Terms of service

Table of Contents:
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Nekrasov, Samuel / Stottele, Gustav GbR (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller in relation to the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, 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 predominantly are outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

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 for the submission of 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. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods contained in the shopping cart by clicking the button that completes the ordering process.

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 (fax or email), with receipt of the confirmation by the Customer being decisive in this respect, or

  • by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive in this respect, or

  • by requesting payment from the Customer after the order has been placed.

If more than one of the aforementioned alternatives exists, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the day the offer was sent. If the Seller does not accept the Customer’s offer within this 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 When submitting an offer 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 text form (e.g. email, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.5 Before submitting the binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions as long as they have not clicked the button that completes the ordering process.

2.6 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at that 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 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 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 of concluding the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are, at the time of concluding the contract, located outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices which include the statutory value-added tax (VAT). Any additional delivery and shipping costs, if applicable, will be separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment methods available to the Customer are communicated in the Seller’s online shop.

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

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "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 service providers to process payments, for which special payment terms may apply. If applicable, the Customer will be separately informed of these conditions. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.  

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the execution of the transaction, the delivery address specified during the ordering process with the Seller is decisive.

5.2 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 shall not apply to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, the provisions in the Seller’s cancellation policy shall apply in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer once the Seller has handed over the goods to the carrier, the freight forwarder, 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 sold goods generally does not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, provided that the Customer has commissioned such person or institution with the execution of the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in cases where the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. 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 any consideration already paid will be reimbursed without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur:

  • the Seller has the right to choose the type of subsequent performance;

  • for new goods, the limitation period for defect claims is one year from the date of delivery of the goods;

  • for used goods, rights for defects are excluded;

  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of limitation periods do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,

  • if the Seller has fraudulently concealed the defect,

  • to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,

  • to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

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

7.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are kindly requested to report any goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual rights regarding defects. 

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:

8.1 The Seller shall be liable without limitation, regardless of the legal basis,

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body, or health,

  • based on a guarantee promise, unless otherwise stipulated,

  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 In the event that the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable, contract-typical damage, unless unlimited liability applies pursuant to the above clause. Essential contractual obligations are those duties which the contract imposes on the Seller in accordance with its content to achieve the contractual purpose, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of goods. In the case of consumers, this choice of law applies only insofar as 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.

9.2 Furthermore, this choice of law shall not apply with respect to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are, at the time of conclusion of the contract, located outside the European Union.

10) Alternative Dispute Resolution

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

 

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