General Terms and Conditions with Customer Information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. granting of rights of use for digital contents
6. right of revocation
7. retention of title
8. liability for defects
9. redemption of promotional vouchers
10. applicable law
11. place of jurisdiction
12. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Johannes Adendorff” (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the supply of digital content, unless and to the extent that anything to the contrary has been expressly agreed.
1.3 Digital content within the meaning of these GTC shall be understood to mean all data not located on a physical data carrier which has been produced in digital form and which is provided by the Seller in accordance with these GTC.
1.4 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.5 An entrepreneur 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
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button concluding the order process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
2.3 The Seller accepts the Customer’s offer by the following possible alternatives:
– sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– requesting payment from the customer after the order has been placed
or
– Delivery of the ordered goods
Decisive for the time of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.
2.4 If the payment method “Paypal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). In this case, the Paypal usage agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares the acceptance of the customer’s offer at the time of issuing the payment order, in deviation from the above regulations.
2.5 The contract text of the respective contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3 Prices and terms of payment
3.1 The displayed prices are final prices including the statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in case of a negative credit check. The buyer is free to choose other methods of payment.
3.7 When paying via “PayPal installment”, the customer concludes an installment contract with PayPal. If PayPal allows the payment via “PayPal Installment Payment”, the customer has to pay the invoice amount to PayPal according to the conditions set by PayPal, which are communicated to him in the payment portal of PayPal.
The terms of use of Paypal apply, which can be found here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.8 When paying on account via “PayPal Invoice”, the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable within 30 days from receipt of the invoice to PayPal, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.
The rest of the contractual relationship and rights and obligations to the seller and the seller remain unaffected by this method of payment.
otherwise, the General Terms of Use for the use of PayPal’s purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.9 In case of payment by “SOFORT”, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to use the payment method, the customer needs an online banking account with PIN/TAN procedure that has been activated for participation in “SOFORT”, with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment will be executed immediately after completion of the payment process by “SOFORT” and the customer’s bank account will be debited. More detailed information about the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
4. delivery and shipping conditions
4.1 The delivery of goods by shipping is made to the delivery address specified by the customer. Deviating from this, in case of payment via PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 In case of agreed self-collection, the Customer shall be informed by the Seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs are incurred.
4.4 Digital contents shall be provided to the Customer exclusively in the following electronic form:
by e-mail
by download
4.5 Vouchers shall be provided to the Customer in the following form:
by e-mail
by download
by mail
5. granting of rights of use for digital content
5.1 Unless otherwise stated in the information provided by the seller in the online store, the seller grants the customer the non-exclusive, temporally and locally unrestricted right to use the content provided for private and business purposes.
5.2 Any transfer of the ceded content to third parties or the creation of copies for third parties outside the scope of these GTC is prohibited. This shall not apply if the Seller has agreed to the transfer of the license to a third party or a third party.
5.3 Pursuant to Section 158 (1) of the German Civil Code (BGB), the granting of rights shall only become effective after full payment of the remuneration by the Customer. The Seller may provisionally permit the use of the ceded content even before this point in time. However, such provisional permission does not constitute a transfer of rights and may be revoked at any time.
6. right of revocation
6.1 If the Customer is a consumer, he shall generally have a right of revocation.
6.2 The right of revocation shall be governed by the Seller’s revocation instructions.
7 Retention of title
If the seller makes an advance payment, the goods remain the property of the seller until full payment of the purchase price.
8 Liability for defects
8.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
8.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller thereof. Failure to do so shall not affect the Customer’s statutory or contractual claims for defects.
9 Redemption of promotional vouchers
9.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase (“promotional vouchers”) may only be redeemed in the Seller’s online store and only during the period specified by the Seller.
9.2 Promotion Vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
9.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
9.6 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8 The credit balance of a promotional voucher shall neither be paid out nor shall interest be paid on it.
9.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.10 Promotion vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
10 Applicable Law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11. place of jurisdiction
If the customer is 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.
12. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
