General Terms and Conditions with customer information
Table of contents
- Conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of application
1.1These General Terms and Conditions of the company Pippa & Fritz GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the seller relating to all goods and/or services presented in the online shop of the seller. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise agreed.
1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.
1.4An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3The 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, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins on the day after the customer sends the offer and ends with the expiration of the fifth day, which follows the sending 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 result that the The customer is no longer bound by his declaration of intent.
2.5When submitting an offer via the seller's online order form, the text of the contract will be 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 sending his 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 his order, the order data will be stored on the data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by specifying the corresponding login data.
2.6Before the binding submission of the order via the seller's online order form, the customer can recognize 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. As part of the electronic ordering process, the customer can make his entries for as long as correct it using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7Only the German language is available for the conclusion of the contract.
2.8The order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all third parties commissioned by the seller or by the Seller to process the order have sent E-mails can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs will be specified separately in the respective product description.
4.2The payment option(s) will be communicated to the customer in the seller's online shop.
4.3If you select a payment method offered via the payment service "Shopify Payments", payment processing is carried out 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 Shopify Payments will be communicated to the customer in the seller's online shop. Stripe can use other payment services to process payments, for which payment services may be required. special terms of payment apply, to which the customer may be informed separately. More information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de retrievable.
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2If the delivery of the goods fails for reasons that the customer has to represent, the customer bears the reasonable costs arising from the seller. This does not apply with regard to the costs for the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller.
5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold to the customer, as soon as the seller has delivered the goods for the freight forwarder, the carrier or the person or otherwise intended to complete the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold basically only with the transfer of the goods to the customer or a recruitment person. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold are already transferred to the customer as soon as the seller has delivered the thing to the freight forwarder, the carrier or the person or otherwise intended for the execution of the shipment, if the Customer the freight forwarder, the carrier or the otherwise responsible for the execution of the dispatched person or institution with the execution commissioned and the seller has not named this person or institution before the customer.
5.4The seller reserves the right to withdraw from the contract in the event of non-correct or unimaginative self-delivery. This applies only in the event that non-delivery is not to be represented by the seller and this has completed a concrete coverage business with the supplier with the due care. The seller will make all reasonable efforts to obtain the goods. In the case of unavailability or the only partial availability of the goods, the customer will be informed immediately and the consideration immediately reimbursed.
5.5If the seller offers the goods for pickup, the customer can pick up the ordered goods within the business hours specified by the seller under the address specified by the seller. In this case, no shipping costs will be charged.
5.6Vouchers are provided to the customer as follows:
- by email
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1Unless otherwise stated from the subsequent regulations, the rules of statutory defect liability apply. Deviating from this applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
- If the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects one year from delivery of the goods;
- If used goods, the rights and claims for defects were excluded;
- Beginears the statute of limitations again, if a replacement delivery takes place under the liability for defects.
7.3The liability restrictions and deadline cuts regulated above does not apply
- for claims for damages and expenses replacement claims of the customer,
- In the event that the seller has concealed the lack of fraudulently,
- for goods that have been used in accordance with their usual use for a building and caused their defectiveness,
- For a possibly existing commitment of the seller to provide updates to digital products, for contracts for the delivery of goods with digital elements.
7.4In addition, entrepreneurs that the statutory limitation periods remain unaffected for a possibly existing statutory recourse claim.
7.5If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and notification obligation in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
7.6If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers that are issued free of charge by the seller in the context of promotions with a certain validity period 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.
8.2Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.3Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4Only one promotional voucher can be redeemed per order.
8.5The value of the goods must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6If 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.
8.7The credit balance of a promotional voucher is neither paid out in cash nor interest.
8.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redemption of gift vouchers
9.1Vouchers 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.
9.2Gift vouchers and the remaining balance of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer until the expiration date.
9.3Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent settlement is not possible.
9.4Only one gift voucher can be redeemed for each order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7The credit of a gift voucher is not disbursed in cash or interest.
9.8The gift certificate is transferable. The Seller may, with a liberating effect, make a contribution to the respective owner who redeemes the gift certificate in the seller's online shop. This shall not apply if the seller is aware of or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of representative authority of the respective owner.
10) Applicable law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. In consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
If the customer acts as a merchant, legal entity of public law or public-law special assets, based in the territory of the Federal Republic of Germany, is the exclusive place of jurisdiction for all disputes arising from this contract of the Seller's office. If the customer has its headquarters outside the territory of the Federal Republic of Germany, then the Seller's office is exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims can be attributed from the contract of the professional or commercial activity of the customer. However, the seller is in any case entitled to call the court at the customer's headquarters.
12) Code of Conduct
- The seller has undertaken the Trusted Shops quality criteria that are available on the Internet http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are available.
13) Alternative dispute resolution
13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.