Terms of service
Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Defect Liability (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "T&C") of Jasper Weixler, operating under "t9z9pp-tn.myshopify.com" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented in the Seller's online shop. 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 T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.3 An entrepreneur within the meaning of these T&C 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 self-employed professional activity.
1.4 If the Customer's delivery and billing address is in Switzerland or Liechtenstein, the following conditions apply with the proviso that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes the Customer's contractual partner instead of the Seller. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. MeinEinkauf is responsible for processing the contract in this case. The Seller handles correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any disruptions in performance, in particular when the Customer asserts claims for defects.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the 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), 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 payment from the Customer following the submission of their order.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry 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 consequence 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 carried out 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/legalhub/paypal/useragreement-full, or — if the Customer does not have a PayPal account — subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text will be 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 order has been submitted. Any further provision of the contract text by the Seller shall not take place. If the Customer has set up a user account in the Seller's online shop 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 using the relevant login details.
2.6 Before bindingly submitting an order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function may serve as an effective technical means of better identifying input errors by enlarging the display on the screen. The Customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The contract may be concluded in various languages. The specific language selection is displayed in the online shop.
2.8 Order processing and communication generally take place by 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, where spam filters are used, the Customer 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 are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No VAT is applicable, as the Seller is exempt from VAT as a small business owner. Any additional delivery and shipping costs are specified 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 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 in relation to money transfers may also arise 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 method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, 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 payment service "PayPal" is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller provides advance payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically named to the Customer by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse 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 intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery times, dispatch, returns, complaints, withdrawal declarations and submissions, or credits.
4.6 If the payment method "Sofortüberweisung" (instant bank transfer) is selected, payment processing is carried out 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 enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method is available at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out 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 Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately notified. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately notified. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.
4.9 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately notified. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.
4.10 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. A pre-notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided this is the Customer's responsibility. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check result.
4.11 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. A pre-notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided this is the Customer's responsibility.
4.12 If the "PayPal direct debit" payment method is selected, PayPal will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided this is the Customer's responsibility.
4.13 If the direct debit via Stripe payment method is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). In this case, Stripe will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided this is the Customer's responsibility. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check result.
4.14 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment processing is handled in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorises to collect payments on its behalf. PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after the Customer's order is submitted in the online shop. Even when the credit card payment method via PAYONE GmbH is selected, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery times, dispatch, returns, complaints, withdrawal declarations and submissions, or credits.
4.15 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment processing is handled in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the Seller assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer's order is submitted in the online shop. Even when the credit card payment method via secupay AG is selected, the Seller remains responsible for general customer enquiries, e.g. regarding returns, complaints, withdrawal declarations and submissions, or credits.
4.16 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out 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 result.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall 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 during the Seller's order processing shall be decisive for the transaction.
5.2 If delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the return shipping costs shall be governed by the provisions set out in the Seller's withdrawal policy.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or an authorised recipient. Notwithstanding the above, 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 handed the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named that 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 self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already paid will be reimbursed without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed has been received.
7) Defect Liability (Warranty)
Unless otherwise specified in the provisions below, the statutory provisions on defect liability shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur:
- the Seller has the right to choose the type of subsequent performance;
- the limitation period for defect claims in respect of new goods is one year from delivery of the goods;
- defect claims are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made under the defect liability.
7.2 The above limitations of liability and shortened time limits do not apply:
- to claims by the Customer for damages and reimbursement of expenses;
- in cases where the Seller has fraudulently concealed a defect;
- to goods that have been used in accordance with their customary purpose for a building structure and have caused its defectiveness;
- to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts 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 out therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent upon receipt and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual defect claims.
8) Liability
The Seller's liability to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses is as follows:
8.1 The Seller shall be liable without limitation for any legal reason in cases of:
- intent or gross negligence;
- intentional or negligent injury to life, body or health;
- a guarantee promise, unless otherwise regulated in this regard;
- mandatory liability, such as under the German Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above. Material contractual obligations are obligations which the contract imposes on the Seller in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place 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 above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.