Terms of service

General terms and conditions with customer information

 1. Scope
 2. Conclusion of contract
 3. Prices and terms of payment
 4. Delivery and shipping conditions
 5. Right of withdrawal
 6. Retention of title
 7. Liability for defects
 8. Exemption in the event of violation of third party rights
 9. Redeeming gift certificates
 10. Redemption of campaign vouchers
 11. Applicable Law
 12. Place of jurisdiction
 13. Information on online dispute resolution

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") by "Andrea Hinze" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller via the seller in his online -Shop closes. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.

1.2. These terms and conditions apply accordingly to the purchase of vouchers if and unless otherwise expressly regulated.

1.3. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3. The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email) 
- Request for payment to the customer after placing the order 
- Delivery of the ordered goods 
The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking this button, the seller declares, in deviation from the above regulations, acceptance of the customer's offer at the time the payment order is placed. 

2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account. 

2.6. All entries made are displayed before the order button is clicked and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly. 

2.7. The contract language is German.

2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as setting the filter functions so that emails relating to this order can be delivered. 

3. Prices and terms of payment

3.1. Unless otherwise agreed, the prices shown are final prices including statutory sales tax.
If there are additional shipping costs, this can be found in the product description.

3.2. If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
It is recommended that the customer inquire about the details before ordering from the respective institutions or authorities.

3.3. The customer can choose the payment methods that are available in the online shop.

3.4. In the case of prepayment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.

3.5. When paying by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

3.6. When paying via "PayPal direct debit", PayPal collects the claim after issuing a SEPA direct debit mandate and after expiry of the period for prior information on behalf of the seller from the customer's bank account. Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or due to the specification of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.7. When paying by "SOFORT", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN that has been activated for participation in "SOFORT", with which he can legitimize himself during the payment process and confirm the payment instruction to "SOFORT" . The payment is carried out by "SOFORT" immediately after the payment process has been completed and the customer's bank account is debited. More information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.

4. Delivery and shipping conditions

4.1. The delivery of goods by dispatch takes place to the delivery address given by the customer. In contrast to this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.

4.2. If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this rule if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.

4.3. Pickup is not offered.

4.4. Vouchers are given to the customer in the following form:
  • by email
  • by download
  • by post

5. Right of withdrawal

5.1. If the customer is a consumer, he generally has a right of withdrawal. 

5.2. The seller's cancellation policy applies to the right of cancellation.

6. Retention of title

If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for defects

7.1. With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.

7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect whatsoever on the customer's statutory or contractual claims for defects.

8. Exemption in the event of violation of third party rights

If, in accordance with the contract, the seller owes the customer not only to deliver the goods but also to process the goods in accordance with certain specifications of the customer, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer exempts the seller from third party claims in this context, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense, including all court and lawyer fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to immediately, completely and truthfully provide the seller with all information that is necessary for the examination of the claims and a defense.

9. Redeeming gift certificates

9.1. Vouchers that have been purchased through the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.

9.2. Gift vouchers and remaining balance of gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's voucher account until the expiry date.

9.3. Gift vouchers can only be redeemed before completing the order process. There will be no subsequent redemption.

9.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.

9.6. If the value of a gift voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7. Credit on gift vouchers will not be paid out and no interest will be charged.

9.8. Gift vouchers are generally transferable.
The seller can make a discharge to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner. 

10. Redemption of campaign vouchers

10.1. Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("promotion vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.

10.2. Promotion vouchers can only be redeemed by consumers.

10.3. Individual products can be excluded from the voucher campaign.
The specific restrictions can be found on the campaign voucher.

10.4. Promotional vouchers can only be redeemed before the order process has been completed. There is no subsequent billing.

10.5. Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.

10.6. The goods value of the respective order must at least reach the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

10.7. If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8. The credit of a campaign voucher is neither paid out nor interest.

10.9. The campaign voucher will also not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10. Campaign vouchers are generally transferable. 
The seller can make a discharge to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner. 

11. Applicable Law

The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. 
The statutory provisions for restricting the choice of law and for the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole 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 if this contract or claims from this contract can be attributed to the customer's professional or commercial activity.
However, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.

13. Information on online dispute resolution

The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.