Terms and Conditions
Terms and Conditions with Customer Information
Table of Contents
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 (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Paul Weber (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but are intended for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via 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 offer with respect to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when 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 at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When selecting the “Amazon Payments” payment method, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer’s offer at the time the Customer triggers the payment transaction by clicking the button that concludes the ordering process.
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 is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer sends their order. The contract text will not be made accessible beyond this.
2.7 Before submitting the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The languages available for the conclusion of the contract are displayed in the Seller’s online shop.
2.9 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered even if spam filters are used.
Hier ist die Fortsetzung der Übersetzung der Allgemeinen Geschäftsbedingungen:
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal is provided in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the “PayPal” payment service, payment processing is carried out via PayPal, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.
5.2 If delivery to the Customer is not possible, the shipping company will return the goods to the Seller, and 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 they were temporarily prevented from accepting the offered service, unless the Seller had notified them of the service within a reasonable time in advance.
5.3 Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance delivery, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The Customer is requested to report obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so does not affect the Customer’s statutory or contractual claims for defects.
8) Special Conditions for the Processing of Goods According to Customer Specifications
If, according to the content of the contract, the Seller is obligated to process the goods according to the Customer’s specifications, the Customer must provide all content required for processing, such as texts, images, or graphics, in the formats, file sizes, and specifications specified by the Seller. The Customer is solely responsible for obtaining the rights to this content. They ensure that they are entitled to grant the Seller the rights necessary for processing and use. The Customer indemnifies the Seller against claims by third parties that may arise in connection with the infringement of their rights through the contractual use of the content provided by the Customer.
9) Applicable Law
9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.