Terms of service
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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights of Use for Digital Content
7. Contract Duration and Termination of Subscription Contracts
8. Retention of Title
9. Liability for Defects (Warranty)
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Code of Conduct
14. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of EntoSus GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller in relation to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content in the sense of these GTC means data created and provided in digital form.
1.4 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.5 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 trade, business or profession.
1.6 The subject of the contract may – depending on the Seller’s product description – be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of permanent delivery (hereinafter „subscription contract“). In a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the duration of the agreed contract period in the agreed time intervals.
2) Conclusion of the 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 as an invitation for the Customer to submit a binding offer.
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 completing the electronic ordering process, by clicking the button that completes the order process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart. The Customer can also submit the offer to the Seller by email, online contact form, post or telephone.
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 email), 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 the Customer to pay after submitting their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The deadline 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 dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), under the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable in the online ordering process, the Seller hereby declares the acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.
2.5 If „Amazon Payments“ is selected as the payment method, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), under the Amazon Payments Europe User Agreement, viewable 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 completes the ordering process. In this case, the Seller hereby declares the acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after sending their order. No further provision of the contract text by the Seller takes place. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be retrieved free of charge by the Customer via their password-protected user account by entering the relevant login data.
2.7 Before submitting the 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 of better recognising input errors can be the browser’s magnification function, 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 clicking the button that completes the ordering process.
2.8 German is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s Cancellation Policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract is located outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices that include statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfer if delivery is not 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 shop.
4.4 If a payment method offered via the „Shopify Payments“ payment service is selected, payment processing is handled by 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 shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, of which the Customer will be informed separately if applicable. Further information on „Shopify Payments“ is available at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the „Stripe“ payment service is selected, payment processing is handled by 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 Stripe are communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, of which the Customer will be informed separately if applicable. Further information on Stripe is available at https://stripe.com/de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery takes place within the Seller’s specified delivery area 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 transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the costs for shipping if the Customer effectively exercises their right of withdrawal. For return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s Cancellation Policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier or person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer even with consumers as soon as the Seller has delivered the item to the forwarder, carrier or person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarder, carrier or person or institution otherwise designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in cases where the non-delivery is not the fault of the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be reimbursed without delay.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the Seller’s specified business hours at the address specified by the Seller. In this case, no shipping costs are charged.
5.6 Vouchers are provided to the Customer as follows:
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, geographically and time-unlimited right to use the provided content for private and commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the license that is the subject of the contract to the third party.
6.3 As far as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has fully paid the owed compensation. The Seller can also provisionally allow the use of the contract content before this point. Such provisional permission does not transfer the rights.
7) Contract Duration and Termination of Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without notice.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (cancellation button) provided by the Seller on their website.
8) Retention of Title
If the Seller makes an advance performance, they reserve title to the delivered goods until full payment of the purchase price owed.
9) Liability for Defects (Warranty)
Unless otherwise provided in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
9.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation does not start again if a replacement delivery is made within the scope of liability for defects.
9.2 The above-regulated liability limitations and shortening of deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their usual 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.
9.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.4 If the Customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification under § 377 HGB. If the Customer fails to fulfil the notification obligations regulated there, the goods are deemed approved.
9.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller. If the Customer does not comply with this, this has no effect on their statutory or contractual warranty claims.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter „gift vouchers“) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Several gift vouchers can also be redeemed for one order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase further 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 can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor earns interest.
10.8 The gift voucher is transferable. The Seller can fulfil their obligation to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, lack of legal capacity or lack of representation authority of the respective holder.
11) Applicable Law
11.1 All legal relationships of the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11.2 Furthermore, this choice of law in relation to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract is located outside the European Union.
12) Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to call upon the court at the Customer’s place of business.
13) Code of Conduct
- The Seller has subjected itself to the Terms of Participation for the eCommerce initiative „Fairness im Handel“, viewable at https://www.fairness-im-handel.de/teilnahmebedingungen/.
- The Seller has subjected itself to the guidelines for „Google Customer Reviews“, viewable at https://support.google.com/merchants/topic/7105962.
- The Seller has subjected itself to the Trusted Shops quality criteria, viewable at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution 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 from online sales or service contracts in which a consumer is involved.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights of Use for Digital Content
7. Contract Duration and Termination of Subscription Contracts
8. Retention of Title
9. Liability for Defects (Warranty)
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Code of Conduct
14. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of EntoSus GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller in relation to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content in the sense of these GTC means data created and provided in digital form.
1.4 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.5 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 trade, business or profession.
1.6 The subject of the contract may – depending on the Seller’s product description – be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of permanent delivery (hereinafter „subscription contract“). In a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the duration of the agreed contract period in the agreed time intervals.
2) Conclusion of the 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 as an invitation for the Customer to submit a binding offer.
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 completing the electronic ordering process, by clicking the button that completes the order process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart. The Customer can also submit the offer to the Seller by email, online contact form, post or telephone.
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 email), 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 the Customer to pay after submitting their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The deadline 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 dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), under the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable in the online ordering process, the Seller hereby declares the acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.
2.5 If „Amazon Payments“ is selected as the payment method, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), under the Amazon Payments Europe User Agreement, viewable 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 completes the ordering process. In this case, the Seller hereby declares the acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after sending their order. No further provision of the contract text by the Seller takes place. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be retrieved free of charge by the Customer via their password-protected user account by entering the relevant login data.
2.7 Before submitting the 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 of better recognising input errors can be the browser’s magnification function, 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 clicking the button that completes the ordering process.
2.8 German is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s Cancellation Policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract is located outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices that include statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfer if delivery is not 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 shop.
4.4 If a payment method offered via the „Shopify Payments“ payment service is selected, payment processing is handled by 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 shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, of which the Customer will be informed separately if applicable. Further information on „Shopify Payments“ is available at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the „Stripe“ payment service is selected, payment processing is handled by 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 Stripe are communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, of which the Customer will be informed separately if applicable. Further information on Stripe is available at https://stripe.com/de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery takes place within the Seller’s specified delivery area 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 transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the costs for shipping if the Customer effectively exercises their right of withdrawal. For return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s Cancellation Policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier or person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer even with consumers as soon as the Seller has delivered the item to the forwarder, carrier or person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarder, carrier or person or institution otherwise designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in cases where the non-delivery is not the fault of the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be reimbursed without delay.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the Seller’s specified business hours at the address specified by the Seller. In this case, no shipping costs are charged.
5.6 Vouchers are provided to the Customer as follows:
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, geographically and time-unlimited right to use the provided content for private and commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the license that is the subject of the contract to the third party.
6.3 As far as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has fully paid the owed compensation. The Seller can also provisionally allow the use of the contract content before this point. Such provisional permission does not transfer the rights.
7) Contract Duration and Termination of Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without notice.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (cancellation button) provided by the Seller on their website.
8) Retention of Title
If the Seller makes an advance performance, they reserve title to the delivered goods until full payment of the purchase price owed.
9) Liability for Defects (Warranty)
Unless otherwise provided in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
9.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation does not start again if a replacement delivery is made within the scope of liability for defects.
9.2 The above-regulated liability limitations and shortening of deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their usual 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.
9.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.4 If the Customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification under § 377 HGB. If the Customer fails to fulfil the notification obligations regulated there, the goods are deemed approved.
9.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller. If the Customer does not comply with this, this has no effect on their statutory or contractual warranty claims.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter „gift vouchers“) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Several gift vouchers can also be redeemed for one order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase further 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 can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor earns interest.
10.8 The gift voucher is transferable. The Seller can fulfil their obligation to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, lack of legal capacity or lack of representation authority of the respective holder.
11) Applicable Law
11.1 All legal relationships of the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11.2 Furthermore, this choice of law in relation to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract is located outside the European Union.
12) Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to call upon the court at the Customer’s place of business.
13) Code of Conduct
- The Seller has subjected itself to the Terms of Participation for the eCommerce initiative „Fairness im Handel“, viewable at https://www.fairness-im-handel.de/teilnahmebedingungen/.
- The Seller has subjected itself to the guidelines for „Google Customer Reviews“, viewable at https://support.google.com/merchants/topic/7105962.
- The Seller has subjected itself to the Trusted Shops quality criteria, viewable at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution 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 from online sales or service contracts in which a consumer is involved.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
