General terms and conditions
General Terms and Conditions with Customer Information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redemption of promotional vouchers
10. Applicable Law
11. Place of jurisdiction
12. Information on online dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "DOCTOR Mi! GmbH & Co. KG" (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2. These Terms and Conditions apply to the purchase of vouchers, unless expressly stated otherwise.
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3. The Seller may 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 is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4. If the payment method "PayPal Express" is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, in deviation from clause 2.3, the seller hereby declares acceptance of the customer's offer at the time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.5. If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 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 or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.
2.6. When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. 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 their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
2.7. Before submitting the 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 identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. Before submitting the binding order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8. Only the German language is available for the conclusion of the contract.
2.9. Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4. Prices and payment terms
4.1. Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated 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 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 also arise 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. Various payment options are available to the customer, which are specified in the seller’s online shop.
4.4. If you select the "PayPal" payment method, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/ , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. Payment is made to Klarna in each case:
• Klarna invoice: When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account for deliveries to Germany can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/invoice?fee=0 .
• Klarna Installment Purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. Further information on Klarna Installment Purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/part_payment . Installment purchase is only offered for Germany.
• SOFORT transfer
• Credit card (Visa/ Mastercard/ AmericanExpress)
• Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/checkout for Germany and here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/checkout
for Austria. General information about Klarna can be found here https://www.klarna.com/de/ .
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy .
Please note that Klarna does not assume responsibility for fulfilling the legal information obligations in the relationship between merchant and customer. In particular, Klarna does not send the customer any information about a possible right of withdrawal for the contract between the merchant and the customer, nor does it send an order confirmation. The merchant is therefore responsible for fulfilling the legal obligations with regard to the contractual relationship between customer and merchant.
4.6. If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" if the result of the check is negative. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only make payments to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and revocations or credit notes. In addition, the general terms and conditions for the use of PayPal's purchase on account apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.7. If the payment method "SOFORT" is selected, payment processing will be carried out 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 online banking account with PIN/TAN procedure that is activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction 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 payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.
5. Delivery and shipping conditions
5.1. The delivery of goods is usually carried out by post and to the delivery address provided by the customer. When processing the Transaction, is the one specified in the seller's purchase process Delivery address is decisive. In contrast to this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.3. Self-collection is not possible for logistical reasons.
5.4. Vouchers are provided to the customer as follows:
6. Retention of title
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2. The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8. Redemption of gift vouchers
8.1. Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop.
8.2. Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credits will be credited to the customer's voucher account until the expiry date.
8.3. Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4. Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
8.6 If 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 selected to pay the difference.
8.7. The balance of a gift voucher will not be paid out in cash and will not accrue interest.
8.8. The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
9. Redemption of promotional vouchers
9.1. Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2. Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3. Promotional vouchers can only be redeemed before the order process is completed. 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 equal to the amount of the promotional voucher. Any remaining balance 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 pay the difference.
9.7. The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
9.8. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9. The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
10. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11. Place of 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 exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. 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 in any case entitled to bring the case before the court at the customer's place of business.
12. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redemption of promotional vouchers
10. Applicable Law
11. Place of jurisdiction
12. Information on online dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "DOCTOR Mi! GmbH & Co. KG" (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2. These Terms and Conditions apply to the purchase of vouchers, unless expressly stated otherwise.
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3. The Seller may 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 is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4. If the payment method "PayPal Express" is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, in deviation from clause 2.3, the seller hereby declares acceptance of the customer's offer at the time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.5. If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 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 or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.
2.6. When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. 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 their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
2.7. Before submitting the 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 identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. Before submitting the binding order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8. Only the German language is available for the conclusion of the contract.
2.9. Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4. Prices and payment terms
4.1. Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated 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 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 also arise 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. Various payment options are available to the customer, which are specified in the seller’s online shop.
4.4. If you select the "PayPal" payment method, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/ , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. Payment is made to Klarna in each case:
• Klarna invoice: When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account for deliveries to Germany can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/invoice?fee=0 .
• Klarna Installment Purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. Further information on Klarna Installment Purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/part_payment . Installment purchase is only offered for Germany.
• SOFORT transfer
• Credit card (Visa/ Mastercard/ AmericanExpress)
• Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/checkout for Germany and here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_at/checkout
for Austria. General information about Klarna can be found here https://www.klarna.com/de/ .
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy .
Please note that Klarna does not assume responsibility for fulfilling the legal information obligations in the relationship between merchant and customer. In particular, Klarna does not send the customer any information about a possible right of withdrawal for the contract between the merchant and the customer, nor does it send an order confirmation. The merchant is therefore responsible for fulfilling the legal obligations with regard to the contractual relationship between customer and merchant.
4.6. If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" if the result of the check is negative. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only make payments to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and revocations or credit notes. In addition, the general terms and conditions for the use of PayPal's purchase on account apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.7. If the payment method "SOFORT" is selected, payment processing will be carried out 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 online banking account with PIN/TAN procedure that is activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction 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 payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.
5. Delivery and shipping conditions
5.1. The delivery of goods is usually carried out by post and to the delivery address provided by the customer. When processing the Transaction, is the one specified in the seller's purchase process Delivery address is decisive. In contrast to this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.3. Self-collection is not possible for logistical reasons.
5.4. Vouchers are provided to the customer as follows:
- by email
- via download
- by post
6. Retention of title
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2. The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8. Redemption of gift vouchers
8.1. Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop.
8.2. Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credits will be credited to the customer's voucher account until the expiry date.
8.3. Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4. Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
8.6 If 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 selected to pay the difference.
8.7. The balance of a gift voucher will not be paid out in cash and will not accrue interest.
8.8. The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
9. Redemption of promotional vouchers
9.1. Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2. Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3. Promotional vouchers can only be redeemed before the order process is completed. 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 equal to the amount of the promotional voucher. Any remaining balance 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 pay the difference.
9.7. The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
9.8. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9. The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
10. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11. Place of 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 exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. 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 in any case entitled to bring the case before the court at the customer's place of business.
12. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.