Conditions

General terms and conditions with customer information (GTC)

Table of Contents

  1. scope
  2. conclusion of contract
  3. right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting of usage rights for digital content
  7. Contract duration and contract termination for subscription contracts
  8. retention of title
  9. Liability for defects (warranty)
  10. Redeeming promotional vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Philip Faderl (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the implementation of these events. The legal provisions in the relationship between the participant and the organizer as well as any deviating conditions of the organizer apply exclusively to the implementation of the events. If the seller is not also the organizer at the same time, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.

1.5 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.6 Entrepreneur within the meaning of these terms and conditions 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.

1.7 Depending on the seller's product description, the subject of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.

1.8 Depending on the seller's description of the content, the subject of the contract can be both the one-off provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). With the subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract period at the contractually agreed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent 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 in the seller's online shop. 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 with regard to the goods contained 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 receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useagreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before submitting the 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

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

2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails 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 to process the order can be delivered.

3) Right of Withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.

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

3.3 Unless otherwise agreed, there is no right of cancellation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of cancellation is also excluded for contracts that deal with the sale of tickets for scheduled leisure events.

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 because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select a payment method offered via the "Stripe" payment service, the payment will be processed by 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 Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at https://stripe.com/en available.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified 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 for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Pickup is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

  • via download
  • by email

5.7 Tickets are provided to the customer as follows:

  • via download
  • by email

5.8 Digital Content is provided to Customer as follows:

  • via download
  • by email

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content exclusively for private purposes.

6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.

7) Contract duration and contract termination for subscription contracts

7.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at the end of each month.

7.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.

7.3 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation device (cancellation button) provided by the seller on his website.

8) Retention of title

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

9) Liability for Defects (Warranty)

9.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

9.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • in the case of used goods, the rights and claims due to defects are excluded;
  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

9.3 The limitations of liability and shortening of deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for 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.

9.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

9.5 If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

9.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.9 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redeeming Gift Certificates

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.

11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Multiple gift vouchers can be redeemed with one order.

11.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

11.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase 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 his habitual residence.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/ or

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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

de_DEDeutsch

This is the way to the Forró world!