General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Redemption of gift vouchers
10. Applicable law
11. Code of Conduct
12. Alternative dispute resolution

1) Scope

1.1&These General Terms and Conditions (hereinafter "GTC") of Tim Schmidt (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these General Terms and Conditions apply accordingly, unless otherwise agreed.

1.3 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 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 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, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, or by 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 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 placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time 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 dispatch 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 their declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing will be carried out 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/etc/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/etc/privacywax-fullIf 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 the customer clicks the button that completes the ordering process.

2.5 If you select the payment method "Amazon Payments", the payment will be 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, available at https://payments.amazon.de/help/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates 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 will be 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. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

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 their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9&Order processing and contact are generally 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. 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 to process the order 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 the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated 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 transfers by credit institutions (z.B. Transfer fees, exchange rate fees) or import duties or taxes (z.B. Customs duties). Such costs may also be incurred in relation to the transfer of money 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 payment option(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 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 payment service “PayPal”, payment will be processed via PayPal, although 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 they make advance payments to the customer (e.g. purchase on account or payment by installments), they assign their 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 will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only pay PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.6 If you select the "SOFORT" payment method, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be carried out immediately by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/immediately/ retrieve.

4.7 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is carried out 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 shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.8 If you select a payment method offered via the payment service "Stripe," payment processing will be carried out 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 will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information about Stripe can be found on the Internet at https://stripe.com/de available.

4.9 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days from the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only pay to Klarna AB with a debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to only offer the payment method purchase on account up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

4.10 If you select the payment method direct debit via Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before expiry of the advance notification period. Advance notification ("Pre-Notification") is any notification (z.B. Invoice, policy, contract) to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if this is their responsibility. The seller reserves the right to conduct a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.11 If you select the payment method by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method if the credit check is negative.

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 provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified by the seller during order processing is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. up to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3&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 shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.4&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 freight forwarder, the carrier, or the 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 to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5&The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 Self-collection is not possible for logistical reasons.

5.7 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. The following applies 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;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual purpose and which 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 recourse claim remain unaffected.

7.4 If the customer acts as a merchant i.S.d. § 1 HGB, the customer is subject to the commercial obligation to inspect and notify defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.5 If the customer is a consumer, they are asked to complain to the deliverer about any goods with obvious transport damage and to inform the seller. Failure to do so will have no effect on their statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2&The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to provide the seller promptly, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

8.3&The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Redemption of gift vouchers

9.1 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 in the voucher.

9.2&Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

9.3&Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

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 additional 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 can be selected to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash or accrue interest.

9.8&The gift voucher is transferable. The seller may make a payment to the respective holder who redeems the gift voucher in the seller's online shop, discharging his or her liability. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent.

10) Applicable law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that 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 with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

11) Code of Conduct

• The seller has submitted to the guidelines for “Google Customer Reviews”, which are available on the Internet at https://support.google.com/merchants/topic/7105962 are visible.
• The seller has submitted to the Trusted Shops quality criteria, which can be found on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are visible.

12) Alternative dispute resolution

12.1 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 sales or service contracts involving a consumer.

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