GENERAL TERMS AND CONDITIONS
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)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redeeming promotion vouchers
- Redeeming gift vouchers
- Applicable law
- Code of conduct
- Alternative dispute resolution
1) Scope of application
Diese General Terms and Conditions (hereinafter "GTC") of Denny Pieper (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the goods displayed by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Für Contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise expressly regulated.
1.3 Verbraucher in the sense of these AGB is each natural person, who concludes a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 Die 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.
2.2 Der The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.
2.3 Der 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 payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry 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 be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 Bei of the submission of an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. The seller shall 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 retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Vor by submitting the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.The German and English languages are available for the conclusion of the contract.
2.8 Die Order processing and contact are usually carried out 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Verbrauchern is generally entitled to a right of revocation.
3.2 Nähere Information on the right of revocation results from the revocation instruction of the seller.
3.3 Das The 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 is outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Sofern does not result from the product description of the salesman anything else, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs 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 by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even 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 Die Payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 Ist prepayment by bank transfer, the payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 Bei Selection of the payment method "PayPal Credit" (installment payment via PayPal) the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the payment method "PayPal Credit" to the customer in case of a negative check result. If the payment method "PayPal Credit" is allowed by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions set by the seller, which are communicated to him in the online shop of the seller. In this case he can only pay to PayPal with debt discharging effect. However, even in the event of assignment of the claim, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes.
4.8 Bei Selection of the "PayPal Direct Debit" payment method PayPal 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 the preliminary information has expired on behalf of the seller. Pre-notification is any notification (e.g. invoice, policy, contract) to the customer that announces a debit by means of a SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient account cover or due to the indication of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
4.9 Bei If you select a payment method offered via the payment service "Klarna", payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be found at the following Internet address:
5) Delivery and shipping conditions
5.1 Die Delivery of goods takes place by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address stated in the order processing of the seller is decisive for the transaction.
5.2 Sendet the transport company returns the shipped goods to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him prior notice of the service for a reasonable period of time. Furthermore, this does not apply with regard to the costs for the consignment if the customer exercises his right of revocation effectively. In the event that the customer exercises his right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.
5.3 Selbstabholung is not possible for logistical reasons.
5.4 Gutscheine are left to the customer as follows:
- by e-mail
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Ist the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 Der Customer is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 Schuldet the seller according to the content of the contract in addition to the delivery of goods also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all necessary content for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 Der The customer indemnifies the seller against any claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.
8.3 Der Seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Redeeming promotion vouchers
9.1 Gutscheine, which are issued free of charge by the seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "campaign vouchers"), can only be redeemed in the online shop of the seller and only within the specified period.
9.2 Einzelne products can be excluded from the voucher action, if a corresponding restriction results from the contents of the action coupon.
9.3 Aktionsgutscheine can only be redeemed before completion of the order process. Subsequent settlement is not possible.
9.4 Pro Order can only be redeemed one promotional voucher at a time.
9.5 Der The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 Reicht, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 Das The credit balance of a promotional voucher is neither paid out in cash nor bears interest.
9.8 Der promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher as part of his statutory right of withdrawal.
9.9 Der Promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotion voucher in the online shop of the seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
10) Redeeming gift vouchers
10.1 Gutscheine, which can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers"), can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
10.2 Geschenkgutscheine and the remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer up to the expiration date.
10.3 Geschenkgutscheine can only be redeemed before completion of the order process. Subsequent settlement is not possible.
10.4 Pro Order can only be redeemed one gift voucher at a time.
10.5 Geschenkgutscheine can only be used for the purchase of goods and not for the purchase of additional gift certificates.
10.6 Reicht the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 Das The credit balance of a gift voucher is neither paid out in cash nor bears interest.
10.8 Der Gift Certificate is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
11) Applicable law
11.1 Für All legal relationships between the parties shall be governed by the laws 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 is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.2 Ferner this choice of law 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.
12) Code of Conduct
- The seller has subjected himself to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .
13) Alternative dispute resolution
13.1 Die The EU Commission provides a platform for online dispute resolution on the Internet at 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 sales or service contracts in which a consumer is involved.
13.2 Der Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.