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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 serve for the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button that concludes the order process, the customer submits a legally binding offer regarding the goods contained in the shopping cart. Furthermore, the customer may also submit the offer to the seller by e-mail or by post.

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), 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 the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends at the close 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 a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered via PayPal is selected, payment processing is carried out through 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”), under the application of the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time when the customer clicks the button that concludes the order process.

2.5 If the payment method “Amazon Payments” is selected, 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 application of the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as a payment method during the online ordering process, by clicking the button that concludes the order process, the customer simultaneously issues a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer’s offer at the time when the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. by e-mail, fax, or letter) after the customer has submitted his order. No further access to the contract text is provided by the seller. If the customer has created a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login details.

2.7 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language options are indicated in the online shop.

2.9 Order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that, when using spam filters, 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 Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further 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 conclusion of the contract, are not members of a member state of the European Union and whose sole place of residence and delivery address are, at the time of conclusion of the contract, outside the European Union.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and must be borne by the customer. Such costs include, for example, fees for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in connection with money transfers 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 available payment method(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 after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service “Unzer” is selected, payment processing is carried out through the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin, Germany (hereinafter referred to as “Unzer”). The individual payment methods offered via Unzer are communicated to the customer in the seller’s online shop. For the processing of payments, Unzer may use the services of third-party payment service providers, for which special payment terms may apply and of which the customer will be informed separately, if applicable. Further information about “Unzer” can be found online at https://www.unzer.com/de/zahlungsmethoden

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice regarding the type of subsequent performance;

• for new goods, the limitation period for defect claims is one year from the delivery of the goods;

• for used goods, the rights for defects are excluded;

• the limitation period does not start anew if a replacement delivery is made under the liability for defects.

7.2 The above-mentioned limitations of liability and shortening of time limits shall not apply

• to claims for damages and reimbursement of expenses by the customer,

• in the event that the seller has fraudulently concealed the defect,

• to goods that have been used in accordance with their normal use for a building and have caused its defectiveness,

• to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the obligation to examine and give notice of defects pursuant to Section 377 HGB shall apply. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he is requested to report goods delivered with obvious transport damage to the deliverer and to inform the seller accordingly. Failure of the customer to comply with this request shall have no effect on his statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation on any legal ground

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body, or health,

• on the basis of a guarantee promise, unless otherwise provided in this respect,

• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract, according to its content, imposes on the seller to achieve the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the seller’s liability for his vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If, under the terms of the contract, the seller is also obligated to process the goods according to specific customer requirements in addition to delivering the goods, the customer shall provide the seller with all content required for such processing, such as texts, images, or graphics, in the file formats, layouts, image and file sizes specified by the seller, and shall grant the seller the rights of use necessary for this purpose. The customer shall be solely responsible for procuring and acquiring the rights to these contents. The customer declares and assumes responsibility that he is entitled to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, or personal rights.

9.2 The customer shall indemnify the seller against any claims made by third parties that they may assert against the seller in connection with an infringement of their rights due to the contractual use of the customer’s content by the seller. In this context, the customer shall also assume the reasonable costs of the seller’s legal defense, including all court and attorney’s fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer shall be obligated to provide the seller immediately, truthfully, and in full with all information necessary for the examination of the claims and for a defense.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates statutory or official prohibitions or is contrary to public decency. This applies in particular to the submission of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.

11) 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 within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business.

If the customer’s registered office is 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, provided that the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller shall in any event be entitled to bring an action before the court at the customer’s place of business.

12) Code of Conduct

• The seller has submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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 in which a consumer is involved.