General Terms and Conditions
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Terms and Conditions with Customer Information
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Table of Contents
––––––––––––––––––
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Terms for the Processing of Goods According to Specific Customer Specifications
10. Redemption of Promotional Coupons
11. Governing Law
12. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Ivonne Wagner (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, 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 neither commercial nor related to their independent professional activity.
1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of the 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 are intended 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 store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes 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), in which case receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed an order.
If more than one of the above alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission 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 result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not
has a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during 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 ordering via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer submits their order. The Seller will not make the contract text available in any other way. If the customer has created a user account in the Seller’s online store prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login credentials.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails 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 generally have 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 Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even 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 options are communicated to the customer in the seller’s online store.
4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal The payment service provider conducts a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.6 If the “Sofortüberweisung” payment method is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “Sofortüberweisung,” the customer must have an online banking account activated for participation in “Sofortüberweisung,” authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more information about the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are communicated to the customer in the seller’s online store. To process payments, Apple may use additional payment services, which may be subject to special payment terms and conditions that the customer may be notified of separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.
4.8 If a payment method offered via the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:
https://www.fine-collectors-minerals.com/zahlungsmöglichkeiten
4.9 If a payment method offered through the “Wix Payments” payment service is selected, payment processing is handled by the payment service provider Wix HQ, 6350671, 40 Nemal Tel Aviv St, Tel Aviv-Yafo, Israel (hereinafter “Wix”). The specific payment methods offered via Wix are communicated to the customer in the seller’s online store. To process payments, Wix may use additional payment services, which may be subject to special payment terms and conditions, to which the customer may be separately notified. Further information about Wix Payments is available online at https://de.wix.com/payments.
5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction.
5.2 If 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 to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the return shipping costs.
5.3 If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes 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 entity designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and the payment will be refunded without delay.
5.5 Pickup by the Customer is not possible for logistical reasons.
6) Retention of Title
If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1 If the customer is acting as a business entity,
- the seller may choose the method of subsequent performance;
- for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortened limitation periods set forth above do not apply
- to the Customer’s claims for damages and reimbursement of expenses,
- in the event that the Seller fraudulently concealed the defect,
- to goods that were used in accordance with their normal purpose in a structure and caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
7.5 If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal basis
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- based on a warranty promise, unless otherwise specified in this regard,
- based on mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
8.3 In all other respects, the Seller’s liability is excluded.
8.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.
9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
9.1 If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to specific customer specifications, the Customer must provide the Seller with all content necessary for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.
9.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Redemption of Promotional Coupons
10.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Coupons”), may only be redeemed in the Seller’s online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher may be redeemed per order.
10.5 If the promotional voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or is grossly negligent in not knowing of the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
11) Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
12) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Copyright Notice: These Terms and Conditions were drafted by the specialist attorneys at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)