Terms of service
This is a simple translation from our German Terms and Conditions. The German text shall be legally binding. All contracts are subject to German law. The actuality and liability of the into English translated texts is not guaranteed.
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Prices and payment conditions
4. Delivery and shipping conditions
5. Granting of usage rights for digital content
6. Right of withdrawal
7. Retention of title
8. Liability for defects
9. Liability
10. Redemption of gift vouchers
11. Redemption of promotional vouchers
12. Applicable law
13. Place of jurisdiction
14. Information on online dispute resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Fabian-Bernd Herkelmann", trading under "Fabian-Bernd Herkelmann eK" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer's own conditions is contradicted unless otherwise agreed.
1.2. These terms and conditions apply accordingly to contracts for the delivery of digital content, unless and to the extent that nothing else is expressly provided for.
1.3. Digital content within the meaning of these terms and conditions means all data that is not on a physical data carrier, that has been produced in digital form and that is provided by the seller in accordance with these terms and conditions.
1.4. These terms and conditions apply accordingly to the purchase of vouchers, unless and to the extent that nothing else is expressly provided for.
1.5. A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity.
1.6. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming these order and contract data by clicking on the button that completes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- requesting payment to the customer after placing the order
or
- delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 represents the rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the payment method "PayPal" or "Paypal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal user agreement applies here, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for their purchase or if the customer pays using one of the PayPal payment methods, they submit their offer by clicking on the button that completes the order process. If the customer also issues the payment order to PayPal by clicking this button at the same time, the seller declares, in deviation from the above regulations, that they accept the customer's offer at the time the payment order is issued.
2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After the order has been completed, the contract text is available to the customer free of charge via their customer login, provided they have opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, the customer has buttons for correction, where available, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and payment terms
3.1. The prices displayed are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities or to credit institutions responsible there.
The customer is advised to ask the relevant institutions or authorities for details before ordering.
3.3. The customer can select the payment methods available in the online shop.
3.4. When paying via "PayPal", payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply here. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. PayPal Checkout
If you pay via PayPal Checkout, payment processing is carried out by PayPal payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal can also use the services of third-party payment providers, which you can select if offered.
If payment methods are also offered on this website where the seller makes advance payments (such as purchase on account or installment payments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider first carries out a credit check before accepting the seller's assignment offer. The selected payment method can be refused if the credit check produces a negative result.
After approval of the selected payment method, payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.6. When paying via "PayPal direct debit", PayPal will collect the amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued and after the deadline for advance information has expired. Advance information is the seller's notification to the customer that their account will be debited by SEPA direct debit and can be in the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or due to incorrect bank details being provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.
3.7. When paying by "PayPal installment payment", the customer concludes an installment payment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal under the conditions set by PayPal, which are communicated to him in the PayPal payment portal.
The PayPal terms of use apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
4. Delivery and shipping conditions
4.1. The delivery of goods by shipping takes place to the delivery address provided by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer with PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect recipient or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, unless the seller had given him adequate advance notice of the service. Excluded from this regulation are the costs of delivery if the customer has effectively exercised his right of withdrawal. In this case, the statutory regulation or the regulation made by the seller applies.
4.3. If self-collection has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or from an agreed location after consultation with the seller. In this case, no shipping costs will be incurred.
4.4. Digital content will be provided to the customer exclusively in the following electronic form:
-
by email
-
via download
4.5. Vouchers are provided to the customer in the following form:
- by email
-
via download
-
by post
5. Granting of rights of use for digital content
5.1. Unless otherwise stated in the seller's information in the online shop, the seller grants the customer the non-exclusive, temporally and geographically unlimited right to use the content provided for private purposes only.
5.2. Any passing on of the content provided to third parties or the creation of copies for third parties outside the scope of these terms and conditions is prohibited. This does not apply if the seller has agreed to a transfer of the license provided to a third party or a third party.
5.3. According to Section 158 Paragraph 1 of the German Civil Code (BGB), the granting of rights only becomes effective after the customer has paid the full fee. The seller can also provisionally permit the use of the content provided before this point in time. However, such provisional permission does not result in a transfer of rights and can be revoked at any time.
6. Right of withdrawal
6.1. If the customer is a consumer, he or she is generally entitled to a right of withdrawal.
6.2. The seller's cancellation policy applies to the right of cancellation.
6.3. Consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of cancellation.
7. Retention of title
If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.
8. Liability for defects
8.1. With regard to the warranty, the provisions of statutory liability for defects apply unless otherwise agreed.
8.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so will have no effect on the customer's statutory or contractual claims for defects.
9. Liability
The seller's liability for all contractual, quasi-contractual and statutory, as well as tort claims for damages and reimbursement of expenses is determined as follows:
9.1. The seller is only liable without limitation for damages that are the result of intentional or grossly negligent behavior.
In the event of injury to life, body or health and the violation of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence.
An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
As set out above, the seller is also liable on the basis of a guarantee promise, unless otherwise provided for in this regard.
This also applies to indirect consequential damages such as, in particular, lost profits and to mandatory liability such as under the Product Liability Act.
9.2. Except in the case of intentional or grossly negligent conduct or damages resulting from injury to life, body or health and the violation of essential contractual obligations (cardinal obligations), liability is limited to the damages typically foreseeable at the time of conclusion of the contract and, in all other respects, to the average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, lost profits.
9.3. In all other respects, the seller's liability is excluded.
9.4. The above liability regulations also apply mutatis mutandis to the benefit of the seller's employees and vicarious agents.
10. Redemption of gift vouchers
10.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
10.2. Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining balance will be credited to the customer's voucher account until the expiry date.
10.3. Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed later.
10.4. Only one gift voucher can be redeemed per order. It is not possible to redeem multiple gift vouchers in one order.
10.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
10.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
10.7. Balances on gift vouchers are not paid out and do not accrue interest.
10.8. Gift vouchers are generally transferable.
The seller can make a payment to the customer who redeems the respective gift voucher with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, incapacity or lack of authority to represent the respective holder.
11. Redemption of promotional vouchers
11.1. Vouchers that the seller issues free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only during the period specified by the seller.
11.2. Promotional vouchers can only be redeemed by consumers.
11.3. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found in the promotional voucher if applicable.
11.4. Promotional vouchers can only be redeemed before the order process is completed. They cannot be subsequently charged.
11.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
11.6. The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
11.8. The balance of a promotional voucher will not be paid out or interest will be paid.
11.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of withdrawal.
11.10. Promotional vouchers are generally transferable.
The seller can make a payment to the customer who redeems the respective gift voucher with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, incapacity or lack of authority to represent the respective holder.
12. Applicable law
12.1. The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.
12.2. This choice of law made here does not apply with regard to the statutory right of cancellation for consumers if they are not members of a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
13. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases the seller is also entitled to appeal to the court at the customer's place of business.
14. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.