Terms and Conditions with Customer Information
- Prices and terms of payment
- Terms of delivery and shipping
- Liability for defects (guarantee)
- Special conditions for the processing of goods according to certain specifications of the customer
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "Terms") of Alexandru-Petru Petroff (hereinafter referred to as "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") has with respect to the seller in his online shop. This is contrary to the inclusion of the customer's own terms and conditions, unless otherwise agreed.
1.2For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal status that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2The 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 going through the electronic ordering process, the customer enters a legally binding contract offer with respect to the basket of contained goods.
2.3The 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 in so far as the customer's receipt of the order confirmation is decisive, or
- by supplying the ordered goods to the customer, whereby the receipt of the goods with the customer is decisive in so far, or
- by requesting the customer to pay after placing his order.
If there are several of the above alternatives, the contract shall be concluded at the time when one of the above-mentioned alternatives first occurs. The deadline for acceptance of the offer begins to run on the day after the customer submits the offer and ends with 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 shall be deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4When 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 sending the customer's order. Any further making available of the contract text by the seller shall not take place.
2.5 Before making a binding order via the seller's online order form, the customer can detect 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 magnification function of the browser, which increases the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6Only the German language is available for the conclusion of the contract.
2.7Orders processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller for order processing can be delivered.
3) Right of withdrawal
3.1Consumers are in principle entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be obtained from the seller's revocation instructions.
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 specified separately in the respective product description.
4.2The payment option/will be communicated to the customer in the seller's online shop.
4.3When payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Service, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions of payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.4If a payment method is selected through the Shopify Payments payment service, payment is processed through the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ('Shopify'). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online shop. For the processing of payments, Shopify may use other payment services, for which special payment terms apply, which the customer may be informed of separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
4.5If you select the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG takes the invoice amount from the customer's credit card account. In the event of assignment, only secupay AG can be paid with debt-relieving effect. The debit of the credit card takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and receipts or credit notes, even if the payment method of credit card payment via secupay AG is selected.
4.6 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ('Stripe'). Stripe reserves the right to perform a credit check and reject this payment method in the event of a negative credit check.
4.7If you select the payment method credit card via Wirecard, payment processing is made via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns his payment claim. Wirecard Bank AG will include the invoice amount from the customer's credit card account. In the event of assignment, only Wirecard Bank AG can be paid with debt-relieving effect. The debit of the credit card takes place immediately after sending the customer order via the online shop of the seller. The seller remains responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, cancellation declarations and shipments or credit notes, even if the payment method of credit card via Wirecard is selected. The information provided by Wirecard Bank AG in accordance with Article 13 GDPR in the context of the processing of credit card payments under https://www.wirecardbank.de/DSGVO is indicated.
5) Terms of delivery and shipping
5.1The delivery of goods takes place by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the sending-out if the customer exercises his right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller's revocation instruction.
5.3Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)
7.1If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2The customer is asked to complain to the delivery company of delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all the contents necessary for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, it shall ensure that no rights of third parties are infringed as a sign of this, in particular copyright, trademark and personality rights.
8.2 The customer indescinuates the seller from claims of third parties, which can assert them against the seller in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
8.3The Seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or morality. This applies in particular to the release of content that is hostile to the constitution, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifying violence.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
10) Alternative dispute resolution
10.1The 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.