Terms of service
General terms and conditions with customer information
2. Conclusion of contract
3. Right of withdrawal
4th Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Redemption of campaign vouchers
10. Applicable Law
11. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter"GTC") of Ulli Dorau (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 Complete the goods displayed in the online shopThe inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activityAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the 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 submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods 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 email), whereby the customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the 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 aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs firstThe period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offerIf the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment method"Amazon Payments"is selected, payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John FKennedy, L-1855 Luxembourg (hereinafter:“Amazon”), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering processIn this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g.B.E-mail, fax or letter)Any further provision of the contract text by the seller does not take placeIf the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before the binding submission of the order via the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlargedThe 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 concludes the ordering process.
2.8 German and English are available for the conclusion of the contract.
2.9 Order processing and contact are usually made by email and automated order processingThe customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total pricesSales tax is not shown because the seller is a small business owner within the meaning of the UStGAny additional delivery and shipping costs that may be incurred 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 customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs can also arise in relation to the transfer of funds 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 you choose one of the payment methods offered by the"Shopify Payments"payment service, 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 Shopify Payments are communicated to the customer in the seller's online shopTo process payments, Stripe can use other payment servicesspecial terms of payment apply to which the customer may applyis pointed out separatelyFurther information on"Shopify Payments"is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address given in the seller's order processing is decisiveNotwithstanding this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the sellerThis does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawalFor the return costs, if the customer exercises his right of cancellation effectively, the provisions made in the seller's cancellation policy apply.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of thisIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has to the seller all content such as texts, images or graphics in the file formats, formatting, image specified by the seller - and file sizes available and to grant him the necessary usage rightsThe customer is solely responsible for the procurement and acquisition of rights to this contentThe customer declares and assumes responsibility that he has the right to use the content provided to the sellerIn particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer exempts the seller from claims by third parties that they can assert against the seller in connection with a violation of their rights through the contractual use of the customer's contentThe customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amountThis does not apply if the customer is not responsible for the infringementIn the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against moralityThis applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering young people and/or glorifies violence.
9) Redemption of campaign vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions 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 can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.3 Promotion vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
9.4 Several campaign vouchers can be redeemed for one order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucherAny remaining credit will not be refunded by the seller.
9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The campaign voucher is only intended for use by the person named on itA transfer of the campaign voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Applicable Law
10.1 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 goodsIn the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
11) Alternative dispute resolution11.1 The EU Commission provides a platform for online dispute resolution under the following link:https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.