Terms and Conditions
General Terms and Conditions with
Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Steven Reck,
trading as "allesinbutter" (hereinafter "Seller"), apply to all contracts for
the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with
the Seller regarding the goods displayed by the Seller in his online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction
for purposes that are predominantly neither commercial nor independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or
a legal partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5 The subject of the contract can – depending on the product description of the Seller –
be either the purchase of goods by means of a one-time delivery or the purchase of
goods by means of a permanent delivery (hereinafter "subscription contract").
In a subscription contract, the Seller undertakes to deliver the contractually
owed goods to the Customer for the duration of the agreed contract term at the contractually
owed intervals.
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2) Conclusion of 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 serve for 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.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process,
the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online
contact form, post or telephone.
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, 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 submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the
time when one of the aforementioned alternatives occurs first. The period for
accepting the offer begins on the day after the Customer sends the offer and ends with 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 considered a rejection of the offer, with the consequence that
the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to
the PayPal Terms of Use, viewable at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer
does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process,
the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer
after submission of their order in text form (e.g., e-mail, fax or letter).
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A further disclosure of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data
will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding 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 identification of input errors can be the browser's magnification function, which magnifies the display on the screen.
The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact 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 e-mails sent by the Seller can be received at this address.
In particular, the Customer must ensure, when using SPAM filters, 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 generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who are not members of the European Union at the time of concluding the contract and whose
sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description,
the stated prices are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Seller and which must be borne by the Customer.
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These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or
import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even 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 advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "SOFORT" is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").
To pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for "SOFORT",
authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited.
Further information on the payment method "SOFORT" can be found by the Customer on the internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected,
payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To
process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" is available on the Internet at
https://www.shopify.com/legal/terms-payments-de.
4.7 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.8 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
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30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.9 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.10 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
the period specified on the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.11 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
4.12 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
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corresponding payment restriction.
4.13 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced.In this case, the purchase price is to be paid within
7 (seven) days of receipt of the invoice without deduction, unless otherwise
agreed. The Seller reserves the right to offer invoice payment
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 in their payment information in the online shop of a
corresponding payment restriction.
4.14 If the invoice payment method is selected, the purchase price becomes due after the
goods have been delivered and invoiced. In this case, the purchase price is to be paid within
the period specified on the invoice without deduction, unless otherwise
agreed. The Seller reserves the right to offer invoice payment 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 in their payment information in the online shop of a
corresponding payment restriction.
4.15 If the invoice payment method via secupay is selected, the purchase price becomes due
after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction to
secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag).
The invoice payment method requires a successful credit check by
secupay S.A. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with secupay
S.A., to whom the Seller assigns its payment claim. In this
case, the customer can only pay to secupay S.A. with debt-discharging effect. The Seller remains
responsible for general customer inquiries even if the invoice payment method via secupay is selected,
e.g., regarding goods, delivery time, shipping, returns,
complaints, declarations and submissions of withdrawal or credit notes. The
Seller reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.16 If the invoice payment method via secupay is selected, the purchase price becomes due,
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after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 10 (ten) days of receipt of the invoice without deduction to
secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag).
The invoice payment method requires a successful credit check by
secupay S.A. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with secupay
S.A., to whom the Seller assigns its payment claim. In this
case, the customer can only pay to secupay S.A. with debt-discharging effect. The Seller remains
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responsible for general customer inquiries even if the invoice payment method via secupay is selected,
e.g., regarding goods, delivery time, shipping, returns,
complaints, declarations and submissions of withdrawal or credit notes. The
Seller reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.17 If the invoice payment method is selected, the purchase price becomes due after the
goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days of the invoice date without deduction to Klarna AB, Sveavägen
46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise
agreed. The invoice payment method requires a successful credit check
by Klarna AB. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with Klarna AB, to whom the Seller
assigns its payment claim. In this case, the customer can only pay to Klarna
AB with debt-discharging effect. In all other respects, the General Terms and Conditions of
Klarna AB, which the customer can access during the order process, apply. The Seller
reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.18 If the invoice payment method via Paymorrow is selected, the purchase price is
to be paid within 14 (fourteen) days of receipt of the invoice without deduction to InterCard
AG, Alstertor 9, 20095 Hamburg. The invoice payment method requires a
successful credit check by paymorrow GmbH. If the customer is
permitted to pay by invoice after a credit check, the
payment will be processed in cooperation with paymorrow GmbH, to whom the
Seller assigns its payment claim. In this case, the customer can only pay to
paymorrow GmbH with debt-discharging effect. The provider also remains
responsible for general customer inquiries even if the invoice payment method via paymorrow is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints,
declarations and submissions of withdrawal or credit notes. In all other respects, the
General Terms and Conditions of paymorrow, which the customer can access and must confirm
during the order process, apply. The Seller reserves the right to
offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.19 If the invoice payment method via PAYONE is selected, the purchase price becomes due,
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after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction to
PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Invoice payment is
only possible for customers who are 18 years of age or older. The invoice payment method
requires a successful credit check by PAYONE GmbH. If the customer is
permitted to pay by invoice after a credit check, the
payment will be processed in cooperation with PAYONE GmbH, to whom the
Seller assigns its payment claim. In this case, the customer can only pay to
PAYONE GmbH with debt-discharging effect. The Seller remains responsible for
general customer inquiries even if the invoice payment method via PAYONE is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints,
declarations and submissions of withdrawal or credit notes. In all other respects, the
General Terms and Conditions of PAYONE GmbH (https://www.payone.com/DE-
de/agb) apply. The Seller reserves the right to offer the invoice payment method only from and only
up to a certain order volume and to refuse this payment method if the specified
order volume is not met or is exceeded. In this case,
the Seller will inform the customer in their payment information in the online shop of a
corresponding payment restriction.
4.20 If the "PayPal Invoice" payment method is selected, the Seller assigns its
payment claim to PayPal. Before accepting the Seller's declaration of assignment,
PayPal conducts a credit check using the transmitted customer data. The
Seller reserves the right to refuse the "PayPal Invoice" payment method to the customer
in case of a negative check result. If the "PayPal Invoice"
payment method is approved by PayPal, the customer must pay the invoice amount
to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment due date. In this case,
they can only pay to PayPal with debt-discharging effect. However, the Seller remains
responsible for general customer inquiries even in the case of assignment of claims, e.g., regarding goods,
delivery time, shipping, returns, complaints, declarations of withdrawal and
submissions or credit notes. In addition, the General
Terms of Use for PayPal Invoice Payment apply, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.21 If the invoice payment method via Santander is selected, the purchase price becomes
due after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 30 (thirty) days of receipt of the invoice without deduction to
Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach.
Invoice payment is only possible for customers who act as consumers and are 18
years of age or older. The invoice payment method requires a successful
credit check by Santander Consumer Bank AG. Should the use of invoice payment
not be possible due to insufficient creditworthiness or for other reasons, the customer will be offered an alternative payment method.
The customer is free to conclude the contract using the alternative payment method
offered or to cancel the order process. If the customer is
permitted to pay by invoice after a credit check, the
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payment will be processed in cooperation with Santander Consumer Bank AG,
to whom the Seller assigns its payment claim. In this case,
the customer can only pay to Santander Consumer Bank AG with debt-discharging effect.
If the customer does not meet their payment obligation, or does not meet it in full,
within the payment period, they will be in default without further reminder. In
this case, the customer is obliged to compensate for the damage caused by the default.
The damage caused by default may include, in particular, costs for reminders and
costs for appropriate legal action (e.g., attorney's fees).
Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder.
The customer is allowed to prove that no damage or damage of this amount occurred.
The claims against the customer arising from the invoice purchase can
be assigned to third parties at any time, in particular to collection agencies for the
purpose of collecting outstanding amounts.
The Seller remains responsible for general customer inquiries even if the invoice payment method via Santander is selected,
e.g., regarding goods, delivery time, shipping,
returns, complaints, declarations and submissions of withdrawal or credit notes.
The Seller reserves the right to offer the invoice 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 in their payment information in the online shop of a corresponding
payment restriction.
4.22 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 claims on its behalf. PAYONE
GmbH collects the invoice amount from the customer's specified credit card account.
The credit card is charged immediately after the customer's order is sent
in the online shop. The Seller remains responsible for general customer inquiries
even if the credit card payment method via PAYONE GmbH is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal
and submissions or credit notes.
4.23 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 whom 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. The provider also remains responsible for general customer inquiries, e.g.,
regarding returns, complaints, declarations and submissions of withdrawal or
credit notes, even if the credit card payment method via secupay AG is selected.
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4.24 If the credit card payment method via Stripe is selected, the invoice amount is due immediately
upon conclusion of the contract. Payment processing is carried out by the
payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand
Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a
credit check and to refuse this payment method in the event of a negative credit check.
4.25 If the "easyCredit installment purchase" payment method is selected, payment
processing is carried out by TeamBank AG Nürnberg, Beuthener Straße 25, 90471
Nürnberg (hereinafter "TeamBank AG"), to whom the Seller assigns its payment claim.
Before accepting the Seller's declaration of assignment, TeamBank AG
conducts a credit check using the transmitted customer data. The
Seller reserves the right to refuse the "easyCredit installment purchase" payment method to the customer
in the event of a negative check result. If the "easyCredit installment
purchase" payment method is approved by TeamBank AG, the customer must pay the invoice amount
to TeamBank AG under the conditions set by the Seller, which are communicated to them in the Seller's online shop.
In this case, they can only pay to TeamBank AG with debt-discharging effect. However, the Seller remains
responsible for general customer inquiries even in the case of assignment of claims, e.g.,e.g. regarding the
goods, delivery time, shipping, returns, complaints, cancellation declarations and
returns or credits. In addition, the General Terms and Conditions for easyCredit installment purchases apply, which can be accessed online at https://www.eas
ycredit-ratenkauf.de/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, 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.
5.2 For goods delivered by freight forwarder, delivery is "free
curbside", i.e. to the public curb closest to the delivery address,
unless otherwise specified in the shipping information in the seller's online shop
and unless otherwise agreed.
5.3 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 seller as a result. This
does not apply to the costs of sending the goods if the customer effectively exercises his
right of withdrawal. For return costs, the provisions in the seller's cancellation policy
apply if the customer effectively exercises his right of withdrawal.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and
accidental deterioration of the sold goods passes to the customer as soon as the
seller has handed over the item to the carrier, the freight forwarder or any other person or institution designated for the execution of the
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shipment. If the customer acts as a consumer, the risk of accidental loss and accidental
deterioration of the sold goods generally passes only when the goods are handed over to the
customer or a person authorized to receive them. Notwithstanding this, 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 handed over the
item to the carrier, the freight forwarder or any other person or institution designated for the execution of the shipment, if the customer has commissioned the carrier, the
freight forwarder or any other person or institution designated for the execution of the shipment and the seller has not previously named this person or
institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper
self-delivery. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence.
The seller will make all reasonable efforts to procure the goods.
In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the customer can pick up the ordered
goods within the business hours specified by the seller at the address specified by the
seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
- by download
- by email
- by fax
- by post
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term apparent from the respective product description in the seller's online shop.
The subscription contract can be terminated during the minimum term with one month's notice to the end of the minimum term and after the expiration of the minimum term at any time with one month's notice.
6.2 The right to extraordinary termination for good cause remains unaffected.
Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the
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expiration of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
6.3 Cancellations must be made in writing or in text form (e.g. by e-mail).
7) Retention of title
If the seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
Unless otherwise provided in the following regulations, the provisions of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and reductions of deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller maliciously concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.
8.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller thereof.
If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
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9) Redemption of gift vouchers
9.1 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 on the voucher.
9.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 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 selected to settle the difference.
9.7 The credit balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can make payment with exonerating 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 authorization, the lack of legal capacity or the lack of power of representation of the respective holder.
10) Applicable Law
10.1 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 the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who are not members 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.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes
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arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Steven Reck,
trading as "allesinbutter" (hereinafter "Seller"), apply to all contracts for
the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with
the Seller regarding the goods displayed by the Seller in his online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction
for purposes that are predominantly neither commercial nor independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or
a legal partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5 The subject of the contract can – depending on the product description of the Seller –
be either the purchase of goods by means of a one-time delivery or the purchase of
goods by means of a permanent delivery (hereinafter "subscription contract").
In a subscription contract, the Seller undertakes to deliver the contractually
owed goods to the Customer for the duration of the agreed contract term at the contractually
owed intervals.
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2) Conclusion of 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 serve for 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.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process,
the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online
contact form, post or telephone.
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, 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 submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the
time when one of the aforementioned alternatives occurs first. The period for
accepting the offer begins on the day after the Customer sends the offer and ends with 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 considered a rejection of the offer, with the consequence that
the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to
the PayPal Terms of Use, viewable at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer
does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process,
the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer
after submission of their order in text form (e.g., e-mail, fax or letter).
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A further disclosure of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data
will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding 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 identification of input errors can be the browser's magnification function, which magnifies the display on the screen.
The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact 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 e-mails sent by the Seller can be received at this address.
In particular, the Customer must ensure, when using SPAM filters, 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 generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who are not members of the European Union at the time of concluding the contract and whose
sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description,
the stated prices are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Seller and which must be borne by the Customer.
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These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or
import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even 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 advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "SOFORT" is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").
To pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for "SOFORT",
authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited.
Further information on the payment method "SOFORT" can be found by the Customer on the internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected,
payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To
process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" is available on the Internet at
https://www.shopify.com/legal/terms-payments-de.
4.7 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.8 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
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30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.9 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.10 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
the period specified on the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.11 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
4.12 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within
30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method invoice purchase 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 in his payment information in the online shop of a corresponding payment restriction.
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corresponding payment restriction.
4.13 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced.In this case, the purchase price is to be paid within
7 (seven) days of receipt of the invoice without deduction, unless otherwise
agreed. The Seller reserves the right to offer invoice payment
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 in their payment information in the online shop of a
corresponding payment restriction.
4.14 If the invoice payment method is selected, the purchase price becomes due after the
goods have been delivered and invoiced. In this case, the purchase price is to be paid within
the period specified on the invoice without deduction, unless otherwise
agreed. The Seller reserves the right to offer invoice payment 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 in their payment information in the online shop of a
corresponding payment restriction.
4.15 If the invoice payment method via secupay is selected, the purchase price becomes due
after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction to
secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag).
The invoice payment method requires a successful credit check by
secupay S.A. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with secupay
S.A., to whom the Seller assigns its payment claim. In this
case, the customer can only pay to secupay S.A. with debt-discharging effect. The Seller remains
responsible for general customer inquiries even if the invoice payment method via secupay is selected,
e.g., regarding goods, delivery time, shipping, returns,
complaints, declarations and submissions of withdrawal or credit notes. The
Seller reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.16 If the invoice payment method via secupay is selected, the purchase price becomes due,
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after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 10 (ten) days of receipt of the invoice without deduction to
secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag).
The invoice payment method requires a successful credit check by
secupay S.A. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with secupay
S.A., to whom the Seller assigns its payment claim. In this
case, the customer can only pay to secupay S.A. with debt-discharging effect. The Seller remains
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responsible for general customer inquiries even if the invoice payment method via secupay is selected,
e.g., regarding goods, delivery time, shipping, returns,
complaints, declarations and submissions of withdrawal or credit notes. The
Seller reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.17 If the invoice payment method is selected, the purchase price becomes due after the
goods have been delivered and invoiced. In this case, the purchase price is to be paid within
14 (fourteen) days of the invoice date without deduction to Klarna AB, Sveavägen
46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise
agreed. The invoice payment method requires a successful credit check
by Klarna AB. If the customer is permitted to pay by invoice after a credit check,
the payment will be processed in cooperation with Klarna AB, to whom the Seller
assigns its payment claim. In this case, the customer can only pay to Klarna
AB with debt-discharging effect. In all other respects, the General Terms and Conditions of
Klarna AB, which the customer can access during the order process, apply. The Seller
reserves the right to offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.18 If the invoice payment method via Paymorrow is selected, the purchase price is
to be paid within 14 (fourteen) days of receipt of the invoice without deduction to InterCard
AG, Alstertor 9, 20095 Hamburg. The invoice payment method requires a
successful credit check by paymorrow GmbH. If the customer is
permitted to pay by invoice after a credit check, the
payment will be processed in cooperation with paymorrow GmbH, to whom the
Seller assigns its payment claim. In this case, the customer can only pay to
paymorrow GmbH with debt-discharging effect. The provider also remains
responsible for general customer inquiries even if the invoice payment method via paymorrow is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints,
declarations and submissions of withdrawal or credit notes. In all other respects, the
General Terms and Conditions of paymorrow, which the customer can access and must confirm
during the order process, apply. The Seller reserves the right to
offer the invoice 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 in their
payment information in the online shop of a corresponding payment restriction.
4.19 If the invoice payment method via PAYONE is selected, the purchase price becomes due,
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after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction to
PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Invoice payment is
only possible for customers who are 18 years of age or older. The invoice payment method
requires a successful credit check by PAYONE GmbH. If the customer is
permitted to pay by invoice after a credit check, the
payment will be processed in cooperation with PAYONE GmbH, to whom the
Seller assigns its payment claim. In this case, the customer can only pay to
PAYONE GmbH with debt-discharging effect. The Seller remains responsible for
general customer inquiries even if the invoice payment method via PAYONE is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints,
declarations and submissions of withdrawal or credit notes. In all other respects, the
General Terms and Conditions of PAYONE GmbH (https://www.payone.com/DE-
de/agb) apply. The Seller reserves the right to offer the invoice payment method only from and only
up to a certain order volume and to refuse this payment method if the specified
order volume is not met or is exceeded. In this case,
the Seller will inform the customer in their payment information in the online shop of a
corresponding payment restriction.
4.20 If the "PayPal Invoice" payment method is selected, the Seller assigns its
payment claim to PayPal. Before accepting the Seller's declaration of assignment,
PayPal conducts a credit check using the transmitted customer data. The
Seller reserves the right to refuse the "PayPal Invoice" payment method to the customer
in case of a negative check result. If the "PayPal Invoice"
payment method is approved by PayPal, the customer must pay the invoice amount
to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment due date. In this case,
they can only pay to PayPal with debt-discharging effect. However, the Seller remains
responsible for general customer inquiries even in the case of assignment of claims, e.g., regarding goods,
delivery time, shipping, returns, complaints, declarations of withdrawal and
submissions or credit notes. In addition, the General
Terms of Use for PayPal Invoice Payment apply, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.21 If the invoice payment method via Santander is selected, the purchase price becomes
due after the goods have been delivered and invoiced. In this case, the
purchase price is to be paid within 30 (thirty) days of receipt of the invoice without deduction to
Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach.
Invoice payment is only possible for customers who act as consumers and are 18
years of age or older. The invoice payment method requires a successful
credit check by Santander Consumer Bank AG. Should the use of invoice payment
not be possible due to insufficient creditworthiness or for other reasons, the customer will be offered an alternative payment method.
The customer is free to conclude the contract using the alternative payment method
offered or to cancel the order process. If the customer is
permitted to pay by invoice after a credit check, the
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payment will be processed in cooperation with Santander Consumer Bank AG,
to whom the Seller assigns its payment claim. In this case,
the customer can only pay to Santander Consumer Bank AG with debt-discharging effect.
If the customer does not meet their payment obligation, or does not meet it in full,
within the payment period, they will be in default without further reminder. In
this case, the customer is obliged to compensate for the damage caused by the default.
The damage caused by default may include, in particular, costs for reminders and
costs for appropriate legal action (e.g., attorney's fees).
Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder.
The customer is allowed to prove that no damage or damage of this amount occurred.
The claims against the customer arising from the invoice purchase can
be assigned to third parties at any time, in particular to collection agencies for the
purpose of collecting outstanding amounts.
The Seller remains responsible for general customer inquiries even if the invoice payment method via Santander is selected,
e.g., regarding goods, delivery time, shipping,
returns, complaints, declarations and submissions of withdrawal or credit notes.
The Seller reserves the right to offer the invoice 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 in their payment information in the online shop of a corresponding
payment restriction.
4.22 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 claims on its behalf. PAYONE
GmbH collects the invoice amount from the customer's specified credit card account.
The credit card is charged immediately after the customer's order is sent
in the online shop. The Seller remains responsible for general customer inquiries
even if the credit card payment method via PAYONE GmbH is selected,
e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal
and submissions or credit notes.
4.23 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 whom 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. The provider also remains responsible for general customer inquiries, e.g.,
regarding returns, complaints, declarations and submissions of withdrawal or
credit notes, even if the credit card payment method via secupay AG is selected.
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4.24 If the credit card payment method via Stripe is selected, the invoice amount is due immediately
upon conclusion of the contract. Payment processing is carried out by the
payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand
Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a
credit check and to refuse this payment method in the event of a negative credit check.
4.25 If the "easyCredit installment purchase" payment method is selected, payment
processing is carried out by TeamBank AG Nürnberg, Beuthener Straße 25, 90471
Nürnberg (hereinafter "TeamBank AG"), to whom the Seller assigns its payment claim.
Before accepting the Seller's declaration of assignment, TeamBank AG
conducts a credit check using the transmitted customer data. The
Seller reserves the right to refuse the "easyCredit installment purchase" payment method to the customer
in the event of a negative check result. If the "easyCredit installment
purchase" payment method is approved by TeamBank AG, the customer must pay the invoice amount
to TeamBank AG under the conditions set by the Seller, which are communicated to them in the Seller's online shop.
In this case, they can only pay to TeamBank AG with debt-discharging effect. However, the Seller remains
responsible for general customer inquiries even in the case of assignment of claims, e.g.,e.g. regarding the
goods, delivery time, shipping, returns, complaints, cancellation declarations and
returns or credits. In addition, the General Terms and Conditions for easyCredit installment purchases apply, which can be accessed online at https://www.eas
ycredit-ratenkauf.de/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, 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.
5.2 For goods delivered by freight forwarder, delivery is "free
curbside", i.e. to the public curb closest to the delivery address,
unless otherwise specified in the shipping information in the seller's online shop
and unless otherwise agreed.
5.3 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 seller as a result. This
does not apply to the costs of sending the goods if the customer effectively exercises his
right of withdrawal. For return costs, the provisions in the seller's cancellation policy
apply if the customer effectively exercises his right of withdrawal.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and
accidental deterioration of the sold goods passes to the customer as soon as the
seller has handed over the item to the carrier, the freight forwarder or any other person or institution designated for the execution of the
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shipment. If the customer acts as a consumer, the risk of accidental loss and accidental
deterioration of the sold goods generally passes only when the goods are handed over to the
customer or a person authorized to receive them. Notwithstanding this, 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 handed over the
item to the carrier, the freight forwarder or any other person or institution designated for the execution of the shipment, if the customer has commissioned the carrier, the
freight forwarder or any other person or institution designated for the execution of the shipment and the seller has not previously named this person or
institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper
self-delivery. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence.
The seller will make all reasonable efforts to procure the goods.
In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the customer can pick up the ordered
goods within the business hours specified by the seller at the address specified by the
seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
- by download
- by email
- by fax
- by post
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term apparent from the respective product description in the seller's online shop.
The subscription contract can be terminated during the minimum term with one month's notice to the end of the minimum term and after the expiration of the minimum term at any time with one month's notice.
6.2 The right to extraordinary termination for good cause remains unaffected.
Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the
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expiration of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
6.3 Cancellations must be made in writing or in text form (e.g. by e-mail).
7) Retention of title
If the seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
Unless otherwise provided in the following regulations, the provisions of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and reductions of deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller maliciously concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.
8.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller thereof.
If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
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9) Redemption of gift vouchers
9.1 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 on the voucher.
9.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 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 selected to settle the difference.
9.7 The credit balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can make payment with exonerating 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 authorization, the lack of legal capacity or the lack of power of representation of the respective holder.
10) Applicable Law
10.1 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 the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who are not members 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.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes
Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 München
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arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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