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Allgemeine Geschäftsbedingungen

General Terms and Conditions of Business

1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Robert Winter.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

We accept your offer within two days by

we issue a declaration of acceptance in a separate e-mail or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant to you depends on which of the listed events occurs first.

3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, French, Spanish, Italian

We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.

4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

5. Payment
The following payment methods are generally available in our shop:

Prepayment
When selecting the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
In the order process, you provide your credit card details and your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l., S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ( PayPal), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.

PayPal can offer registered and selected according to its own criteria PayPal customers further payment methods in the customer account. However, we have no influence on the offer of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. See your PayPal account for more information.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l., S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ( PayPal), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal, PayPal Express
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.

PayPal can offer registered and selected according to its own criteria PayPal customers further payment methods in the customer account. However, we have no influence on the offer of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. See your PayPal account for more information.

Credit card via PayPal
Your card will be charged by PayPal after shipment of the goods.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you grant PayPal a direct debit mandate. You will be informed about the date of the account debiting by PayPal (so-called prenotification).The account debiting takes place before the shipment of the goods.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Purchase on account via PayPal and Ratepay
The purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order and you will receive further information during the order process.

Google Pay
To the invoice amount via the payment service provider Google Ireland Ltd. To be able to pay Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment order. The payment transaction will be carried out immediately after placing the order.

Apple Pay
To the invoice amount via the payment service provider Apple Inc. To be able to pay for One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the Safari browser, be registered with Apple, have the Apple Pay function activated, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main ("giropay" or paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order and you will receive further information during the order process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment order.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F.Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is made within one banking business day after placing the order. A bank business day is every working day with the exception of Saturdays, national public holidays and the 24. And 31 December of each year.Further information can be found in the order process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.

Klarna Credit Card
In the order process, you provide your credit card details and your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Klarna Direct Debit
You give Klarna a SEPA direct debit mandate and Klarna will inform you of the date of the account debiting (so-called prenotification). The account is debited after shipment of the goods.

Hire purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount.The minimum rate is 6.95 euros.

6. Right of Withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title​​​​​​​
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Damage in transit​​​​​​​
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

9. Warranty and Guarantees​​​​​​​
9.1 Right to Liability for Defects
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed, or
as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

regulations for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability​​​​​​​
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of a promise of guarantee, if agreed, or
as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.

11. Dispute Resolution​​​​​​​
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.

12. Protection of minors​​​​​​​
If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally. In this case, delivery to packing stations is not possible.

13. Final provisions​​​​​​​
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

General terms and conditions created with the Trusted Shops legal copywriter


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