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Conditions of Use
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of revocation
6. retention of title
7. liability for defects
8. redemption of gift vouchers
9. redemption of campaign vouchers
10. applicable law
11. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Jürgen Andrusch" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly regulated.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer's offer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- requesting payment from the customer after the order has been placed
or
- Delivery of the ordered goods
Decisive for the time of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.
2.4 If the payment method "PayPal" or "Paypal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). In this case, the Paypal usage agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares the acceptance of the offer of the customer at the time of issuing the payment order, in deviation from the above provisions.
2.5 The contract text of the respective contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3 Prices and terms of payment
3.1 The displayed prices are final prices, unless otherwise agreed.
If the goods are subject to differential taxation according to § 25a UStG, the sales tax is not shown.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 Paypal Checkout
If you pay via PayPal Checkout, the payment is processed via PayPal payment service provider PayPal (Europe) S.à r.l.et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal can also use the services of third party payment providers, which you can select, if offered.
If payment methods are offered on this website for which the seller makes an advance payment (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third party provider first performs a credit check before accepting the assignment offer of the seller. The selected payment method may be refused if the credit check gives a negative result.
After approval of the selected payment method, a payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.7 When paying via "PayPal Installment Payment", the customer concludes an installment contract with PayPal. If PayPal allows the payment via "PayPal Installment Payment", the customer has to pay the invoice amount to PayPal according to the conditions defined by PayPal, which are communicated to him in the payment portal of PayPal.
The terms of use of Paypal apply, which can be found here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.8 In the case of payment on account via "PayPal invoice", the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable within 30 days from receipt of the invoice to PayPal, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to PayPal, therefore can only be paid to PayPal with debt-discharging effect.
The remaining contractual relationship and rights and obligations to the seller and the seller remain unaffected by this method of payment.
In all other respects, the General Terms of Use for the use of PayPal's purchase on account shall apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.9 The Seller additionally offers the Customer the possibility to finance the purchase price for certain specifically designated items via the Seller's partner bank. The following conditions must be met for this:
- The gross value of the goods of the order is at least 99,-EUR.
- The customer has a current account with a German bank or savings bank.
4. delivery and shipping conditions
4.1 The delivery of goods by shipping shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller's registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs are incurred.
4.4 Vouchers are given to the customer in the following form:
*by e-mail
*by download
*postal
5 Right of revocation
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The right of withdrawal is governed by the seller's cancellation policy.
5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.
6. retention of title
If the seller makes advance performance, the goods remain the property of the seller until full payment of the purchase price.
7 Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller thereof. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.
8. redemption of gift vouchers
8.1 Gift certificates that have been purchased through the Seller's online store ("Gift Certificates") can also only be redeemed in the Seller's online store.
8.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the purchase of the Gift Voucher. Any remaining balances will be credited to the customer's gift certificate account until the expiration date.
8.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
8.4 Several gift vouchers can be redeemed within one order.
8.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for by Gift Voucher.
8.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7 Credit balances on gift vouchers are not paid out and do not bear interest.
8.8 Gift vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
9 Redemption of promotional vouchers
9.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online store and only during the period specified by the Seller.
9.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotion voucher.
9.3 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
9.4 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
9.5 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 The credit balance of a promotional voucher shall neither be paid out nor shall interest be paid on it.
9.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
10 Applicable law
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
10.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of revocation
6. retention of title
7. liability for defects
8. redemption of gift vouchers
9. redemption of campaign vouchers
10. applicable law
11. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Jürgen Andrusch" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly regulated.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer's offer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- requesting payment from the customer after the order has been placed
or
- Delivery of the ordered goods
Decisive for the time of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.
2.4 If the payment method "PayPal" or "Paypal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). In this case, the Paypal usage agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares the acceptance of the offer of the customer at the time of issuing the payment order, in deviation from the above provisions.
2.5 The contract text of the respective contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3 Prices and terms of payment
3.1 The displayed prices are final prices, unless otherwise agreed.
If the goods are subject to differential taxation according to § 25a UStG, the sales tax is not shown.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 Paypal Checkout
If you pay via PayPal Checkout, the payment is processed via PayPal payment service provider PayPal (Europe) S.à r.l.et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal can also use the services of third party payment providers, which you can select, if offered.
If payment methods are offered on this website for which the seller makes an advance payment (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third party provider first performs a credit check before accepting the assignment offer of the seller. The selected payment method may be refused if the credit check gives a negative result.
After approval of the selected payment method, a payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.7 When paying via "PayPal Installment Payment", the customer concludes an installment contract with PayPal. If PayPal allows the payment via "PayPal Installment Payment", the customer has to pay the invoice amount to PayPal according to the conditions defined by PayPal, which are communicated to him in the payment portal of PayPal.
The terms of use of Paypal apply, which can be found here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.8 In the case of payment on account via "PayPal invoice", the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable within 30 days from receipt of the invoice to PayPal, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to PayPal, therefore can only be paid to PayPal with debt-discharging effect.
The remaining contractual relationship and rights and obligations to the seller and the seller remain unaffected by this method of payment.
In all other respects, the General Terms of Use for the use of PayPal's purchase on account shall apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.9 The Seller additionally offers the Customer the possibility to finance the purchase price for certain specifically designated items via the Seller's partner bank. The following conditions must be met for this:
- The gross value of the goods of the order is at least 99,-EUR.
- The customer has a current account with a German bank or savings bank.
4. delivery and shipping conditions
4.1 The delivery of goods by shipping shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller's registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs are incurred.
4.4 Vouchers are given to the customer in the following form:
*by e-mail
*by download
*postal
5 Right of revocation
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The right of withdrawal is governed by the seller's cancellation policy.
5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.
6. retention of title
If the seller makes advance performance, the goods remain the property of the seller until full payment of the purchase price.
7 Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller thereof. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.
8. redemption of gift vouchers
8.1 Gift certificates that have been purchased through the Seller's online store ("Gift Certificates") can also only be redeemed in the Seller's online store.
8.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the purchase of the Gift Voucher. Any remaining balances will be credited to the customer's gift certificate account until the expiration date.
8.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
8.4 Several gift vouchers can be redeemed within one order.
8.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for by Gift Voucher.
8.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7 Credit balances on gift vouchers are not paid out and do not bear interest.
8.8 Gift vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
9 Redemption of promotional vouchers
9.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online store and only during the period specified by the Seller.
9.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotion voucher.
9.3 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
9.4 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
9.5 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 The credit balance of a promotional voucher shall neither be paid out nor shall interest be paid on it.
9.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
10 Applicable law
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
10.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.