Terms of service

Table of Contents

  1. AREAS OF USE
  2. CONCLUSION OF THE CONTRACT
  3. RIGHT OF WITHDRAWAL
  4. PRICES AND TERMS OF PAYMENT
  5. DELIVERY AND POSTAGE TERMS
  6. RETENTION OF TITLE
  7. Liability for defects
  8. Redeeming promotional vouchers
  9. Redeeming gift vouchers
  10. Applicable law
  11. Alternative dispute resolution

1) AREAS OF USE

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Mariana Bayer and Christoph Bayer GbR (hereinafter referred to as the “Seller”) apply to all contracts concluded between a consumer or business (hereinafter referred to as the “Customer”) and the Seller in respect of the goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to the purchase of vouchers and contracts for the supply of vouchers, unless otherwise expressly stipulated.

1.3 For the purposes of these Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.4 For the purposes of these Terms and Conditions, a ‘business operator’ means a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.

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 to enable the customer to make a binding offer.

2.2 The customer may place an order using the online order form integrated into the seller’s online shop. In doing so, after adding the selected goods and/or services to the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract in respect of the goods and/or services contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller (by post, email or fax).

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 (by fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
- by delivering the goods ordered to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer once they have placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. 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 their declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed 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’), subject to the PayPal Terms of Service, 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 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 moment the customer clicks the button completing the ordering process.

2.5 If you select the ‘Amazon Payments’ payment method, payment processing is handled by 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 Terms of Use, available at https://payments.amazon.de/help/6019. If the customer selects ‘Amazon Payments’ as the payment method during the online ordering process, they simultaneously issue a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares its acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When a quotation is submitted 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 writing (e.g. by email, fax or post) once the customer has submitted their order. The seller will not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.7 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Order processing and communication generally take place via email and an automated order processing system. 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 that address. In particular, if the customer uses spam filters, they must ensure that all emails 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 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 that include statutory VAT. Any additional delivery and postage costs will be specified separately in the relevant product description.

4.2 Customers can choose from a range of payment options, which are listed in the seller’s online shop.

4.3 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 transfers via financial institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered via the ‘PayPal’ payment service, the payment will be processed via PayPal, which may also use the services of third-party payment service providers for this purpose. Where the seller also offers payment methods via PayPal under which they make an advance payment to the customer (e.g. purchase on account or payment by instalments), they assign their payment claim in this respect 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 carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.

4.6 If you select a payment method offered via the ‘Shopify Payments’ payment service, payment processing is handled by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: “Shopify”). The individual payment methods offered via Shopify are displayed to the customer in the seller’s online shop. To process payments, Shopify may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.de/payments.

5) DELIVERY AND POSTAGE TERMS

5.1 If the seller offers to dispatch the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the carrier returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer validly exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable prior notice of the service.

5.3 For logistical reasons, collection in person is not possible.

5.4 Vouchers are issued to customers as follows:

  • by email
  • by post

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from the supplier. This applies only where the failure to supply is not attributable to the seller and the seller has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.

6) RETENTION OF TITLE

If the seller supplies the goods in advance, they reserve title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects

7.1 Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.2 If the customer is acting as a business,

  • The seller may choose the method of subsequent performance;
  • For new goods, the limitation period for claims arising from defects is one year from the date of delivery;
  • In the case of second-hand goods, rights and claims arising from defects are excluded;
  • the limitation period does not start afresh if a replacement is supplied under the warranty for defects.

7.3 The limitations of liability and shortened limitation periods set out above do not apply

  • for any claims by the customer for damages or reimbursement of expenses,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which, when used in accordance with their normal intended purpose in a building, have caused defects in that building,
  • in respect of any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

7.4 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.5 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.6 If the customer is acting as a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery driver and to inform the seller of this. Failure to do so will not affect the customer’s statutory or contractual rights in respect of defects.

8) Redeeming promotional vouchers

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the customer (hereinafter ‘promotional vouchers’), can only be redeemed in the seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a relevant restriction is specified in the terms of the promotional voucher.

8.3 You can redeem several promotional vouchers in a single order.

8.4 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.

8.5 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 selected to settle the difference.

8.6 The value of a promotional voucher cannot be paid out in cash, nor does it accrue interest.

8.7 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of withdrawal.

8.8 The promotional voucher is intended for use only by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to verify the validity of the voucher holder’s claim.

9) Redeeming gift vouchers

9.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer’s voucher account until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. It is not possible to apply them retrospectively.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.6 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 selected to settle the difference.

9.7 The balance of a gift voucher cannot be paid out in cash and does not accrue interest.

9.8 The gift voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

10) Applicable law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.

11) Alternative dispute resolution

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