General Terms and Conditions with Customer Information
Table of Contents
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") from vollgutleben GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership who is acting in the course of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but are used 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 going through the electronic ordering process, the Customer submits a legally binding contract offer concerning the goods in the shopping cart by clicking the button that completes the order process.
2.3 The Seller can accept the Customer's offer within five days.
2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax, or letter). Beyond this, the Seller does not make the contract text available. If the customer has set up a user account in the Seller’s online shop before placing his order, the order data will be archived on the Seller's website and can be retrieved by the customer through his password-protected user account by providing the appropriate login data free of charge.
2.7 Before the customer submits the binding order via the Seller's online order form, they can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their input via standard keyboard and mouse functions until they click the button to complete the order.
2.8 Both German and English are available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they have provided for order processing is accurate so that emails sent by the Seller can be received. Specifically, the customer must ensure that all emails sent by the Seller or third parties tasked with order processing can be delivered, particularly when using SPAM filters.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of a European Union member state and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise indicated in the product description, the prices stated include all applicable taxes. Any additional delivery and shipping costs will be separately indicated in the product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred, for which the Seller is not responsible and which must be borne by the customer. These include, for example, money transfer fees by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment options available to the customer are communicated in the Seller's online shop.
4.4 If prepayment via bank transfer is agreed upon, the payment is due immediately after the conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 If you select a payment method offered via the "Shopify Payments" service, the payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the Seller's online shop. Stripe may use other payment services for processing payments, for which special payment conditions may apply. Further information on "Shopify Payments" can be found at https://www.shopify.com/legal/terms-payments-de.
4.6 If you select a payment method offered via the "Klarna" service, the payment processing is done by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Further details and Klarna's terms can be found in the Seller's payment information.
5) Delivery and Shipping Conditions
5.1 Goods are delivered by shipping to the address provided by the customer, unless otherwise agreed. The address given in the Seller's order processing is decisive. However, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment applies.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear any reasonable costs incurred by the Seller. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. For return costs in case of effective withdrawal, the regulations made in the Seller's withdrawal instructions apply.
5.3 Pickup is not possible for logistical reasons.
6) Retention of Title
If the Seller provides an advance payment, he reserves the right to ownership of the delivered goods until the full payment of the owed purchase price has been made.
7.1 If the purchased item is defective, the provisions of statutory warranty rights apply.
7.2 The following applies to used goods: Warranty claims are excluded if the defect occurs more than one year after the item's delivery. Defects appearing within one year can be claimed within the statutory limitation period. This one-year limitation does not apply to:
- Items used in construction that have caused it to be defective,
- Claims for damages and reimbursement by the customer, and
- Instances where the seller has fraudulently concealed the defect.
7.3 If the customer is a consumer, they are advised to report visible shipping damages to the delivery service and inform the seller. Failure to do so has no impact on their statutory or contractual warranty rights.
8) Redeeming Promotional Vouchers
8.1 Vouchers issued by the seller for promotional purposes with a specific validity period, and that can't be purchased, can only be redeemed in the seller's online shop within the specified period.
8.2 Specific products may be excluded from voucher promotions.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent accounting is not possible.
8.4 Only one promotional voucher can be used per order.
8.5 The value of the goods must at least equal the value of the promotional voucher. No refund for remaining credit.
8.6 If the voucher doesn’t cover the order, the difference can be settled with other payment methods.
8.7 Voucher credit will not be paid out in cash or earn interest.
8.8 No refund for the voucher if goods are returned under the statutory right of withdrawal.
8.9 Vouchers are transferable. The seller can discharge obligations to the holder unless they're aware of any fraud or misrepresentation.
9) Applicable Law
9.1 All legal relations are governed by German law, excluding international sales laws. Exceptions apply for consumers with residency outside Germany.
9.2 This choice of law does not apply to consumers residing outside the EU at the time of the contract.
For disputes, the jurisdiction is the seller’s place of business in Germany, with exceptions.
11) Code of Conduct
- The seller adheres to “Fairness in Trade” terms, viewable online.
- The seller adheres to Google Customer Reviews guidelines, also viewable online.
12) Alternative Dispute Resolution
12.1 EU Commission provides an online platform for dispute resolution.
12.2 The seller is neither obligated nor willing to participate in a consumer arbitration process.
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