terms and conditions

General Terms and Conditions with Customer Information

TABLE OF CONTENTS

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (guarantee)
  8. Redemption of promotional vouchers
  9. Redemption of gift vouchers
  10. Applicable law
  11. Alternative dispute resolution

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Arndt & Mendes GbR (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. A businessperson in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the course of its commercial or independent professional activity when concluding a legal transaction.

2) CONTRACT CONCLUSION

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 to enable the customer to submit a binding offer.

2.2 The customer can 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 going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The 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 customer's receipt of the order confirmation is decisive, or
  • by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 sending 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 his declaration of intent.

2.4 If the “PayPal Express” payment method is selected, the payment will be processed 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 use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When an offer is submitted 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 customer has sent his order. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login data.

2.7 Before placing a 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 for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.8 The German language is exclusively available for the conclusion of the contract.

2.9 As a rule, order processing and contact with the customer take place by email and automated order processing. The customer must ensure that the email address provided for the order process is correct so that the emails 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 REVOCATION

3.1 Consumers are generally entitled to a right of revocation.

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

4) PRICES AND TERMS OF PAYMENT

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise 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 money transfers 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 relation to the transfer of funds if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment options available to the customer will be indicated in the seller's online shop.

4.4 If advance payment 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.

4.5 If payment is made by means of a payment method offered by PayPal, the payment will be processed 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 Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the “IMMEDIATELY” payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATELY”). In order to pay the invoice amount via “SOFORT”, the customer must have an online banking account that is activated for participation in “SOFORT”, must identify themselves accordingly during the payment process and must 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 “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.7 If the customer selects the credit card via Stripe payment method, 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, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) DELIVERY AND SHIPPING TERMS

5.1 The delivery of goods takes place via the shipping route 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 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 the initial shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the regulation made in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

- by email

6) RETENTION OF TITLE

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

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his 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 a promotion with a specific validity period and that 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.

8.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

8.3 Promotional vouchers can only be redeemed before the order process is completed. It is not possible to offset the voucher amount against the order amount.

8.4 Multiple promotional vouchers can be redeemed for a single 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 insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid on it.

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 transferable. The seller can provide the respective owner with a redeemable effect when the promotional voucher is redeemed in the seller's online shop. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

9) REDEMPTION OF GIFT VOUCHERS

9.1 Vouchers that can be purchased through the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit from gift vouchers can be redeemed up to the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.7 The balance of a gift voucher will not be paid out in cash and does not bear interest.

9.8 The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

10) APPLICABLE LAW

The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) ALTERNATIVE DISPUTE RESOLUTION

11.1 The European Commission provides a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr.

This platform is a point of contact for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.