by the payment service providers if the general terms and conditions of the payment service providers and statutory provisions do not prohibit the Seller from doing so.
5.4.2 Together with Stripe Payments Europe Ltd, c/o A & L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (“Stripe”), the Seller provides credit card, Sofort, Giropay, iDEAL, Bancontact, eps, Multibanco, Alipay, Google Pay, Apple Pay, Microsoft Pay and Samsung Pay amongst others as integrated payment methods. The terms and conditions, terms of payment and further information by Stripe can be found here.
5.4.3 Together with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), in addition to direct debit, Sofort and credit card (Pay now) as a method of payment for Consumers, the Seller offers further payment options, namely purchase on account (Pay later) and instalment purchase (Slice it) only for Consumers. Payments for purchases on account and instalment purchases are made to Klarna, because we assign our claims to Klarna (factoring). When purchasing on account, the Consumer has fourteen days to pay the invoice from the date of shipping the Products or availability of the services or digital content, but no later than with the delivery of his or her order (Klarna Buyer Protection). When purchasing on instalments, the Consumer can pay for his or her order with us in monthly instalments. The terms and conditions as well as additional information by Klarna can be found here.
5.5 With regard to payment processing by direct debit, e.g. via PayPal PLUS or Klarna, the invoice amount is debited from the Customer’s stated bank account on behalf of the Seller following the authorized issuance of a SEPA direct debit mandate, in compliance with the pre-notification period. The pre-notification is meant to inform the Customer that the bank account shall be debited via SEPA direct debit. In case charging via SEPA direct debit cannot be redeemed due to a lack of sufficient funds, due to incorrect bank account information or due to an unjustified objection by the Customer to the direct debit collection, and if fees in this regard have been incurred due to a chargeback of the respective credit institution, then the Customer shall bear these fees insofar as he or she is responsible therefor. In addition, the Customer has to bear the fees for a chargeback of a credit card payment if he or she is responsible therefor.
5.6 The Customer is in default of payment at a given time if he or she fails to make a payment by the specified due date. The date of receipt of a payment shall apply. In this case, the Customer undertakes to pay the statutory default interest. This obligation of the Customer to pay the default interest does not preclude the Seller from asserting additional claims of damages caused by a delay.
5.7 The Business is only entitled to set-off (netting) if its counterclaim has been legally established or is undisputed. This limitation of set-off rights does not apply to a counterclaim for a defect which is based on the same contractual relationship as our claim. The Business is only entitled to exercise a right of retention to the extent that its counterclaim results from the same contractual relationship.
§ 6 Terms of Delivery
6.1 With regard to bank transfer, the Customer shall be informed by e-mail about the receipt of the transferred invoice amount. The delivery of the order takes place with the beginning of the delivery period (on the day after the receipt of payment) after the payment will be received. For other payment methods, the delivery period begins on the day following the conclusion of the Contract (according to 2.3) and it ends with the last day of the delivery period. If any day within the delivery period is not a working day at the place of delivery, then such day shall be replaced by the next working day.
6.2 When processing the order, the shipping address specified by the Customer during the ordering process shall apply for the delivery. Accordingly, the delivery of Products takes place by transit to that shipping address, whereas in the case of digital content the delivery is completed by providing a download link. Due to organizational reasons, pickup by the Customer is excluded.
6.3 The Customer is informed about the delivery times and individual delivery restrictions during the ordering process, on a separate information page or within the respective item description. Events of superior force (“force majeure”), which may lead to delays in delivery or performance, whether they occur at the Seller’s suppliers, are beyond the Seller’s responsibility despite the utmost possible care. This may include, for example, war, riots, blockades, sanctions, strikes, unrest, floods, earthquakes, storms or other natural disasters. The Seller’s delivery and performance schedule may be delayed by the duration of the force majeure event and the extent of its effects.
6.4 The Seller is entitled to ship an entire order in parts (part deliveries) insofar as it is deemed reasonable for the Customer, in particular if the order consists of multiple items from different warehouses with different delivery times. The delivery times specified for the individual items of an order, determining the delivery schedule, shall apply. The part deliveries may be invoiced separately or in total. In case additional shipping costs are incurred for individual shipments (part deliveries), the Customer shall be informed about the amount of the additional shipping costs during the ordering process.
6.5 If delivery to the Customer is unsuccessful despite repeated attempts and if this circumstance is due to a fault of the Customer, with the result that the shipped Products are sent back to the Seller by the shipping provider, then the Customer shall bear the resulting costs of the unsuccessful shipment and the Seller can withdraw from the Contract. This shall also apply in the event of a temporary prevention of acceptance on the part of the Customer, insofar as the Seller had notified the Customer of the delivery in good time. The Customer is free to provide evidence that the costs resulting from the unsuccessful shipment are lower or not incurred. However, the Customer shall not bear the costs incurred for the outbound shipment if he or she is not responsible for the circumstance of the unsuccessful delivery or if he or she effectively exercises his or her (statutory) right of withdrawal for Consumers. In case of an effective exercise of the Consumer’s right of withdrawal, the costs for the return shipment are regulated in the return policy of the Seller, while any payments made are immediately refunded to the Customer.
6.6 If without fault on its part, the Seller is not supplied by its suppliers with regard to a Product ordered by the Customer, with the result that the Product is not available, then the Seller may withdraw from the Contract. To this end, the Seller shall immediately inform the Customer and, if available and requested by the Customer, shall suggest an equivalent Product to be delivered to the Customer. Otherwise, the Seller shall immediately refund the Customer for any payments made.
§ 7 Digital Content and Rights of Use
7.1 Unless otherwise agreed or unless otherwise stated in the item description of the Shop, the Customer acquires a basic or non-exclusive, non-transferable, temporally and spatially unlimited right to private and commercial use of the digital content acquired.
7.2 If digital content from third parties is offered to the Customer in the Shop, then their terms of a licence apply, which are referred to in the item description, during the ordering process or on a separate information page. In case there are deviations from the rights of use granted herein, the corresponding parts herein shall be replaced respectively. Information on compatibility, interoperability or on the functionality of the digital content may be found in the item description.
7.3 The Customer is not entitled to pass on the acquired digital content to third parties, to grant any rights of use with regard to the digital content to third parties other than those specified within the scope of these GTC, or to make copies of the digital content for third parties, unless the Seller has approved of it.
7.4 The payment of the invoice amount for the purchase of the digital content shall be made in advance without deductions, unless otherwise agreed. This is due to the transfer of the corresponding rights of use to the digital content only becomes effective once the Customer pays the total invoice amount. The Seller may temporarily grant the Customer the rights of use to the digital content prior to this date, which, however, does not constitute an effective transfer of the rights of use.
§ 8 Retention of Title
Insofar as the Seller enters into contractual performance in advance (delivery in advance), the Seller retains title (right of ownership) to the delivered Goods until all claims arising from the Contract have been completely satisfied.
§ 9 Statutory Warranty and Guarantee
9.1 In case of material defects of the purchased item, the statutory warranty shall be governed by the statutory provisions insofar as the Customer is also a Consumer. If the Customer is not a Consumer, the supplementary performance with regard to the purchased item shall be carried out at the discretion of the Seller by remedying the material defect or by renewed supply.
9.2 Any statutory warranty claims by a Business due to material defects of the purchased item fall under the statute of limitations with a limitation period of one year upon the passing of risk associated with the shipment of the purchased item to the Business. In order to assert any claims, it is incumbent upon the Business to duly inspect the purchased item for material defects immediately upon the passing of risk and, if necessary, to promptly report or notify the Seller of the material defect, i.e. within one week upon the date of receipt of the purchased item. The date on which the notification of the material defect is issued applies. In addition, the Business must provide evidence that any material defect had already been in existence at the time of the passing of risk. Excluded are claims for damages and reimbursement of expenses by the Business in case of injury to life, limb and health, due to intentional or negligent breaches of duty, as well as intent and gross negligence on the part of the Seller, which are governed by the statutory limitation periods.
9.3 For Goods delivered by the Seller, a guarantee exists only if it has been explicitly communicated. The terms of the guarantee are communicated to the Customer prior to the start of the ordering process, in particular whether it is a manufacturer’s guarantee, a trader’s guarantee or any other type of commercial guarantee.
9.4 In order to fulfil the Seller’s obligations under the terms of the statutory warranty or guarantee, the Seller provides the Customer through his or her Customer account with the option to initiate, automate and manage the process of asserting his or her statutory warranty or guarantee rights with regard to an item purchased as part of an order placed as a registered user. Hence, the Customer may notify us of the material defect, assign a return merchandise authorization number (RMA No.) to the purchased item, print out the return note and shipping label, add the tracking code for the package or view the processing status. Other options for the Customer to assert his or her statutory warranty or guarantee rights remain unaffected thereof.
§ 10 Liability
10.1 Insofar as the cause of the damage is based on intent or gross negligence, unlimited liability on the part of the Seller applies.
10.2 The Seller is liable for a minor negligent breach of essential rights and obligations, for which a restriction would jeopardize the attainment of the contractual purpose, or the observance of which would ensure the duly fulfilment of the Contract, and in the observance of which the Customer consistently has confidence. This liability of the Seller, however, only applies to the foreseeable and typical contractual damage, in particular the Seller is not liable for a minor negligent breach of rights and obligations other than those stated herein.
10.3 The preceding limitations of liability do not apply due to damages to life, limb and health, due to a material defect concealed in bad faith, and due to material defects arising upon assuming a guarantee for the state or durability of the Goods, or in the event of other statutory prerequisites for claims. The liability in accordance with the Product Liability Act remains unaffected thereof.
10.4 Insofar as the Seller’s liability is limited or excluded, this limitation or exclusion of liability applies to the personal liability of the Seller’s staff or employees, representatives and vicarious agents.
§ 11 Customer Service
11.1 Unless otherwise agreed, Customer service and technical support provided by the Seller, including via ticket, e-mail or contact form, are available to the Customer free of charge at any time with regard to enquiries concerning the Shop or the Goods offered therein. In case of complaints, the Customer can address those by e-mail to [email protected]
11.2 Responses to Customer enquiries by e-mail or contact form, subject to peak times and different time zones, can generally be expected within 48 hours depending on the facts of the issue(s) or, within 24 hours in case of enquiries by ticket. Support ticket requests usually require the Customer to log in to the Shop, with a registered Customer account.
§ 12 Vouchers and Coupons
12.1 We offer purchasable value vouchers (e.g. as a gift voucher) and free promotional coupons (hereinafter collectively referred to as “Credit”) within the scope of advertising efforts, which the Customer can only redeem in our Shop. Whereas a promotional coupon has a specific validity period for the duration of the advertising effort, a value voucher or any residual balance of it is valid for three years from the end of the year in which the value voucher is purchased.
12.2 The Credit can only be redeemed within the designated input form during the ordering process in our Shop so that a set-off of the Credit against the invoice amount of the Customer’s order past the ordering process is ruled out. In addition, the use of Credit is not permitted when purchasing a value voucher. The use of promotional coupons may be restricted to certain types of Goods or individual Goods, in particular the nominal value of the order must be sufficient according to the validity constraints of the promotional coupon, because any residual amount of the promotional coupon will not be refunded. If the Consumer exercises his or her (statutory) right of withdrawal, then the nominal value of the promotional coupon by means of which the order is paid for in part or in full would not be refunded. Neither will the residual balance of the value voucher yield interest nor will it be paid out in cash, which nevertheless shall be preserved and may be redeemed within a new order. With regard to promotional coupons, given their validity constraints, the possibility of combining them with other Credit within an order is limited. The number of employable value vouchers for a single order is unlimited.
12.3 The Credit and the associated rights are transferable so that the transfer of Credit to third parties is permitted. Therefore, the Seller is entitled with discharging effect and in good faith to fulfil its contractual obligations towards the one who is the receiver of the transferred Credit with its associated rights to fulfilment. That does not apply insofar as the Seller has become aware or has become unaware in a grossly negligent manner of the non-authorized transfer, of the incapacity to contract or of the absent power of representation of the one concerned. Nonetheless, the Seller does not assume any liability for the theft, loss or abuse of the Credit other than what is established in these GTC.
§ 13 Bonus Program
13.1 The Customer is entitled to participate in the bonus program free of charge. The participation in the bonus program requires the registration of a Customer account within our Shop. It enables the Customer to earn reward or bonus points (hereinafter referred to as “Points”) by means of activities eligible for Points (hereinafter referred to as “Rewarding Activity”), such as the registration of a Customer account, a purchase, a purchase made on referral (referral purchase), a product review within our Shop or by means of an advertising campaign. The award of the corresponding Points is made immediately upon the Rewarding Activity.
13.1.1 Especially in case of a purchase by the Customer or a purchase referred to by the Customer, the award of Points can only be ensured if the Customer or the referred new Customer is logged into his or her Customer account during the ordering process. With respect to a purchase by the Customer or a purchase referred to by the Customer, the Points shall be awarded immediately upon shipment of the order or once the order status switches to “completed”. The subsequent adjustment of Points due to a purchase by the Customer or a purchase referred to by the Customer being made while not having logged into the Customer account during the ordering process (as a guest) and other claims of missing Points can only be made retroactively within six months from the day on which the order is received or from the day of the Rewarding Activity, subject to an order number and the e-mail address, used during the ordering process, or evidence of the Rewarding Activity being provided.
13.1.2 The Customer can retrieve his or her Points balance and get an overview of the individual transactions at any time in his or her Customer account of the Shop. The Seller is entitled to make appropriate adjustments to the Points balance due to e.g. incorrect transactions, a cancellation or a refund of an order, an award of missing Points, a chargeback, a breach of contractual obligations, a violation of the conditions of participation in the bonus program, fraud or abuse, an exercise of the right of withdrawal by the Customer or due to the repeated exercise of the right of withdrawal by a referred new Customer.
13.2 If the award conversion key, used to calculate the award exchange rate for the Rewarding Activity, yields a number of Points with decimal places, then this number shall be rounded up to the nearest whole number in case the decimal number is at least five, or else it shall be rounded down to the nearest whole number. The award conversion key to be applied to the corresponding Rewarding Activity is provided to the Customer on a separate information page, in the individual item view, within the Customer account or during the ordering process. In case of a purchase by the Customer or a purchase referred to by the Customer, the total price of the shopping cart, including the applicable statutory value-added tax (excluding shipping costs or other costs), determines the number of Points to be awarded. If no value-added tax is included in the total price, as for example in case that the purchase is made by a Customer with a billing or shipping address in a non-EU country, the total price including the virtual value-added tax determines the basis for the allocation of the number of Points.
13.3 The awarded Points have a monetary value, whose redemption conversion key can be viewed on a separate information page. As a means of payment, they can only be redeemed within our Shop during the ordering process in the form of a proportionate discount on the total price without the applicable statutory value-added tax (price of the entire shopping cart excluding shipping costs or other costs before applying the value-added tax) or they can be redeemed to settle the full purchase amount excluding shipping costs or other costs before value-added tax. This requires the Customer to be logged into his or her Customer account within our Shop. In consideration of § 12 of these GTC, the Points awarded can be redeemed in combination with value vouchers or promotional coupons during the ordering process, which may change the basis for the number of Points to be awarded. The Points awarded can neither be redeemed retroactively nor paid out in cash or by any other method of payment. They can neither be sold nor traded.
13.4 The Points collected by the Customer will expire at the latest 36 months from the day on which the Points are awarded. They are transferable, i.e. during their period of validity the Customer’s Points balance can only be transferred to a Customer account of another Customer to be named within our Shop. Thus, the Seller is entitled with discharging effect and in good faith to fulfil its contractual obligations towards the Customer who is the receiver of the transferred Points. Furthermore, the Seller has the right to change the award conversion key or the redemption conversion key, used to calculate the award or redemption exchange rate of Points respectively, or to change and terminate current Rewarding Activities or to introduce new Rewarding Activities at any time, whether with or without prior notice. The Points collected up to that date shall remain unaffected.
13.5 The duration of the bonus program is indefinite. The Seller reserves the right to terminate the bonus program or to replace it with another program by giving at least 6 months’ notice, i.e. the Customer shall be informed at least 6 months before the termination or a replacement takes effect. During this 6 months’ period of notice, the Customer may continue to earn and redeem or transfer Points. Thereafter, all Points collected and which are not redeemed up to that date shall expire, provided that no substitute (e.g. value voucher) or transfer of the Points balance to another program exists. If the bonus program is terminated, and unless another program continues as a replacement, the Customer’s participation in the bonus program ceases as well.
13.6 The duration of participation in the bonus program is indefinite upon registration of the required Customer account. The Customer may terminate his or her participation in the bonus program at any time without prior notice. Hence, the termination on the part of the Customer comes into effect by means of a notification sent to the Seller stating the e-mail address and the user name linked to his or her Customer account and, if necessary, the first and last name. The Seller reserves the right to request further information to verify the authenticity of a termination request. Furthermore, the Seller may terminate the Customer’s participation in the bonus program by giving four weeks’ notice (e.g. if the Customer objects to the amendment of the GTC). During this four weeks’ period of notice, the Customer may continue to earn and redeem or transfer Points, otherwise they shall expire. In case the Seller terminates the Customer’s participation in the bonus program for a compelling reason, i.e. for cause (e.g. due to fraud or abuse, a breach of contractual obligations or repeated violations of the conditions of participation in the bonus program on part of the Customer), the mutual obligations arising from the Customer’s participation in the bonus program shall therefore cease immediately without prior notice by stating the reasons. Any legitimate Points collected up to that date shall expire if they are not transferred. The respective termination request must always be made in text form. The termination also causes the irreversible and complete deletion of the Customer account in the Shop, in consideration of statutory obligations to preserve records, and all legitimate Points collected and which are not redeemed up to that date shall expire if they are not transferred.
§ 14 Storage of the Contract Text
14.1 The Customer may print out the Contract text (GTC plus order details of the Customer) prior submitting his or her purchase offer to the Seller by using the print function of the web browser in the last step of the ordering process (see 2.2).
14.2 Once the Seller receives the Customer’s purchase offer, the Customer shall receive an order receipt with the order details by e-mail to the e-mail address specified by the Customer. The Customer shall also receive a copy of the GTC, valid at the time of conclusion of the Contract, as an attachment to the order receipt e-mail, but no later than upon delivery of the Goods, along with the return policy and information on shipping costs, delivery and payment.
§ 15 Final Clauses
15.1 The languages of the wording of the Contract (contractual language) are German and English. The wording of the German version of these GTC is applicable in case of doubt.
15.2.1 The law of the Federal Republic of Germany applies to all legal transactions between the Seller and the Customer, subject to deviating individual agreements. This choice of law applies to legal transactions with Consumers only to the extent that the Consumer is not deprived of the protection afforded by the mandatory provisions of the law of the state in which he or she has his or her habitual residence.
15.2.2 In respect thereof (Art. 6 Rome I Regulation), the German right of withdrawal in particular does not apply to legal transactions with Consumers who have their habitual residence neither in the European Union nor in the European Economic Area, and it is replaced by the right of withdrawal of the Swiss Confederation. In this respect, the Seller grants the Consumer a right of withdrawal with a withdrawal period of 14 days only to the extent that the following modalities in 184.108.40.206 and 220.127.116.11 apply.
18.104.22.168 A right of revocation (right of withdrawal) exists for Consumers with a withdrawal period of 14 days from the date, on which the Consumer acquires, or a third party indicated by him or her other than the carrier acquires, physical possession of the last Product, insofar as the Consumer has ordered multiple Products as part of a single ordering process and the Products where applicable are delivered separately (in part deliveries). With regard to digital content, the withdrawal period is 14 days from the date of concluding the Contract.
22.214.171.124 Paragraphs § 1 to § 5 in our return policy apply verbatim and literally except for § 3 (a) and § 3 (e) of our return policy, excluding the right of withdrawal of the Federal Republic of Germany, in particular without reference to § 312 BGB and § 355 ff. BGB (Germany Civil Code) as the basis. Instead of § 3 (a) and § 3 (e) of our return policy, the following 126.96.36.199.1 and 188.8.131.52.2 apply respectively.
184.108.40.206.1 If the Consumer withdraws or partially withdraws from the Contract, the Seller shall only refund the Consumer the total price (excluding shipping costs or other costs) including the applicable statutory value-added tax (VAT) of the Good or the Goods without undue delay, at the latest within fourteen days from the day on which the notice of the Consumer’s withdrawal from the Contract is received by the Seller.
220.127.116.11.2 The Consumer’s withdrawal is only legally effective if the Products are returned to the Seller in the undamaged original packaging (primary packaging), not as unprepaid parcel (freight collect) and packed safely for transport with shipment tracking. If the Seller incurs additional costs due to the acceptance of an unprepaid return shipment, the Seller shall be entitled to deduct such additional costs (return costs incl. postage due) from the purchase price to be refunded.
15.3 The place of jurisdiction and fulfilment for all claims in connection with the contractual relationship shall be the registered office of the Seller, provided that the Customer is to be regarded as a merchant, a legal entity under public law or a special fund under public law. This also applies mutatis mutandis if the Customer does not provide a place of general jurisdiction in the Federal Republic of Germany, has moved his or her domicile or place of habitual residence abroad after the conclusion of the Contract, or if neither his or her domicile nor place of habitual residence is known to the Seller at the time a complaint is filed (commencement of an action). The Seller is also entitled to file a complaint (commence an action) at the Customer’s place of business (registered office).
15.4 For individual agreements the text form is sufficient. The text form is required for changes or amendments to these GTC in order to take effect, in particular this clause.
15.4.1 The Seller is entitled to make subsequent adjustments or amendments to these GTC with regard to existing business relationships insofar as unforeseeable risks occur, current services are partly or completely discontinued or entirely new services are added, new technical developments are initiated, certain changes in legislation or jurisdiction require, or other circumstances cause a contractual equivalence relationship between the Customer and the Seller which is unbalanced not only to an insignificant extent. This means that any subsequent adjustments and amendments to these GTC only take effect to the extent that in the interest of both parties those do not significantly disrupt the contractual equivalence relationship.
15.4.2 Therefore, a subsequent change to the GTC becomes effective after the Seller has notified the Customer of the subsequent change and the Customer does not object to it within six weeks (objection period). In addition, at the beginning of the objection period, the Seller shall inform the Customer that his or her silence represents a legally effective acceptance of the change to the Contract, and the Customer shall be given the opportunity during this objection period to make an explicit statement to this end. If the Customer objects to the subsequent change in due time, both contracting parties may terminate the contractual relationship by extraordinary notice of cancellation or the Seller may maintain the existing contractual relationship under the previous GTC.
15.5 The European Commission provides Consumers with an online dispute resolution platform at http://ec.europa.eu/consumers/odr/. It serves as a contact point for out-of-court settlements of disputes arising from purchase or service contracts with regard to online transactions. The Seller is neither willing nor obliged to physically appear in front of a Consumer arbitration service as part of a dispute resolution procedure.
15.6 In case individual clauses of these GTC are or become invalid, then the validity of the remaining clauses shall be preserved.
Last update: 05 October 2019
GTC for download