GENERAL TERMS AND CONDITIONS
General terms and conditions with customer information
Table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of proprietary rights
7. liability for defects (warranty)
8. redemption of campaign vouchers
9. applicable law
10. place of jurisdiction
11. alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Leipziger ThomasStollen® GmbH (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.
1.2 A 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.
1.3 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 his commercial or independent professional activity.
2) Conclusion of contract
2.1 The 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.
2.2 The customer may submit the offer via the online order form integrated into the seller's online store. 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. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.
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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
· by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
· by requesting payment from the customer after the customer has placed the order.
If several of the mentioned alternatives exist, the contract shall be concluded at the point in time at which one of the mentioned 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.
2.5 When submitting an offer via the seller's online order form, the text of the contract shall 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 shall be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before 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 enlargement function of the browser, leading to the display on the screen being enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and click pad functions until he clicks the button which completes the ordering process.
2.7 Only the German language is available for conclusion of the contract.
2.8 Order processing and contacting usually take place via 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 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 third parties commissioned by the seller to process the order, can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the aeller's online store.
4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Terms of delivery and shipment
5.1 If the seller offers to ship the goods, the delivery shall 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 seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons the customer is responsible for, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
5.3 If 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. In deviation to this, 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.
5.4 The 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 case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of ownership
If the seller makes an advance performance, he shall retain ownership to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
· the seller shall have the choice of the type of subsequent 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 for defects are excluded;
· the limitation period shall not start over if a replacement delivery is made within the scope of liability for defects.
7.3 The 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 in accordance with their customary use for a building and have caused its defectiveness,
· for a possibly existing obligation of the seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it 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.
7.6 If the customer is acting as a consumer, he/she is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his/her statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity 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.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Several promotional vouchers can also be redeemed for one order.
8.5 The 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.
8.6 If the value of the promotional 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.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The 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 scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) 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 state in which the consumer has his habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller shall in any case be entitled to invoke the court at the customer's place of business.
11) Alternative dispute resolution
11.1 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 purchase or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.