Terms of Service and Customer Information

Terms of Service and Customer Information

Table of contents

1. Applicability
2. Conclusion of contract
3. Right of revocation
4. Prices and payment conditions
5. Delivery conditions and shipping conditions
6. Reservation of proprietary rights
7. Liability for defects and warranty
8. Special conditions for processing or production of goods according to customer's requirements
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution

1.) Applicability
1.1 These Terms of Service (hereinafter 'TOS') of Lukas Schütte, acting in the name of 'Lukas Schütte' (hereinafter 'seller') apply for all contracts about the delivery of goods concluded by a private person or entrepreneur (hereinafter 'customer') made with the seller regarding the goods displayed in their online shop. Hereby, the inclusion of terms and conditions raised by the customer are turned down, unless another personal agreement exists.

1.2 For contracts regarding the delivery of vouchers, these TOS apply unless another personal agreement exists.

1.3 Private customers are declared as every natural person, which concludes a deal or contract with an intended purpose of not acting in the function of a freelancer nor an employed professional.

1.4 An entrepreneur is a natural or juridical person or a society vested with legal capacity, which acts in a professional function at the moment of the conclusion of a deal.

2) Conclusion of contract

2.1 The article descriptions contained in the online shop of the seller represent no binding offers by the seller. Instead, they are the base for a binding offer by the customer.

2.2 The customer may submit the offer through the online order form, which is integrated into the online shop. The customer submits their binding offer to conclude a contract by confirming the order through pressing the button which finishes the order process after adding the selected goods to the virtual cart and going through the automated ordering process. Furthermore, the customer can submit the offer towards the seller through e-mail or through the online contact form.

2.3 The seller can accept the offer from the customer within five days,
# by submitting a written confirmation or a confirmation in text form (fax or e-mail) whereas the time of reception by the customer represents the determining factor, or
# by delivering the ordered goods to the customer, whereas the time of reception by the customer represents the determining factor, or
# by requesting the payment from the customer after they have submitted their order.

If several of the aforementioned options occur, the contract is concluded at the point of time when one of the aforementioned options is realized first. The time frame for accepting the offer starts at the day after the customer has submitted their offer and ends with the end of the fifth day following the date of the submission of the offer. If the vendor does not accept the offer of the customer within those five days, this counts as a rejection of the offer, resulting in the customer not being bound to their declaration of intention any more.

2.4 By selecting a method of payment supplied by PayPal, the processing of the payment will be performed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, (hereinafter 'PayPal'), according to the Terms and Conditions of PayPal, available here:
https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, according to the Terms and Conditions, available here: https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays in the shop using a method of payment provided by PayPal, the seller declares the acceptance of the oder of the customer at the very moment when the customer clicks onto the button for finalizing the order.
2.5 Upon the submission of an offer via the onine contact form of the seller, the contract text will be saved and sent to the customer after they have sent their order in text form (e.g.) e-mail, fax or letter). Beyond that, the customer will have no access to this text as it will not be published in another way. If the customer has created a personal account in the shop prior to the submission of the order, the order data will be archived on the web site of the seller and can be viewed again by the customer free of charge by using the customers own credentials.
2.6 The customer can check their order for errors by considerate reading of the information shown on the display before finishing the order and render it legally binding by submitting the order form. An effective tool for improving the legibility of the information can be the magnifiying function of the browser, which enlarges the displayed information on the screen. The customer can change their data entries as many times as they want prior to clicking on the button which finalizes the ordering process.
2.7 The languages English and German can be used for concluding a contract.
2.8 Processing orders and getting in contact will be usually fulfilled through e-mail and automated order processing. The customer has to ensure that their entered e-mail adress for processing the order is correct, so that e-mails send to this adress by the seller will be received. Especially when the customer is using a SPAM filter or junk mail filter, the customer has to ensure that all e-mails sent by the seller or by an authorized third party will be received.
3) Right of revocation
3.1 By default, consumers have a right of revocation, except for the exceptions listed below.

3.2. More detailed information about the right of revocation can be read from the withdrawal instruction.

3.3 The right of revocation is not valid for consumers who are not a citizen of a member state of the European Union and whose only place of residence and delivery adress are not within the European Union at the time of contract conclusion.

4) Prices and payment conditions

4.1 As long as not stated otherwise in the product description, the prices noted are all round prices which contain value added tax. Additional shipping and handling costs are noted separately in the corresponding product description.

4.2 For deliveries to outside the European Union, additional fees may be charged which are not pleaded by the seller and which have to be taken over by the customer. This includes, but is not limited to: transaction fees by banks (e.g. bank wire transfer fees, currency exchange fees), or import duties and fees (e.g. customs fees). These charges may also occur on money transfers, when the delivery is not shipped to a country inside the European Union, bt the customer has made the payment from a country outside the European Union.

4.3 The method(s) of payment are signalized to the customer in the online shop of the seller.

4.4 If advance payment by bank wire transfer has been agreed on as a method of payment, the payment is due immedeately after conclusion of the contract, as long as no later point of time has been agreed on by seller and customer.

4.5 If the customer selected the method 'PayPal Credit' (payment plans via PayPal, may be depicted as 'RATENZAHLUNG'), the seller yields the payment claim to PayPal. Before accepting the act of assignment, PayPal will perform a solvency check based on the transmitted customer data. The seller reserves the right to decline the use of the method of payment 'PayPal Credit' towards the customer if the solvency check retuns a negative result. If PayPal accepts the method of payment 'PayPal Credit' towards the customer, the customer has to pay the amount according to the conditions defined by the seller which are described in the online shop, towards PayPal. In this case, the customer can only pay towards PayPal in order to diminish or remove their debt. The seller remains obliged to answer regular customer's inquiries concerning products, goods, delivery times, shipping, returns, warranty claims, withdrawal declarations and transmissions of such, or credit, even in the case of assigning the claim towards PayPal.

5) Delivery conditions and shipping conditions

5.1 Delivery of goods will be dispatched through a shipping forwarder to the delivery adress entered by the customer, unless another personal agreement exists. Upon processing your order, the adress provided during checkout will be used for shipping - unless PayPal has been selected as a method of payment by the customer, then the address which has been registered with PayPal at the moment of payment will be used for shipping.

5.2 If the delivery fails due to reasons that the customer has to account for, the customer has to pay the resulting fees and charges that will be charged from the seller. This will not be valid for the costs for the shipping from the seller to the customer, if the customer withdraws correctly from the contract. For the costs of sending back in case of a correct withdrawal from the contract by the customer, the regulations described in the withdrawal instruction apply.

5.3 If the customer acts as an entrepreneur, the responsibility for accidental loss and/or accidental depreciation of the sold goods is transferred to the customer as soon as the seller has handed over the goods to the designated forwarder. If the customer acts as a private customer, the responsibility for accidental loss and/or accidental depreciation of the sold goods is transferred not before the point of time when the goods have been handed over to the customer or a designated recipient by default. Deviating hereof, the responsibility for accidental loss and/or accidental depreciation of the sold goods when the customer acts as a private customer is also transferred to the designated forwarder if the customer has designated a forwarder, delivery agent or other person or institution and if the customer has not forwarded the name of this person or institution towards the seller.

5.4 The seller remains the right to cancel the contract in case of not receiving appropriate supplies from their supply agents. This only applies if the seller is not responsible for the supply delivery towards them not taking place and if the seller has undertaken appropriate diligence to ensure supply replenishment by undergoing an arrangement with the supplier. The seller will undergo all reasonable effort in order to procure the requested goods. If the requested goods turn out to be non-availably or only partly available, the customer will be informed and a reimbursement for the non-deliverable part of the goods will be made.

5.5 Due to logistic reasons, personal pick-up is not possible.

6) Reservation of proprietary rights

If the seller performs a preparatory effort, they reserve the right or property until the total amount for the delivery has been paid in full.

7. Liability for defects and warranty

7.1 If the purchased good(s) contain(s) errors or defects, the laws of liability for defects and warranty apply.

7.2 If the customer acts as an entrepreneur,
-the seller decides about the form of supplementary performance;
-the limitation period expires one year after delivery;
-the rights in case of defects and/or shortcomings are void if the goods are sold as "used";
-the limitation period will not start over again if a replacement delivery has been taken place.

7.3 The aforementioned liability reductions, waivers and period shortenings are not applicable:
-for claims of compensation and reinbursement of expenses of the customer;
-in case the seller has fraudulently concealed a defect or shortcoming;
-for goods which are intended to be used for building construction and caused defects or shortcomings therein;
-for an obligation of the seller to supply updates for digital products in case of a delivery of digital elements.

7.4 If the customer acts as a registered merchant according to § 377 HGB of German law, the requirement to make a complaint in respect of a defect immediately on receipt of the goods and the requirement of examination of the goods apply. If the customer does not act accordingly, the goods are seen as cleared.

7.6 If any transport damages are obviously viewable upon arrival, the customer is asked to make a complaint directly at their delivery agent, if possible, and get in touch with the seller immediately. If the customer fails to meet these requirements, this has no consequences for their legal or contracted right of warranty.

8) Special conditions for processing or production of goods according to customer's requirements

8.1 Is the seller obliged by the contract to process goods according to specifications or instructions set by the customer in addition to delivering the goods, the customer has to provide the neccesary information, images, texts or files according to the file format and size specifications defined by the seller and the customer has to grant the right to use the provided information and files towards the seller. The customer alone is responsible for gathering the content and the right of use. The customer declares that they are in possession of the right to use the content transmitted to the seller and that the customer takes over the liability. Furthermore, the customer has to make sure that no laws from third parties may be violated, especially copyright, brand and personality rights.

8.2 The customer indemnifies the seller from all claims of third parties which are connected to a violation of their rights which may arise and/or be enforced by the use of the content by the seller according to the contract made between seller and customer. The customer takes over the costs of an adequate legal assistance including all court and lawyer fees in the amount defined by law. This does not apply if the customer is not responsible for the violation of rights. In case of a claim by third parties, the customer is obliged to provide all neccesary information inmmediately and truthfully for checking the validity of a claim and for a legal defense.

8.3 The seller remains to decline customization inquiries, if the customer has supplied contents which infringe official restrictions or morality. This includes, but is not limited to: anticonstitutional, racist, ethnophobic, discriminating, harassing content as well as content that glorifies violence and content harmful to minors.

9) Redemption of promotion discount vouchers

9.1 Vouchers with a certain given time of validity which have been issued by the seller within a sales promotion and which cannot be bought by the customer (hereinafter 'promo vouchers'), can only be redeemed in the online shop of the seller and only within the specified time frame.

9.2 Certain products can be excluded from the promotion if a corresponding restriction can be read from the voucher description.

9.3 Promo vouchers can only be redeemed before finalizing the order. Applying the rebate afterwards is not possible.

9.4 Only one promo voucher can be redeemed per order.

9.5 The value of the order must reach or exceed the value from the promo voucher. Remaining charges will not be reimbursed by the seller.

9.6 If the value of the promo voucher does not come up for the total of the order, the rest can be paid with one of the other methods of payment provided by the seller.

9.7 The credit of a promo voucher will neither be paid in cash nor will it pay interest.

9.8 The promo voucher will not be returned when the customer returns their ordered goods which have been purchased partly or entirely with the promo voucher as a result of a correct widthdrawal from the contract.

9.9 The promo voucher can be transferred to another person. The seller can fulfil with discharging effect towards the owner of the corresponding promo voucher who redeems the voucher in the shop of the seller. This does not apply if the seller becomes aware that the owner is not eligible or incapable of contracting or not allowed to act for the corresponding owner.

10) Applicable law

10.1 For all legal dependencies between the parties, the law of the Federal Republic of Germany applies, excluding the rights about international sales of non-immovable goods. For consumers, this choice of law only applies, as long as the non-granted protection due to compulsory regulations of the law of the state, where the consumer resides, is being removed.

10.2 Furthermore, the choice of law concerning the statuory right of revocation does not apply for consumers who are not a citizen of a member state of the European Union and whose only place of residence and delivery adress are not within the European Union at the time of contract conclusion.

11) Alternative dispute resolution
11.1 The European Commission offers a platform for online dispute settlement on the internet, which can be found here: https://ec.europa.eu/consumers/odr/ This platform functions as a contact point for extrajuridical settlement of disputes resulting from online sales or service contracts involving a customer.

12.2 The seller is neither obligated nor willing to partake in a settlement with a customer arbitration board.

© These terms of Service have been created by the specialized lawyers of IT-Recht Kanzlei and are copyrighted.(www.it-recht-kanzlei.de).