Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for Repair Services
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Carpsounder Braunfels e.K., Owner: Joachim Flauger (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business operator (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their independent professional activities.
1.3 A business operator within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
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 to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email, 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 email), 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 payment from the Customer after the order has been placed.
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 offer is sent by the Customer and ends at the end 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 shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 Bei Auswahl einer von PayPal angebotenen Zahlungsart erfolgt die Zahlungsabwicklung über den Zahlungsdienstleister PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (im Folgenden: „PayPal“), unter Geltung der PayPal-Nutzungsbedingungen, einsehbar unter https://www.paypal.com
2.5 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data 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 providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing usually takes place automatically via email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of money 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 prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the “PayPal” payment service, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal where he makes advance payments to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.
4.6 When selecting the “Sofort” payment method, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to be able to pay the invoice amount via “Sofort”, the Customer must have an online banking account activated for participation in “Sofort”, identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the Customer’s bank account is debited. Further information on the “Sofort” payment method can be accessed by the Customer on the Internet at https://www.klarna.com
4.7 When selecting a payment method offered via the “Apple Pay” payment service, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. To process payments, Apple may use other payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on Apple Pay is available on the Internet at https://www.apple.com
4.8 When selecting a payment method offered via the “Google Pay” payment service, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online shop. To process payments, Google may use other payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on Google Pay is available on the Internet at https://pay.google.com
4.9 When selecting a payment method offered via the “Mollie” payment service, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: “Mollie”). To process payments, Mollie may use other payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on “Mollie” is available on the Internet at https://www.mollie.com
4.10 When selecting a payment method offered via the “Stripe” payment service, 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 Stripe are communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on Stripe is available on the Internet at https://stripe.com
4.11 When selecting the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification of payment has expired. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before the deadline for pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
4.12 When selecting the direct debit via Stripe payment method, 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”). In this case, Stripe collects the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.
4.13 When selecting the credit card via Stripe payment method, the invoice amount is due immediately upon conclusion of the contract. 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”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall 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 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 with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provision made in the Seller’s cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.
5.3 If the Customer acts as a business operator, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or an authorized recipient. Deviating from 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 delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer based in Germany or as a business operator, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. 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.
5.5 If the Seller offers the goods for collection, the Customer can collect 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.
6) Retention of Title
If the Seller makes advance performance, he retains ownership of the delivered goods until the owed purchase price has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as a business operator,
- 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 in respect of defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of periods regulated above do not apply
- for claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for business operators, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer 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.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal ground
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Customer acts as a consumer based in Germany or as a business operator, the following limitations of liability apply:
If the Seller negligently breaches an essential contractual obligation, his liability is limited to the contract-typical, foreseeable damage, unless he is liable without limitation according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely. Otherwise, liability of the Seller is excluded, unless he is liable without limitation according to the preceding paragraph.
8.3 The above liability regulations also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
9) Special Conditions for Repair Services
If the Seller owes the repair of an item belonging to the Customer according to the content of the contract, the following applies:
9.1 Repair services are provided at the Seller’s place of business.
9.2 The Seller provides his services at his choice in person or through qualified personnel selected by him. In doing so, the Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller’s service description, the Customer has no claim to the selection of a specific person to perform the desired service.
9.3 The Customer must provide the Seller with all information required for the repair of the item, unless its procurement does not fall within the Seller’s scope of duties according to the content of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the fault and inform him of all circumstances that may be the cause of the identified fault.
9.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller’s place of business at his own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging to reduce the risk of transport damage and to hide the contents of the packaging. The Seller will inform the Customer immediately of obvious transport damage so that the Customer can assert any rights he may have against the carrier.
9.5 The return of the item is at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller’s place of business. At the Customer’s request, the Seller will take out transport insurance for the item.
9.6 The Customer can also bring the item to be repaired to the Seller’s place of business himself and pick it up again if this results from the Seller’s service description or if the parties have made a corresponding agreement. In this case, the above regulations on the bearing of costs and risks for shipping and return shipping of the item apply accordingly.
9.7 The aforementioned regulations do not limit the Customer’s statutory rights in respect of defects in the event of the purchase of goods from the Seller.
9.8 The Seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
10) Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
10.4 Multiple Promotional Vouchers can also be redeemed for one order.
10.5 If the Promotional Voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit of a Promotional Voucher is neither paid out in cash nor does it earn interest.
10.8 The 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.
10.9 The Promotional Voucher is transferable. The Seller can make payment with debt-discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity, or the lack of representative authority of the respective holder.
11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
12) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to call the court at the Customer’s registered office.
13) Alternative Dispute Resolution
The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
