GTC
1) Scope of application
1.1 The following provisions (hereinafter referred to as "GTC") apply to all contracts for the delivery of goods by eszett Handelskontor GmbH (hereinafter referred to as "Seller"). These contracts are concluded between the Seller and a consumer or an entrepreneur (hereinafter referred to as the "Customer") when the Customer purchases goods from the Seller's online store. Any individual terms and conditions of the Customer will not be accepted unless expressly agreed otherwise.
1.2 The GTC set out here also apply to contracts for the provision of vouchers, unless there are specific provisions that apply differently in this context.
1.3 In these General Terms and Conditions, a "consumer" is defined as any natural person who enters into a legal agreement, the main purpose of which cannot be attributed to their commercial or independent professional activity.
1.4 In these General Terms and Conditions, the term "entrepreneur" refers to a natural or legal person or a partnership with legal capacity that is acting in the course of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions that can be found in the seller's online store do not have the quality of binding offers on the part of the seller. Rather, they serve to give the customer the opportunity to submit a binding offer.
2.2 To submit such an offer, the customer uses the online order form integrated in the seller's online store. The customer places the desired products in the virtual shopping cart and goes through the electronic ordering process. By clicking on the final confirmation button, the customer submits a legally binding contract offer relating to the items contained in the shopping cart.
2.3 The seller reserves the right to accept the customer's offer within five days in the following ways:
-By sending a written order confirmation or an order confirmation in text form (e.g. by fax or e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive or
-by delivery of 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 the order.
If several of the aforementioned alternatives exist at the same time, 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 customer sends the offer and ends on the fifth day after the offer is sent. If the seller does not accept the customer's offer within this period, this shall be deemed a rejection of the offer and the customer shall no longer be bound by his original declaration of intent.
2.4 If the customer chooses one of the payment methods offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"). The PayPal terms of use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the customer does not have a PayPal account, the terms and conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By clicking on the confirmation button to complete the order process, the seller already declares his acceptance of the customer's offer if the customer pays using a payment method offered by PayPal to be selected during the online ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"). The user agreements of Amazon Payments Europe apply, which can be viewed at https://payments.amazon.de/help/201751590. By clicking the confirmation button to complete the order process, the customer simultaneously issues a payment order to Amazon if the customer pays using a payment method offered by Amazon to be selected in the online order process. In this case, the seller already accepts the customer's offer.
2.6 As a result of the submission of an offer via the seller's order form in the online store, the contract text is sent by the seller to the customer in text form (e.g. by e-mail or fax). The seller does not make the text of the contract available in any other way. If the customer has created a user account in the seller's online store, the order data is archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.7 Before the customer submits the binding order, they have the opportunity to recognize any input errors by carefully reading the information displayed on the screen. An effective method for better recognition of input errors can be the magnification function of the browser, which can be used to enlarge the screen display. The customer can correct their entries during the electronic ordering process using normal keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The contract language is exclusively german.
2.9 Order processing and communication generally take place by e-mail and automated order processing. The customer is responsible for ensuring that the e-mail address provided by him for order processing is correct so that he can receive e-mails from the seller. This applies in particular if the customer uses SPAM filters to ensure that e-mails sent by the seller or third parties commissioned by the seller can be delivered.
3) Right of withdrawal
3.1 Verbrauchern steht allgemein ein Widerrufsrecht zu.
3.2 Consumers generally have a right of withdrawal.
4) Prices and payment confirmation
4.1 Unless otherwise stated in the seller's product description, the prices quoted include statutory VAT and are total prices. Any delivery and shipping costs incurred are shown separately in the respective product description.
4.2 The available payment methods are made available to the customer in the seller's online store.
4.3 If you select a payment method that is processed via the "PayPal" payment service, the payment will be processed via PayPal. PayPal may also use the services of third-party providers. If the seller offers payment methods for which he makes advance payments (e.g. purchase on account or payment by installments), he assigns his payment claim with regard to these parts to PayPal or the payment service provider commissioned by PayPal and specifically named by the customer. Before accepting the assignment, PayPal or the commissioned payment service provider shall carry out a credit check on the basis of the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method if the result of the check is negative. If the selected payment method is approved, the customer is obliged to pay the invoice amount within the agreed payment period or at the agreed intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, such as questions about the goods, delivery times, shipping, returns, complaints, revocation and return rights or credit notes, even in the case of assignment of claims.
4.4 If the customer chooses a payment method that is processed via the payment service "Stripe", the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The payment methods available from Stripe are communicated to the customer in the seller's online store. Stripe may also use other payment service providers for the processing of payments, for which special payment terms may apply, about which the customer will be informed separately. Further information about Stripe can be found at: www.stripe.com.
4.5 If a payment method is selected that is processed via the payment service "Klarna", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options, whereby the payments are made to Klarna:
-Invoice: The payment period is 14 days from dispatch of the goods, the ticket or, in the case of other services, from provision of the service. The exact invoice terms for deliveries to Germany can be found at the following URL: Purchase on account Germany, and for deliveries to Austria under Purchase on account Austria.
-Immediately: Your account will be debited immediately after placing your order.
The use of the payment method "invoice" requires a positive credit check. We therefore forward your data to Klarna as part of the purchase process in order to carry out an address and credit check. Please understand that we can only offer you those payment methods that are permitted based on the results of this credit check. Further information and Klarna's terms of use for Germany can be found here: Klarna Germany, and for Austria here: Klarna Austria. General information about Klarna can be found at: www.klarna.com.
Klarna behandelt Ihre persönlichen Daten gemäß den geltenden Datenschutzbestimmungen und in Übereinstimmung mit Klarnas Datenschutzbestimmungen für Deutschland und Österreich, wie in Klarnas Datenschutzbestimmungen Deutschland/Österreich dargelegt.
5) Delivery and shipping conditions
5.1 If the seller offers a shipping service for its products, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. During the order process of the seller, the delivery address specified by the customer in the order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer is obliged to bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the original delivery to the customer if the customer effectively exercises his right of withdrawal, but does apply to the return costs. In the event of the effective exercise of the right of withdrawal by the customer, the regulations set out in the seller's withdrawal policy for the return costs shall apply
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or another person or institution designated for shipment.
However, if the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally not pass until the goods are handed over to the customer or a person authorized to do so. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer, if the customer is acting as a consumer, as soon as the seller has delivered the goods to the forwarding agent, the carrier or another person or institution designated for shipment, provided that the customer has previously commissioned this person or institution with the shipment and the seller has not previously named another person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of improper or incorrect self-delivery. This shall only apply if the non-delivery is not the responsibility of the Seller and the Seller has already concluded a specific contract for procurement with the supplier with reasonable care. The Seller shall make every effort to procure the goods. If the goods are not available or are only partially available, the customer will be notified immediately and any consideration will be refunded immediately.
5.5 Self-collection is not possible.
5.6 Vouchers will be made available to the customer in writing by e-mail.
6) Retention of title
If the seller makes advance payment, the seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects or warranty
7.1 Unless expressly agreed otherwise, the provisions of statutory liability for defects shall apply. Notwithstanding the above, the following provisions shall apply to contracts for the delivery of goods:
7.2 If the customer is acting in his capacity as an entrepreneur,
-the seller has the option of choosing the type of subsequent performance;
-the limitation period for defects in new goods is one year from the date of delivery of the goods;
-in the case of used goods, all rights and claims based on defects are excluded;
-the limitation period is not restarted if a replacement delivery is made as part of the liability for defects.
7.3 The above provisions on limitations of liability and shortening of time limits do not apply to:
-Claims for damages and expenses by the customer,
-if the seller has fraudulently concealed the damage,
-goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
-any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements
7.4 In addition, entrepreneurs must note that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is obliged to carry out the commercial duty of inspection and notification of defects in accordance with § 377 HGB. If the customer neglects the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 Handelt der Kunde als Verbraucher, bitten wir ihn, offensichtliche Transportschäden an der gelieferten Ware gegenüber dem Zusteller zu reklamieren und den Verkäufer zu informieren. Kommt der Kunde dieser Aufforderung nicht nach, so hat dies keinerlei Auswirkungen auf seine gesetzlichen oder vertraglichen Mängelansprüche.
8) Redeeming promotional vouchers
8.1 As part of promotional campaigns, the seller issues promotional vouchers with a fixed validity period free of charge, and these can only be redeemed in the seller's online store during the specified period
8.2 Promotional vouchers can only be used by consumers.
8.3 Certain products may be excluded from the voucher promotion if this is stated in the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.5 Only one promotional voucher may be redeemed per order.
8.6 Der Gesamtwert der bestellten Waren muss mindestens dem Wert des Aktionsgutscheins entsprechen. Überschüssiges Guthaben wird vom Verkäufer nicht zurückerstattet.
8.7 If the value of the promotional voucher is not sufficient to pay for the order in full, one of the other payment methods offered by the seller can be selected to settle the remaining amount.
8.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.9 If the customer returns products that were paid for in whole or in part with a promotional voucher as part of his statutory right of withdrawal, the promotional voucher will not be refunded.
8.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the person who redeems the promotional voucher in the seller's online store. An exception shall only apply if the seller is aware of the non-authorization, legal incapacity or lack of power of representation of the respective redeemer or is guilty of grossly negligent ignorance thereof.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, whereby the laws on the international purchase of movable goods are excluded. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Place of jurisdiction
If the customer acts as a merchant, is a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes in connection with this contract shall be the place of business of the seller.
If the customer is domiciled outside the territory of the Federal Republic of Germany and the contract or claims arising from the contract can be attributed to his professional or commercial activity, the seller's place of business shall also be the exclusive place of jurisdiction for all disputes arising from this contract. In these cases, however, the seller reserves the right to appeal to the court at the customer's place of business.
11) Alternative dispute resolution
11.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12) No sale to commercial customers
The seller makes its products available exclusively to consumers and entrepreneurs who purchase the products for their own use, unless otherwise contractually agreed. Commercial resale of the products is then not permitted. Therefore, the seller reserves the right to reject offers that give the impression that they are made for the purpose of commercial resale of the products, for example due to the quantity of (repeated) orders. In addition, the seller reserves the right to assert claims for damages if an unauthorized resale of the products takes place.