Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Prices and Payment Terms
  4. Delivery and Shipping Terms
  5. Reservation of Rights for Digital Content
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Redemption of Promotional Vouchers
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Patrick Floeter (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts regarding the supply of goods with digital elements, these Terms apply insofar as they are not expressly modified. The Seller is responsible for the provision of digital content or services (hereinafter "digital products") that are integrated into or linked with the goods to enable full functionality.

1.3 For contracts involving solely digital content, these Terms also apply as appropriate. Digital content includes all data generated and provided in digital form.

1.4 A consumer under these Terms is any individual who enters into a legal transaction primarily for personal use rather than for commercial or professional purposes.

1.5 A business under these Terms is an individual, company, or partnership that enters into a legal transaction within the scope of its commercial or independent professional activities.

2) Conclusion of Contract

2.1 Product descriptions in the Seller's online shop are non-binding and intended as invitations for the customer to submit a binding offer.

2.2 Customers may submit offers via the online order form integrated into the Seller’s shop. After placing selected items in the shopping cart and completing the order process, customers submit a legally binding order by clicking the final confirmation button.

2.3 The Seller may accept the customer’s offer within five days by:

  • Sending a written order confirmation or an order confirmation in text form (email), whereby the customer’s receipt of the confirmation is decisive, or
  • Dispatching the goods, whereby the customer’s receipt of the goods is decisive, or
  • Requesting payment from the customer after the order is placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à 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 and conditions 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, payment is 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, he also issues a payment order to Amazon by clicking the button that concludes the order process.In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent.The seller will not make the text of the contract available beyond this.

2.7 Order processing and contact are generally carried out by 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 the 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) Prices and Payment Terms

3.1 Unless otherwise specified, the prices listed in the Seller's product descriptions are final prices. If applicable, additional shipping costs are indicated separately.

3.2 Available payment methods are communicated to the customer in the Seller’s online shop.

3.3 For bank transfer payments, the payment is due immediately upon contract conclusion unless otherwise agreed.

3.4 If a payment method offered via the “PayPal” payment service 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 assigns 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 check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints and returns or credit notes.

3.5 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then immediately carried out by “SOFORT” and the customer's bank account is debited.The customer can find more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

3.6 If a payment method offered via the payment service “Shopify Payments” is selected, 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”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms 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.

3.7 If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions can be viewed here:

https://www.klarna.com/international/terms-and-conditions/

4) Delivery and Shipping Terms

4.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

4.2 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. If the customer effectively exercises his right of returning the goods within the stated period, the provision in the seller's withdrawal policy shall apply to the return costs.

4.3 The seller reserves the right to withdraw from the contract in the event 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 care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

4.4 Self-collection is not possible for logistical reasons.

4.5 Digital content is provided to the customer as follows

- by e-mail

5) Reservation of Rights for Digital Content

5.1 Unless otherwise specified, the Seller grants the customer a non-exclusive, unrestricted right to use the provided content for personal purposes only.

5.2 The customer may not transfer content to third parties or create copies for third parties unless expressly permitted.

5.3 Insofar as the contract relates to the one-off 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.

6) Retention of Title

If the Seller provides goods on credit, the Seller retains ownership of the goods until full payment is received.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • in the case of used goods, the rights and claims for defects are excluded;

7.2 The aforementioned limitations of liability and shortening of the limitation period 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,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, 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), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8) Redemption of Promotional Vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online store and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 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.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.8 The promotional voucher will 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 withdrawal.

9) Applicable Law

The laws of the Federal Republic of Germany apply, excluding international sales law. For consumers, this choice of law applies only if it does not deprive them of mandatory protections under their home jurisdiction.

10) Alternative Dispute Resolution

10.1 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 in which a consumer is involved.

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