Terms and Conditions
General Terms and Conditions with Customer Information
Table of contents
- scope
- conclusion of the contract
- right of withdrawal
- Prices and payment terms
- delivery and shipping conditions
- retention of title
- liability for defects (warranty)
- Liability
- redemption of promotional vouchers
- redemption of gift vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Marco Bischof, trading under "Marco Bischof" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her 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 serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using 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, 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.
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,
- 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 his order.
If several of the aforementioned alternatives exist, the contract is concluded at the 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 on the expiry 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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 conditions for payments without a PayPal account, available at https ://www .paypal .com /de /webapps /mpp /ua /privacywax -full .
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.
2.6 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 for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out 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.
3) Right of withdrawal
3.1 Right of withdrawal for consumers
Consumers generally have a right of withdrawal.
3.2 Cancellation policy
The seller's cancellation policy is as follows:
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Marco Bischof, address, email address) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, email or fax). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
Consequences of revocation:
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer.
5.2 If 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 to the costs of delivery if the customer effectively exercises his right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer by email.
6) Retention of title
6.1 The goods remain the property of the seller until full payment has been made.
7) Liability for defects (warranty)
7.1 If the Customer acts as an entrepreneur, the limitation period for defects in new goods is one year from delivery of the goods.
7.2 If the customer acts as a consumer, the limitation period for claims for defects is generally two years from delivery of the goods.
7.3 The liability limitations set out above do not apply to claims for damages resulting from intentional or grossly negligent injury to life, body or health.
8) Liability
8.1 The Seller shall be liable without limitation in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health and due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract.
9) Redemption of promotional vouchers
9.1 Vouchers issued by the Seller as part of promotional campaigns and linked to a specific redemption period can only be redeemed during the specified period.
9.2 Promotional vouchers can only be used for the products advertised in the voucher and not for the purchase of gift vouchers.
10) Redemption of gift vouchers
10.1 Gift vouchers can be redeemed on the Seller’s website.
10.2 The value of the gift voucher will be credited to the order and cannot be redeemed for cash.
11) Applicable law
11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.
11.2 If the Customer is a consumer and has his habitual residence in another country, the choice of applicable law in paragraph 1 shall only affect the law that grants the Customer the same protection as he is entitled to under the mandatory provisions of the law of the country in which he has his habitual residence.
12) Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr .
12.2 The Seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board.