General Terms and Conditions with Customer Information

 

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Code of Conduct
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Jens Wipprich, acting under "L&W Jens Wipprich" (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 regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own 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 predominantly cannot be attributed to their commercial or independent professional activity. 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 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 submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, email, or postal mail.

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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the dispatch of the The offer by the customer runs 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 the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4

When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the application of the PayPal terms of use, available at www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller already declares acceptance of the customer's offer at the moment the customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller's online shop before sending 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 data.

2.6 Before submitting the order bindingly 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 recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. 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.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they provide 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 those commissioned by the seller for order processing Emails sent by third parties can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that must 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 and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer 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 payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer is agreed, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5

When selecting a payment method offered via the payment service "Shopify Payments," the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services for processing payments, for which special payment conditions may apply, and the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at www.shopify.com/legal/terms-payments-de .

4.6 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 must be paid within 14 (fourteen) 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 reject 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 his payment information in the online shop.

4.7 When selecting the payment method direct debit via Stripe, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if they are responsible for this. The seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.

4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is "free curbside," meaning up to the nearest public curbside to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller makes an advance payment, they retain ownership of the delivered goods.

7) Liability for Defects (Warranty)

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

7.2 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the deliverer and inform the seller. If the customer does not comply with this request, it has no effect on their 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, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Code of Conduct

• The seller has submitted to the terms of participation for the eCommerce initiative "Fairness in Trade," which can be viewed on the Internet at www.fairness-im-handel.de/teilnahmebedingungen/ .
• The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .

10) Alternative Dispute Resolution

10.1

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr

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

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