General Terms and Conditions with Customer Information
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)
- Special conditions for the processing of goods according to specific customer requirements
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Code of conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Florian Gansmeier (hereinafter "Seller") apply to all contracts for the supply of goods which a consumer or trader (hereinafter "Customer") concludes with the Seller in respect of the goods presented 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 These GTC apply analogously to contracts for the supply of vouchers, unless otherwise expressly provided.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4 A trader 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 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 to enable 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. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer may submit the offer to the Seller by email or via an online contact form.
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), 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 they have placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When selecting the payment method "Amazon Payments", the payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxemburg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de
2.6 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 sent to the Customer in text form (e.g. email, fax or letter) after the order is sent. The Seller does not make the contract text available beyond this.
2.7 Before submitting the binding 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 of better identifying 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 their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 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 correct, so that emails sent by the Seller can be received at this 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 with 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 instructions on withdrawal.
3.3 The Customer's right of withdrawal does not apply to sponsorships, as this item is a digital item. These items are generally excluded from withdrawal.
3.4 The right of withdrawal expires as soon as the Customer has created the tracking certificate and the personalised tracking has thereby been activated.
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 are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to 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 be incurred in respect of the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 When selecting the payment method "SOFORT", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that is enabled for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the Customer's bank account is debited. The Customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com
4.6 When selecting a payment method offered via the payment service "Shopify Payments", the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com
4.7 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.
4.8 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
4.9 When selecting a payment method offered via the payment service "Klarna", the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Schweden (hereinafter "Klarna"). Further information and Klarna's conditions can be found in the Seller's payment information, which is available at the following internet address:
https://ginstars.myshopify.com
5) Delivery and shipping conditions
5.1 If the Seller offers the dispatch 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. When processing the transaction, the delivery address provided in the Seller's order processing is decisive.
5.2 If 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 of dispatch if the Customer effectively exercises their right of withdrawal. With regard to the return costs in the event of an effective exercise of the right of withdrawal by the Customer, the provision in the Seller's instructions on withdrawal applies.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed over the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the Seller has 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 applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with the necessary care. 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 without delay and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, they retain title 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 statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:
7.2 If the Customer acts as a trader,
- 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;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the framework of liability for defects.
7.3 The above limitations of liability and shortened periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.
7.4 In addition, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), 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 there, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer requirements
8.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting and image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are infringed by this, in particular copyright, trademark and personal rights.
8.2 The Customer indemnifies the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer also assumes the necessary costs of legal defence including all court and lawyer's fees in the statutory amount. This does not apply if the infringement is not the responsibility of the Customer. The Customer is obliged to provide the Seller with all information required for the examination of the claims and a defence in the event of a claim by third parties without delay, truthfully and completely.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.
9.4 Several promotional vouchers can also be redeemed for one order.
9.5 The value of the goods must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the framework of their statutory right of withdrawal.
9.9 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 substantive entitlement of the respective voucher holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and any remaining credit balances of gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining credit balances are credited to the Customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.
10.4 Several gift vouchers can also be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.
11) 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 sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Code of conduct
- The Seller has subjected themselves to the Trusted Shops quality criteria, which can be viewed on the internet at http://www.trustedshops.com
13) Alternative dispute resolution
13.1 The European Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court resolution of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.