Terms of service

Table of Contents

• Scope of Application
• Conclusion of the Contract
• Right of Withdrawal
• Prices and Payment Terms
• Delivery and Shipping Terms
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Redemption of Promotional Vouchers
• Redemption of Gift Vouchers
• Applicable Law
• Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Jasper Weixler, trading as "autoblendcup.com" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.5 If the Customer has their delivery and billing address 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 merely 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. In this case, MeinEinkauf is responsible for the performance of the contract. In this case, the Seller handles the correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any performance disruptions, in particular when the Customer asserts rights in respect of defects.

2) Conclusion of the 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 rather 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 shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes 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 receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting the Customer to make payment after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. 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 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via 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 Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before the binding submission of the 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address they provide 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 by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. No value added tax (VAT) is charged, as the Seller is exempt from VAT under the small-business regulation (Kleinunternehmer). Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money 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 payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the 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 is processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes an advance payment to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, 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 check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of an assignment of the claim, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If the payment method "Sofortüberweisung" (Sofort Banking) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. The Customer can find further information about the "Sofortüberweisung" payment method on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment is 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 Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services for which special payment conditions may apply, of which the Customer may be informed separately. Further information about "Shopify Payments" is available on the internet 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 is processed 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. To process payments, Apple may make use of further payment services for which special payment conditions may apply, of which the Customer may be informed separately. Further information about Apple Pay is available on the internet at https://www.apple.com/de/apple-pay/.

4.9 If a payment method offered via the payment service "Google Pay" is selected, payment is processed 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. To process payments, Google may make use of further payment services for which special payment conditions may apply, of which the Customer may be informed separately. Further information about Google Pay is available on the internet at https://pay.google.com/intl/de_de/about/.

4.10 If a payment method offered via the payment service "Mollie" is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie are communicated to the Customer in the Seller's online shop. To process payments, Mollie may make use of further payment services for which special payment conditions may apply, of which the Customer may be informed separately. Further information about "Mollie" is available on the internet at https://www.mollie.com/de/.

4.11 If a payment method offered via the payment service "Stripe" is selected, payment is processed 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 Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services for which special payment conditions may apply, of which the Customer may be informed separately. Further information about Stripe is available on the internet at https://stripe.com/de.

4.12 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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 carry out a credit check when the SEPA direct debit payment method is selected and to refuse this payment method in the event of a negative credit check.

4.13 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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.

4.14 If the payment methods "Direct debit via ipayment" or "Credit card via ipayment" are selected, payment is processed via the ipayment payment system of 1&1 Internet AG, which forwards the Customer's payment request to the respective payment provider. The general terms and conditions of the respective payment provider apply to the payment processing, which the Customer can take note of and must accept during the electronic payment process. The payment methods "Direct debit via ipayment" or "Credit card via ipayment" are subject to the condition that the respective payment provider accepts the Customer's payment request.

4.15 If the bank collection (direct debit) payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The bank collection (direct debit) payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If the Customer is permitted to use bank collection (direct debit) after the credit check, the payment is processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"), to which the Seller assigns its payment claim. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the Customer's specified account. In the case of assignment, payment can only be made to net-m privatbank 1891 AG with debt-discharging effect. The bank collection takes place when the ordered goods leave the Seller's warehouse. Even when the bank collection (direct debit) payment method via Masterpayment is selected, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.16 If the direct debit payment method via Novalnet is selected, payment is processed by Novalnet AG (hereinafter "Novalnet") on behalf of the Seller. In this case, payment is made by collection from the Customer's bank account, provided that the Customer has previously issued the Seller a SEPA mandate. The debiting of the purchase price from the Customer's bank account is carried out by Novalnet one bank working day after the order is completed. The deadline for the pre-notification is shortened to one day. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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.

4.17 If the SEPA direct debit payment method is selected, payment is processed via the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg, or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. The invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer that announces a debit by SEPA direct debit. If the Customer acts as a consumer, the deadline for the pre-notification is shortened to five days for first direct debits and to two days for subsequent direct debits. If the Customer acts as an entrepreneur, the deadline for the pre-notification is shortened to one day for both first direct debits and subsequent direct debits. The deadline for the pre-notification begins on the following day in each case and ends, for consumers, on the fifth day in the case of first direct debits, on the second day in the case of subsequent direct debits, and, for entrepreneurs, on the day following the pre-notification. If the last day of the deadline falls on a Saturday, a Sunday, or a public holiday officially recognized at the Customer's place of residence, the next working day takes the place of such a day. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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.

4.18 If the direct debit payment method is selected, payment is processed via PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim in its name. PAYONE GmbH collects the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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. Even when the bank collection (direct debit) payment method via PAYONE GmbH is selected, the provider remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.19 If the "PayPal Direct Debit" payment method is selected, PayPal collects 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 expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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.

4.20 If the "Direct debit via Ratepay" payment method is selected, payment is processed via Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"). The Customer issues Ratepay a SEPA direct debit mandate and instructs their credit institution to honor due direct debits. The Customer must ensure sufficient funds in their current account. If the current account does not have the required funds, the account-holding credit institution is under no obligation to honor the debit. Ratepay reserves the right to carry out a credit check. If the Customer is permitted to pay by direct debit, the payment is processed via Ratepay, to which the Seller assigns its payment claim. The Customer can only make payment to Ratepay with debt-discharging effect. The Seller nevertheless remains responsible for general Customer inquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes). In all other respects, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

4.21 If the bank collection (direct debit) payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The bank collection (direct debit) payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the Customer is permitted to use bank collection (direct debit) after the credit check, the payment is processed in cooperation with secupay AG, to which the provider assigns its payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the Customer's specified account. In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. The bank collection takes place immediately after the Customer's order is sent in the online shop. Even when the bank collection (direct debit) payment method via secupay AG is selected, the provider remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.22 If the direct debit via Stripe payment method is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects 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 expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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 carry out a credit check when the SEPA direct debit payment method is selected and to refuse this payment method in the event of a negative credit check.

4.23 If the direct debit via Unzer payment method is selected, payment is processed by Unzer Luxembourg S.A., 18-20 Rue Gabriel Lippmann, 5365 Munsbach, Luxembourg (hereinafter "Unzer"), to which the Seller assigns its payment claim. Before accepting the Seller's declaration of assignment, Unzer carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the direct debit via Unzer payment method in the event of a negative check result. If the direct debit via Unzer payment method is permitted by Unzer, Unzer collects the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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 direct debit via Unzer payment method is excluded:

• if the order value is less than €10.00,
• if the delivery address provided by the Customer is not identical to the billing address, in particular if a packing station or a post office box is given as the delivery address, or
• if the Customer has not yet reached the age of 18.

The Seller also reserves the right to offer the direct debit via Unzer payment method only up to a certain order volume and to refuse 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 its payment information in the online shop.

4.24 If the "Riverty Direct Debit" payment method is selected, payment is processed via Riverty GmbH, Gütersloher Str. 123, 33415 Verl, Germany (hereinafter "Riverty"), to which the Seller assigns its payment claim. "Riverty Direct Debit" is available exclusively to Customers who have reached the age of 18. Before accepting the Seller's declaration of assignment, Riverty carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the "Riverty Direct Debit" payment method in the event of a negative check result. If the "Riverty Direct Debit" payment method is permitted by Riverty, Riverty collects the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not 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. In addition, the General Terms and Conditions for Riverty Direct Debit apply, which can be accessed here: https://documents.riverty.com/terms_conditions/payment_methods/direct_debit/de_de/%7BreplaceWithMerchantId%7D

4.25 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim in its name. 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 sent in the online shop. Even when the credit card payment method via PAYONE GmbH is selected, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.26 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the case 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 sent in the online shop. Even when the credit card payment method via secupay AG is selected, the provider remains responsible for general Customer inquiries, e.g. regarding returns, complaints, declarations of withdrawal and returns, or credit notes.

4.27 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via 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 refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1 If the Seller offers the shipping of the goods, delivery is 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 the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, in the event of the effective exercise of the right of withdrawal by the Customer, the provision made in this respect in the Seller's cancellation policy applies.

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 delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 only passes upon handover of the goods to the Customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry 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 supply from its own suppliers. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by e-mail

6) Retention of Title

If the Seller makes an advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for rights in respect of defects is one year from delivery of the goods;
• for used goods, rights in respect of defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of the liability for defects.

7.2 The limitations of liability and shortening of time periods regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a structure in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller that may exist to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect the goods and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims in respect of defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise stipulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the type of contract, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment 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) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller within the scope of promotional campaigns with a certain 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 within the specified period.

9.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher relates to a specific value and not to a percentage price reduction, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit is not refunded by the Seller.

9.6 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 chosen to settle the difference.

9.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, the lack of legal capacity, or the lack of authority to represent of the respective holder.

10) Redemption of Gift Vouchers

10.1 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 otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit is credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.5 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.

10.6 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.7 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, the lack of legal capacity, or the lack of authority to represent of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

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