General terms and conditions
TABLE OF CONTENTS
Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital contents
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Radzuweit Industries GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise agreed.
1.3 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5 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 his commercial or self-employed professional activity.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone.
2.3 The Seller may 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), in which case the receipt of the order confirmation by the customer shall be decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.Ă r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, 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 pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
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 provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) RIGHT OF REVOCATION
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (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 transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which he makes advance payments to the Customer (e.g. purchase on account or payment by installments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he 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, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
4.8 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"). More detailed information as well as the terms and conditions of Klarna in this regard can be found in the Seller's payment information, which can be viewed at the following Internet address:
5) DELIVERY AND SHIPPING TERMS
5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows:
- by e-mail
5.7 Digital content will be provided to the customer as follows:
by download
by e-mail
6) GRANTING OF RIGHTS OF USE FOR DIGITAL CONTENT
6.1 Unless otherwise stated in the description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content for private as well as commercial purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.
7) RESERVATION OF TITLE
If the Seller makes advance performance, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
8) LIABILITY FOR DEFECTS (WARRANTY)
8.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
in the case of used goods, the rights and claims for defects are excluded;
the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
8.3 If the customer acts as a consumer, the following shall apply to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects shall be one year from delivery of the goods if this was expressly and separately contractually agreed between the parties and the customer was specifically informed of the shortening of the limitation period before submitting its contractual declaration.
8.4 The above-mentioned limitations of liability and shortening of the period of limitation shall not apply to
to claims for damages and reimbursement of expenses of the customer,
in the event that the Seller has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
for any existing obligation of Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
8.5 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.6 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.7 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) REDEMPTION OF CAMPAIGN VOUCHERS
9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
10) REDEMPTION OF GIFT VOUCHERS
10.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate.
10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
11) APPLICABLE LAW
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) PLACE OF JURISDICTION
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from 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, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to apply to the court at the Customer's place of business.
13) ALTERNATIVE DISPUTE RESOLUTION
13.1 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 involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.