Terms of Service
Terms and Conditions with customer information
Table of Contents
- scope
- Contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1) Scope
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of the Marco Krüger (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") with the seller with regard to the seller in his online Shop completed. This contradicts the involvement of own terms of the customer, unless there is something else agreed.
1.2Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2The customer can deliver the offer via the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the order process-final buttons a legally binding contract offer with respect to the goods contained in the shopping cart.
2.3The seller can 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 at the customer is decisive, or
- by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
- by prompting the customer for payment to the customer after submission of its order.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run through the day after sending 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 a preceding period, this shall apply as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4When selecting the payment method "PayPal Express", the payment processing takes place via the payment service provider PayPal (Europe) S.à r.L. ET CIE, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ('PAYPAL'), taking advantage of PayPal Terms of Use, visible at https://www.paypal.com/de/webapps/mpp/ua / UserAgRemement-Full or - if the customer does not have a PayPal account - to be valid for payments without PayPal account, visible at https://www.paypal.com/en/webapps/mpp/ua/privacywax- FULL. If the customer selects as payment method as part of the online ordering process "PayPal Express" as payment method, he issues by clicking on the ordering process buttons at the same time also a payment order to PayPal. For this case, the seller is already declaring the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking on the order process concluding the ordering process.
2.5When 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 after sending from its order to text form (eg e-mail, fax or letter). An additional accessibility of the contract text by the seller is not.
2.6Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information shown on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer in the context of the electronic order process as long as the usual keyboard and mouse functions can be corrected until it clicks the button concluding the order process.
2.7Only the German language is available for the conclusion of the contract.
2.8The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be delivered e-mails.
2.9 Should the goods could not be delivered to the consumer by self-negligence, this is liable for the complete value of the goods. The regulation concerns consignment, for example, the assumption was denied, by which consumer has been an incorrect address or he has not picked up this after the request received. Also, the consumer has no right to a renewed free delivery of the goods.
3) Right of withdrawal
3.1Consumers are basically a right of withdrawal.
3.2Further information on the right of withdrawal arise from the revocation of the seller.
4) Prices and terms of payment
4.1Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2The payment option / en will / will be communicated to the customer in the seller's online shop.
4.3When paying by means of a payment method offered by PayPal, the payment processing takes place via the payment service provider PayPal (Europe) S.à r.L. ET CIE, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ('PAYPAL'), taking advantage of PayPal Terms of Use, visible at https://www.paypal.com/de/webapps/mpp/ua / UserAgRemement-Full or - if the customer does not have a PayPal account - to be valid for payments without PayPal account, visible at https://www.paypal.com/en/webapps/mpp/ua/privacywax- FULL.
4.4When selecting the payment method "Instant", the payment processing takes place via the payment service provider immediately GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to pay the invoice amount via "immediately", the customer must have a online banking account free to participate in "immediately", legitimize according to the payment process accordingly and confirm the payment assignment to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. Further information on the payment method "Instant" can retrieve the customer on the Internet at https://www.klarna.com/sofort/.
4.5When selecting a payment method offered via the payment service "Shopify Payments", the payment processing takes place via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ('BACING: "Shopify") . The individual payment methods offered via shopify will be communicated to the customer in the seller's online shop. To process payments, shopify other payment services can operate, for which, if necessary, special terms of payment apply, to which the customer may be pointed separately. Further information about "Shopify Payments" can be found on the Internet at https://www.shopify.de/payments.
4.6When selecting the payment method Credit card, the invoice amount is due immediately with conclusion of the contract. The settlement of the payment method credit card payment takes place in cooperation with Secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider remedy his payment claim. Secupay AG draws the invoice amount from the customer specified credit card account. In the case of the assignment can only be made to Secupay AG with debt-exalted effect. The charge of the credit card takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries for general customer inquiries, e.g. to the commodity, delivery time, shipment, returns, complaints, revocation and mailing or credits.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the shipping point to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive.
5.2If the transport company sends the shipped goods to the seller, as a delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not to represent the circumstance, which led to the impossibility of delivery, or if he was temporarily prevented at the acceptance of the services offered, unless the seller announced the performance a reasonable time before had. Furthermore, this does not apply with regard to the costs for the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller.
5.3Pickup is not possible for logistical reasons.
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1If the purchased matter is defective, the rules of legal defects apply.
7.2The customer is asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Applicable law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. In consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
9) Alternative dispute resolution
9.1The 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 contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.