Conditions
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeemment of promotional vouchers
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1. 1 These general terms and conditions (hereinafter "GTC") of HeroSmile GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller goods presented in its online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1. 2 Within the meaning of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1. 3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of contract
2. 1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2. 2 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2. 3 The seller has five days to accept the customer's offer,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order 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 asking the customer to pay after they have placed their order.
If there are several of the above alternatives, the contract comes into effect at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2. 4 When selecting a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S. at r. l et Cie, p. C A , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www. PayPal. com
2. 5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s. c a , 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments. amazon. en
2. 6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. B e-mail, fax or letter). The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2. 7 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2. 8 German and English are available for the conclusion of the contract.
2. 9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 to process the order can be delivered.
3) Right of withdrawal
3. 1 Consumers generally have a right of withdrawal.
3. 2 More information on the right of cancellation can be found in the seller's cancellation policy.
3. 3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4. 1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4. 2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. B transfer fees, exchange rate fees) or import duties or taxes (ex. B Duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4. 3 The payment option(s) will be communicated to the customer in the seller's online shop.
4. 4 If prepayment 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.
4. 5 When selecting a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. B Purchase on account or installment payment), he assigns his payment claim to PayPal or PayPal. 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 carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or to be paid within the agreed payment intervals. In this case, he can only contact PayPal or pay the payment service provider commissioned by PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4. 6 When selecting a Ratepay payment method offered by the seller (e.g. B Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment) the payment is processed by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "Ratepay"), to which the seller assigns his claim against the customer. The customer will be informed on the seller's website which Ratepay payment methods the seller offers in detail. The customer can only make payments to Ratepay with a debt-discharging effect. However, the seller remains responsible for general customer inquiries (eg. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes). In all other respects, Ratepay's general terms and conditions of payment apply, which can be accessed here: https://www. ratepay. com
4. 7 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www. of course. com
4. 8 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd. , 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter the "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special terms of payment apply, to which the customer may is pointed out separately. More information about "Shopify Payments" is available online at https://www. shopify. com
4. 9 If you select a payment method offered via the "mollie" payment service, the payment will be processed via the payment service provider Mollie B. V , Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie can use other payment services to process payments, for which special terms of payment apply, to which the customer may is pointed out separately. Further information on "mollie" is available online at https://www. molly com
4. 10 If you select a payment method offered via the "VR Payment" payment service, the payment will be processed by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment are communicated to the customer in the seller's online shop. To process payments, VR Payment can use the services of third-party payment service providers, for which special terms of payment apply, to which the customer may is pointed out separately. Further information on "VR Payment" is available online at https://www. vr payment. de
4. 11 When selecting a payment method offered via the "Adyen" payment service, the payment is processed via the payment service provider Adyen N. V , Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, The Netherlands (hereinafter: “Adyen”). The individual payment methods offered via Adyen are communicated to the customer in the seller's online shop. To process payments, Adyen may use the services of third-party payment service providers, for which special terms of payment apply, to which the customer may is pointed out separately. Further information on "Adyen" is available online at https://www. adyen. help
4. 12 If you select a payment method offered via the "Unzer" payment service, the payment will be processed by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer are communicated to the customer in the seller's online shop. To process payments, Unzer can use the services of third-party payment service providers, for whom special terms of payment apply, to which the customer may is pointed out separately. Further information on "Unzer" is available online at https://www. unzer. com
4. 13 If you select a payment method offered via the "Stripe" payment service, the payment will be processed via the payment service provider Stripe Payments Europe Ltd. , 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter the "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special terms of payment apply, to which the customer may is pointed out separately. More information about Stripe is available online at https://stripe. com
4. 14 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 15 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4. 16 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 within 14 (fourteen) days of receipt of the invoice without deduction to abcfinance GmbH, Kamekestraße 2-8, 50672 Cologne ("abcfinance"). The purchase on account payment method requires a successful credit check by abcfinance. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with abcfinance, to which the seller assigns his payment claim. In this case, the customer can only make payments to abcfinance with a debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 17 If you select the payment method purchase on account via Billie, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the payment period stated on the invoice without deduction to Billie GmbH, Charlottenstraße 4, 10969 Berlin. Purchase on account via Billie is only available to entrepreneurs and requires a successful credit check by Billie GmbH. If the customer is allowed to purchase on account after checking the creditworthiness, the payment will be processed in cooperation with Billie GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payments to Billie GmbH with a debt-discharging effect. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, dispatch, returns, complaints or credit notes. Otherwise, the general terms and conditions of Billie GmbH (https://www. billy io
4. 18 If you select the payment method purchase on account via BillSAFE, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions to PayPal (Europe) S. at r. l et Cie, p. C A , 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal") as operator of the BillSAFE payment service. The purchase on account payment method requires a successful credit check by PayPal. If the customer is allowed to pay on account after checking the creditworthiness, the payment is processed in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay to PayPal with a debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, the general terms and conditions of BillSAFE, which the customer can call up and must confirm during the ordering process, apply in this respect. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 19 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 within 14 (fourteen) days of receipt of the invoice without deductions to PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Purchase on account is only possible for customers who have reached the age of 18. have completed their year of life. The purchase on account payment method requires a successful credit check by PAYONE GmbH. If the customer is allowed to purchase on account after checking the creditworthiness, the payment will be processed in cooperation with PAYONE GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payments to PAYONE GmbH with debt-discharging effect. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, the general terms and conditions of PAYONE GmbH (https://www. payone. com
4. 20 If you select the payment method purchase on account via Masterpayment, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG") without deduction immediately after receipt of the invoice. The purchase on account payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with net-m privatbank 1891 AG, to which the seller assigns his payment claim. In this case, the customer can only make payments to net-m privatbank 1891 AG with a debt-discharging effect. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. A prerequisite for using the payment method purchase on account via Masterpayment is that the customer is over the age of 18. has reached the age of The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 21 If you select the purchase on account payment method via Paymorrow, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The purchase on account payment method requires a successful credit check by paymorrow GmbH. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with paymorrow GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payments to paymorrow GmbH with a debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, paymorrow's General Terms and Conditions apply, which the customer can access and must confirm during the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 22 If you select the payment method purchase on account via Paymorrow, the purchase price must be paid within 21 (twenty-one) days of receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The purchase on account payment method requires a successful credit check by paymorrow GmbH. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with paymorrow GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payments to paymorrow GmbH with a debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, paymorrow's General Terms and Conditions apply, which the customer can access and must confirm during the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 23 If you select the payment method purchase on account via Paymorrow, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without any deductions to InterCard AG, Alstertor 9, 20095 Hamburg. The purchase on account payment method requires a successful credit check by paymorrow GmbH. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with paymorrow GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payments to paymorrow GmbH with a debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, paymorrow's General Terms and Conditions apply, which the customer can access and must confirm during the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 24 If you select the payment method purchase on account via Rakuten checkout, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days of the invoice date without deduction to Rakuten Deutschland GmbH, Geisfelder Str. 16, 96050 Bamberg (www. Rakuten de/checkout) to which the seller assigns his claim for payment. In this case, the customer can only pay to Rakuten Deutschland GmbH with debt-discharging effect. The purchase on account payment method requires a successful credit check by Rakuten Deutschland GmbH. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, the general terms and conditions of Rakuten Deutschland GmbH apply, which the customer can call up during the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 25 If you select the payment method purchase on account via Santander, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction to Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach. A purchase on account is only possible for customers who act as consumers and are over 18. have completed their year of life. The purchase on account payment method requires a successful credit check by Santander Consumer Bank AG. If the use of the purchase on account 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 ordering process. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with Santander Consumer Bank AG, to which the seller assigns his payment claim. In this case, the customer can only make payments to Santander Consumer Bank AG Santander with a debt-discharging effect. If the customer does not meet his payment obligation or not fully within the payment period, he will be in default without any further reminder. In this case, the customer is obliged to compensate for the damage caused by the delay. The damage caused by delay can in particular include costs for reminders and costs for appropriate legal action (e.g. B attorney's fees). Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder. The customer is entitled to prove that no damage or only a small amount of damage has occurred. The claims against the customer from the purchase on account can be assigned to third parties at any time, in particular to collection agencies for the purpose of collecting overdue amounts.
The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
The seller reserves the right to only offer the purchase on account payment method 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 point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 26 If you select the payment method purchase on account via secupay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to secupay S. A , 19, rue du Bitbourg, L-1273 Luxembourg (www. secupay ag), to be paid. The purchase on account payment method requires a successful credit check by secupay S. A in advance. If the customer is allowed to purchase on account after checking the creditworthiness, the payment will be processed in cooperation with secupay S. A to which the seller assigns his claim for payment. In this case, the customer can only contact secupay S. A perform with debt-discharging effect. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 27 If you select the payment method purchase on account via Unzer, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions to Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"). The purchase on account payment method requires a successful credit check by Unzer. If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with Unzer, to whom the seller assigns his payment claim. In this case, the customer can only make payments to Unzer with a debt-discharging effect. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments 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 given by the customer is not identical to the billing address, especially if the delivery address is a Packstation or a post office box is specified, or
- if the customer is over the age of 18. year of life has not yet reached its end.
The seller also reserves the right to only offer the purchase on account 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 point out a corresponding payment restriction to the customer in his payment information in the online shop.
4. 28 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. B Invoice, policy, contract) from the seller to the customer, which announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4. 29 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. B Invoice, policy, contract) from the seller to the customer, which announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4. 30 If you select the direct debit payment method, the payment will be processed by PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the claim on his behalf. PAYONE GmbH collects the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. Pre-notification ("Pre-Notification") is any notification (e.g. B Invoice, policy, contract) to the customer who announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4. 31 When selecting the payment methods "direct debit via ipayment" or "credit card via ipayment", the payment is processed 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 take note of and must 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 accepting the customer’s payment request.
4. 32 If you select the payment method direct debit (direct debit), the invoice amount is due immediately upon conclusion of the contract. The direct debit payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer is allowed to direct debit (direct debit) after checking the creditworthiness, the 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 his claim for payment. 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, payment can only be made to net-m privatbank 1891 AG with a debt-discharging effect. The direct debit takes place when the ordered goods leave the seller's warehouse. The seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4. 33 If you select the direct debit payment method, the payment is processed via the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring (hereinafter "Novalnet"). In this case, payment is made by direct debit from the customer's bank account, provided that the customer has previously given the seller a SEPA mandate. The purchase price will be debited from the customer's bank account one bank working day after completion of the order by Novalnet under the creditor ID: DE53ZZZ00000004253. The period for the advance notice (pre-notification) is reduced to one day. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4. 34 When selecting the SEPA direct debit payment method, the payment is processed by the technical service provider Paymill GmbH, St. -Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg or of Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. The invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. B Invoice, policy, contract) from the seller to the customer, which announces a debit using SEPA direct debit. If the customer acts as a consumer, the period for the advance information is reduced to five days for first direct debits and to 2 days for subsequent direct debits. If the customer acts as an entrepreneur, the period for the advance information is reduced to one day for both first direct debits and subsequent direct debits. The period for the advance information begins on the following day and ends for consumers in the case of first direct debits on the fifth day, in the case of subsequent direct debits on the second day and for companies on the day following the advance information. If the last day of the period falls on a Saturday, a Sunday or a public holiday recognized by the state at the customer's registered office, the next working day shall take the place of such a day. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4. 35 If you select the payment method “direct debit via Ratepay”, the payment will be processed by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter “Ratepay”). The customer gives Ratepay a SEPA direct debit mandate and instructs his bank to redeem due direct debits. The customer must ensure that his checking account has sufficient funds. If the current account does not have the required cover, the bank holding the account is not obliged to redeem it. Ratepay reserves the right to carry out a credit check. If the customer is allowed to pay by direct debit, the payment is processed via Ratepay, to which the seller assigns his payment claim. The customer can only make payments to Ratepay with a debt-discharging effect. The seller remains responsible for general customer inquiries (e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes). The general terms and conditions of Ratepay apply, which can be accessed here: https://www. ratepay. com
4. 36 If you select the payment method direct debit (direct debit), the invoice amount is due immediately upon conclusion of the contract. The direct debit payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www. secupay ag) ahead. If the customer is allowed to direct debit (direct debit) after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his 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, payment can only be made to secupay AG with debt-discharging effect. The direct debit takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4. 37 If you select the payment method direct debit via Stripe, the payment will be processed 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 collect 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 deadline for the advance information has expired. Pre-notification is any communication (e.g. B Invoice, policy, contract) to the customer who announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4. 38 If you select the payment method direct debit via Unzer, the payment will be processed by the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, Unzer carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method direct debit via Unzer in the event of a negative test result. If the payment method direct debit via Unzer is approved by Unzer, Unzer will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. B Invoice, policy, contract) to the customer who announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
The payment method direct debit via Unzer is excluded,
- if the order value is less than 10.00 euros,
- if the delivery address given by the customer is not identical to the billing address, especially if the delivery address is a Packstation or a post office box is specified, or
- if the customer is over the age of 18. year of life has not yet reached its end.
The seller also reserves the right to offer the payment method direct debit via Unzer 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 point out a corresponding payment restriction to the customer in his payment information in the online shop.
5) Terms of delivery and shipping
5. 1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5. 2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5. 3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller delivers the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment has. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
5. 4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5. 5 Pickup is not possible for logistical reasons.
6) Retention of title
6. 1 In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
6. 2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6. 3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the statutory liability for defects applies. Deviating from this, 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 supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7. 2 The limitations of liability and shortened deadlines set out above do not apply
- for customer claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective,
- for a possible existing 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 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing legal right of recourse remain unaffected.
7. 4 Does the customer act as a merchant i. S i.e § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7. 5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and legal claims, including tort claims, for damages and reimbursement of expenses as follows:
8. 1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
8. 2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8. 3 Otherwise, the seller is not liable.
8. 4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redeeming promotional vouchers
9. 1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period become.
9. 2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9. 3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting 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 the amount of the promotional voucher. Any remaining credit 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 is neither paid out in cash nor does it earn interest.
9. 8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9. 9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner 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 non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10) Governing Law
10. 1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies 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.
10. 2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11) Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
12) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in retail", which is available online at https://www. fairness-in-trade. de
/participation conditions can be viewed./ - The seller has submitted to the "Google Customer Reviews" guidelines, which are available online at https://support. google. com
/merchants ./topic /7105962 - The seller has submitted to the Trusted Shops quality criteria, which are available online at http://www. trustedshops. com
/tsdocument can be viewed./TS_QUALITY_CRITERIA_de. pdf
13) Alternative Dispute Resolution
13. 1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec. Europe. eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13. 2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.