General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redemption of action coupons
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of 13gramm SARL (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods 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 telephone, fax or e-mail.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method “Amazon Payments” is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method within the scope of the online order process, he shall also issue a payment order to Amazon by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer’s offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.
2.6 When an offer is submitted via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before sending his order.
2.7 Before the binding submission of 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 enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller’s revocation instructions.
3.3 The right of revocation shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller’s online store.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.6 If the payment method “PayPal invoice” is selected, the seller assigns his payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in case of a negative check result. If the payment method “PayPal Invoice” is allowed by PayPal, the customer has to pay the invoice amount to PayPal within 30 days after receipt of the goods, unless PayPal has given the customer another payment term. In this case he can only pay to 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 the goods, delivery time, shipping, returns, complaints, declarations of revocation and shipments or credit notes. In addition, the General Terms and Conditions of Use for the use of PayPal’s purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller’s order processing shall be decisive for the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 In the case of goods delivered by a forwarding agent, delivery shall be “free kerbside”, i.e. up to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online store and unless otherwise agreed.
5.3 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, the provision made in the seller’s cancellation policy shall apply if the customer effectively exercises his right of cancellation.
5.4 In the case of collection by the customer, the Seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods from the Seller’s premises by arrangement with the Seller. In this case no shipping costs will be charged.
5.5 Vouchers are given to the customer as follows:
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding the above, the limitation period for claims for defects in the case of used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply
for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, and
in the event that the Seller has fraudulently concealed the defect.
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, the seller is responsible for the processing of the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer must provide the operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
8.2 The Customer shall hold the Seller harmless from any claims of third parties which they may assert against the Seller in connection with an infringement of their rights resulting from the contractual use of the Customer’s content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are immoral. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Redemption of campaign vouchers
9.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
9.4 Only one promotion voucher can be redeemed per order.
9.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotion 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.
9.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid.
9.8 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is transferable. The Seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the Seller’s online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the Seller’s online store (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Several gift certificates can be redeemed in one order.
10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
10.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.
11) Applicable law
11.1 All legal relations between the parties shall be governed by the laws of the Grand Duchy of Luxembourg, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer’s place of business.
13) Alternative dispute resolution
13.1 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 contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.