General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
These General Terms and Conditions (hereinafter "GTC") of Deutscher Online Handel GmbH & Co. KG (hereinafter "Seller"), shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, e-mail or post.
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 the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
When submitting an offer via the Seller's online order form, the text of the contract will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
Before bindingly placing an 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 recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
For the conclusion of the contract, only the German language is available.
The order processing and contact is usually done by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal.
More detailed information on the right of revocation can be found in the seller's revocation instruction.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
of the European Union.
4) Prices and terms of payment
Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option(s) is/are communicated to the customer in the online shop of the seller.
If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller.
Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
If the payment method Klarna Invoice Purchase or the payment method Klarna Instalment Purchase is selected, the payment will be processed by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information on Klarna invoice and instalment purchase as well as Klarna's terms and conditions for this can be found in the Seller's payment information, which can be viewed at the following Internet address:
5) Delivery and shipping conditions
The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address indicated in the order processing of the seller is decisive.
If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable period of notice of the service. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
For logistical reasons, self-collection is not possible.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it.
If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
Furthermore, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
9) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
10) Code of Conduct
The seller has subjected himself to the Trusted Shops quality criteria, which are available on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
11) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.