GTC

General Terms and Conditions with Customer Information

 

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Applicable Law
  9. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions ("GTC") of Stephan Bauer (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An 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 their commercial or independent professional activity.

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 as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail, postal mail, or via an online contact form.

2.3 The Seller may accept the Customer's offer within five days,

  • by transmitting to 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 shall be decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
  • by requesting the Customer to make a payment after the submission of the order.

If several of the aforementioned alternatives occur, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends with the expiration 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 the Customer selects a payment method offered by PayPal, the 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"), under the terms of the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed 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 in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., by e-mail, fax, or letter) after the Customer has submitted their order. The Seller will not provide further access to the contract text beyond this.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer may detect potential input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their inputs using the usual keyboard and mouse functions within the electronic ordering process until they click the button that completes the ordering process.

2.7 The contract may only be concluded in the German language.

2.8 Order processing and contact typically take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, if the Customer uses SPAM filters, they must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory VAT. Any additional delivery and shipping costs, if applicable, will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs related to money transfer may also arise even if the delivery does not take place in 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 prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 For goods delivered by freight forwarding, delivery shall be made "free to the kerb," that is, up to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with respect to the costs for re-shipment if the Customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation provided in the Seller's withdrawal policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.

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 goods to the freight forwarder, carrier, or the person or institution 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 shall in principle only pass to the Customer upon delivery of the goods to the Customer or a person entitled to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the goods to the freight forwarder, carrier, or the person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or the person or institution 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 improper or incorrect self-supply. This applies only in the event that the non-delivery is not attributable to the Seller and that the Seller has concluded a specific covering transaction with the supplier with the due diligence required. The Seller will 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 refunded without delay.

5.6 If the Seller offers the goods for pickup, the Customer may collect the ordered goods within the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller performs in advance, he reserves ownership of the delivered goods until the full payment of the owed purchase price has been received.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided by the following provisions, the statutory warranty provisions shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.2 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;
  • for used goods, the rights and claims regarding defects are excluded;
  • the limitation period does not restart if a replacement delivery is made within the framework of the warranty.

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

  • to claims for damages and reimbursement of expenses by the Customer,
  • in cases where the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual purpose for a building and have caused its defective condition,
  • or for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and report defects pursuant to § 377 HGB applies. Should the Customer fail to fulfill the notification obligations specified therein, the goods shall be deemed accepted.

7.6 If the Customer acts as a consumer, he is requested to report any delivered goods with obvious transport damages to the carrier and to inform the Seller thereof. Failure to do so shall not affect his statutory or contractual warranty claims.

8) Applicable Law

Für sämtliche Rechtsbeziehungen der Parteien gilt das Recht der Bundesrepublik Deutschland unter Ausschluss der Gesetze über den internationalen Kauf beweglicher Waren. Bei Verbrauchern gilt diese Rechtswahl nur insoweit, als nicht der gewährte Schutz durch zwingende Bestimmungen des Rechts des Staates, in dem der Verbraucher seinen gewöhnlichen Aufenthalt hat, entzogen wird.

9) Alternative Dispute Resolution

9.1 The European Commission provides an online platform for the resolution of disputes 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.

9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.