General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter "GTC") of Dmitrij Lehmann (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2For contracts for the delivery of vouchers, these GTC apply accordingly, unless something different is regulated in this respect.
1.3A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4An 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 his commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2The customer can submit the offer via the online order form integrated in the online store of the seller. In doing so, after placing the selected goods in the virtual shopping cart and going through 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.
2.3The 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), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5If the payment method "Amazon Pay" is selected, 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, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7Before bindingly placing the 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 recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8The German and English languages are available for the conclusion of the contract.
2.9Order processing and contacting usually take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received under 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) Right of revocation
3.1Consumers are generally entitled to a right of withdrawal.
3.2More information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2The payment option(s) will be communicated to the customer in the online store of the seller.
4.3If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the Internet under https://www.klarna.com/sofort/ call up.
4.4If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be 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. For the processing of payments, Stripe may use other payment services, for which special payment conditions 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 available.
4.5If a payment method offered via the "Klarna" payment service is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the terms and conditions of Klarna in this regard can be found in the payment information of the seller, which can be viewed at the following Internet address:
5) Delivery and shipping terms
5.1If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2If 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. This does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.4The seller reserves the right to withdraw from the contract in case 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, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.3The above-mentioned limitations of liability and shortening of the period shall not apply to
- to claims for damages and reimbursement of expenses of 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 customary use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
7.4Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim that may exist shall remain unaffected.
7.5If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
8.2Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
8.3Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4Only one promotional voucher can be redeemed per order.
8.5The 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.
8.6If 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 chosen to settle the difference.
8.7The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8The 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 framework of his statutory right of withdrawal.
8.9The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) Redemption of gift vouchers
9.1Vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.
9.2Gift certificates and remaining gift certificate balances are redeemable until the end of the third year after the year of the gift certificate purchase. Remaining credits will be credited to the customer until the expiration date.
9.3Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4Only one gift voucher can be redeemed per order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6If 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 chosen to settle the difference.
9.7The balance of a gift voucher is neither paid out in cash nor does it earn interest.
9.8The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply 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 habitual residence.
11) Alternative Dispute Resolution
11.1The 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 involving a consumer.
11.2The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.