Table of contents
 
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. granting rights of use for digital content
7. granting of rights of use for license keys
8. duration and termination of subscription contracts
9. reservation of title
10. liability for defects (warranty)
11. special conditions for the processing of goods in accordance with certain specifications of the customer
12. special conditions for assembly/installation services
13. special conditions for repair services
14. redemption of promotion vouchers
15. redemption of gift vouchers
16. applicable law
17. code of conduct
18. alternative dispute resolution
 
 
 
1) Scope of application
 
1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Brandl, trading under "1st Cloud" (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed 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 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts for the delivery of tickets, these GTC shall apply accordingly, unless expressly provided otherwise. These GTCs only regulate the sale of tickets for certain events specified in more detail in the seller's article description and not the execution of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.5 For contracts for the supply of license keys, these GTC shall apply accordingly, unless otherwise expressly agreed. In this context, the Seller shall owe the provision of a license key for the use of the software or contents described by him and the granting of the contractually agreed rights to use the respective software or contents. The customer does not acquire any intellectual property rights to the software or contents. The respective product description in the seller's online shop is decisive for the quality of the software or content.
1.6 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
1.7 Digital contents in the sense of these GTC are all data not contained on a physical data carrier, which are produced in digital form and provided by the Seller under the granting of certain rights of use regulated in more detail in these GTC.
1.8 The subject matter of the contract may - depending on the Seller's product description - be the purchase of goods by way of a one-time delivery or the purchase of goods by way of a permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the time intervals contractually owed.
1.9 Components of the Seller's product range presented may - depending on the Seller's product description - be associated with the conclusion of a contract for the provision of telecommunication services (hereinafter "Telecommunication Contract") with a third party provider (hereinafter "Service Provider"). In this case, the existence of the contract with the Seller depends on the conclusion of a telecommunications contract with the service provider and on the fact that the telecommunications contract is not revoked by the Customer. The telecommunications contract shall be subject to the relevant statutory provisions and any contractual terms and conditions of the respective service provider that deviate from these. The Seller acts merely as an intermediary for such contracts.
 
 
2) Conclusion of contract
 
2.1 The product descriptions contained in the seller's online shop 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 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 with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.
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 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 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 shall be deemed 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 will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a method of payment offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer's offer at the moment the customer clicks on the button completing the order process.
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., 38 avenue John F. Kennedy, L-1855 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 at the same time 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 submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the relevant login data.
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 is used to enlarge 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 The German and English languages are available for the conclusion of the contract.
2.9 The 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 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 by third parties commissioned by the seller to process the order can be delivered.
2.10 When ordering data carriers which are not suitable for minors (FSK or USK-18 articles), the customer confirms by sending the order that he/she has reached the minimum age required by law.
 
 
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 can be found in the seller's revocation instructions.
3.3 The right of revocation does 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.
3.4 According to § 312g para. 2 no. 9 BGB, unless otherwise agreed, the right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of such services. Accordingly, a right of revocation is also excluded in the case of contracts which have as their object the sale of tickets for scheduled leisure events.
 
 
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, additional 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 money transfer 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 shop.
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.
4.5 If the payment method "PayPal Credit" (payment in instalments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a credit assessment using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative check result. If the payment method "PayPal Credit" is permitted by PayPal, the customer must pay the invoice amount to PayPal under the conditions set by the seller and communicated to him/her in the seller's online shop. 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, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must identify himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, the payment transaction will be processed 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 online shop of the Seller. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer will be informed separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered via the "mollie" payment service is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie are communicated to the customer in the online shop of the seller. For the processing of payments, mollie may make use of other payment services for which special payment conditions may apply, to which the customer will be informed separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.
4.9 If a RatePAY payment method offered by the seller is selected (e.g. RatePAY invoice, RatePAY prepayment, RatePAY direct debit, RatePAY installment payment), payment shall be processed by the service provider RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePAY"). The customer will be informed on the seller's website which RatePAY payment methods the seller offers in detail. The Seller assigns to RatePAY, or to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany, the claim against the customer arising from the use of an RatePAY payment method. Payments can be made with debt-discharging effect exclusively to RatePAY or, if the installment payment method is used (if offered), to Wirecard Bank AG. However, the Seller shall remain responsible for general customer inquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and sending or credit notes). The use of a RatePAY payment method offered by the seller requires a successful credit check by RatePAY. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check and to offer the customer an alternative payment method. Otherwise, the General Terms and Conditions of RatePAY shall apply, which can be viewed at https://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis and which the customer can call up as part of the ordering process.
4.10 If the invoice purchase payment method is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case the purchase price shall be paid within 7 (seven) days of 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 reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.11 If the payment method Invoice Purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of 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 reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. Furthermore, the seller reserves the right to carry out a credit check when selecting the payment method "purchase on account" and to reject this payment method if the credit check is negative.
4.12 If the payment method Invoice Purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of 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 reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.13 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of 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 reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. Furthermore, the seller reserves the right to carry out a credit check when selecting the payment method "purchase on account" and to reject this payment method if the credit check is negative.
4.14 If the payment method Invoice Purchase via abcfinance is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice to abcfinance GmbH, Kamekestraße 2-8, 50672 Köln ("abcfinance"). The payment method invoice purchase requires a successful credit check by abcfinance. If the customer is permitted the payment method Invoice Purchase after the creditworthiness check, the payment will be processed in cooperation with abcfinance, to which the seller assigns his payment claim. In this case, the customer can only make payment to abcfinance with debt discharging effect. Even if the payment method of purchase on account via abcfinance is selected, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.15 If the payment method Billpay is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 20 (twenty) days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de). The payment method invoice purchase requires a successful credit assessment by Billpay GmbH. If the customer is permitted the payment method invoice purchase after credit assessment, the payment shall be processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. Even if the payment method of purchase on account via Billpay is selected, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. Otherwise, the General Terms and Conditions of Billpay (available at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/) apply in this respect, which the customer can call up and must confirm during the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.16 If the payment method invoice purchase via Billpay is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 30 (thirty) days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de). The payment method invoice purchase requires a successful credit assessment by Billpay GmbH. If the customer is permitted the payment method invoice purchase after credit assessment, the payment shall be processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. Even if the payment method of purchase on account via Billpay is selected, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. Otherwise, the General Terms and Conditions of Billpay (available at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/) apply in this respect, which the customer can call up and must confirm during the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.17 If the payment method invoice purchase via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal") as the collector of the BillSAFE payment service. The payment method invoice purchase requires a successful credit check by PayPal. If the customer is allowed to use the payment method Invoice Purchase after credit assessment, the payment will be processed in cooperation with PayPal, to which the Provider assigns its payment claim. In this case, the customer can only make payment to PayPal with debt discharging effect. Even if the payment method BillSAFE is chosen, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and shipments or credit notes. Otherwise the General Terms and Conditions of BillSAFE apply in this respect, which the customer can call up and must confirm during the ordering process. The seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.18 If the payment method invoice purchase via BS PAYONE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price is payable within 14 (fourteen) days after receipt of the invoice without deduction to BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. A purchase on account is only possible for customers who have reached the age of 18. The payment method invoice purchase requires a successful credit assessment by BS PAYONE GmbH. If the customer after examination of the creditworthiness the bill purchase is permitted, the completion of the payment takes place in co-operation with the BS PAYONE GmbH, to which the salesman transfers his demand for payment. In this case the customer can only pay to BS PAYONE GmbH with debt discharging effect. The salesman remains also with selection of the payment method invoice purchase over BS PAYONE responsible for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, declarations of revocation and sending or credit notes. In all other respects the general trading conditions of BS PAYONE GmbH (https://www.bspayone.com/AT/de/gtc) apply in this respect. The seller reserves the right to offer the payment method invoice purchase only from and only up to a certain order volume and to reject this payment method if the order volume is not reached or is exceeded. In this case the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
4.19 If the payment method invoice purchase via Heidelpay is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days after receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as "Heidelpay"). The payment method invoice purchase requires a successful credit check by Heidelpay. If the customer is allowed to use the payment method purchase on account after credit assessment, the payment will be processed in cooperation with Heidelpay, to which the seller assigns his payment claim. In this case the customer can only pay to Heidelpay with debt discharging effect. The seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and shipments or credit notes even if the payment method invoice purchase via Heidelpay is chosen.
The payment method purchase on account via Heidelpay is excluded,
- if the order value falls below the amount of 25,00 Euro,
- if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
- if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method purchase on account via Heidelpay only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.20 If the payment method invoice purchase via master payment is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid immediately upon receipt of the invoice without deduction to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"). The invoice purchase payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer is allowed to use the payment method Invoice Purchase after credit assessment, the payment will be processed in cooperation with net-m privatbank 1891 AG, to which the seller assigns his payment claim. In this case, the customer can only make payment to net-m privatbank 1891 AG with debt discharging effect. Even if the payment method Invoice Purchase via Masterpayment is selected, 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. A further prerequisite for using the payment method Invoice Purchase via Masterpayment is that the customer is over 18 years of age. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject 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 about a corresponding payment restriction.
4.21 If the payment method invoice purchase via Paymorrow is selected the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The method of payment invoice purchase requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the creditworthiness is permitted the payment method bill purchase, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman retires his demand for payment. In this case the customer can only make payment to paymorrow GmbH with debt-discharging effect. The offerer remains responsible also with selection of the payment kind bill purchase over paymorrow for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, declarations of revocation and - transmissions or credits. In all other respects the general trading conditions of paymorrow, which the customer can call up and must confirm in the context of the order process, apply in this respect. The salesman reserves himself the right to offer the payment kind bill purchase only up to a certain order volume and to reject this payment kind with excess of the indicated order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.22 If the payment method invoice purchase via Paymorrow is selected the purchase price is to be paid within 21 (twenty-one) days from receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The method of payment invoice purchase requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the creditworthiness is permitted the payment method bill purchase, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman retires his demand for payment. In this case the customer can only make payment to paymorrow GmbH with debt-discharging effect. The offerer remains responsible also with selection of the payment kind bill purchase over paymorrow for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, declarations of revocation and - transmissions or credits. In all other respects the general trading conditions of paymorrow, which the customer can call up and must confirm in the context of the order process, apply in this respect. The salesman reserves himself the right to offer the payment kind bill purchase only up to a certain order volume and to reject this payment kind with excess of the indicated order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.23 If the payment method invoice purchase via Paymorrow is selected the purchase price is to be paid within 30 (thirty) days from receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The method of payment invoice purchase requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the creditworthiness is permitted the payment method bill purchase, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman retires his demand for payment. In this case the customer can only make payment to paymorrow GmbH with debt-discharging effect. The offerer remains responsible also with selection of the payment kind bill purchase over paymorrow for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, declarations of revocation and - transmissions or credits. In all other respects the general trading conditions of paymorrow, which the customer can call up and must confirm in the context of the order process, apply in this respect. The salesman reserves himself the right to offer the payment kind bill purchase only up to a certain order volume and to reject this payment kind with excess of the indicated order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.24 When choosing the payment method purchase on account via payolution, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, to which the seller assigns his claim from the purchase contract, unless otherwise agreed. The payment method invoice purchase requires a successful credit check. In this case, the customer can only make payment to net-m privatbank 1891 AG with debt discharging effect. In all other respects, the supplementary General Terms and Conditions apply, which the customer can call up during the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the order volume exceeds the specified volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.25 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 permitted by PayPal, the customer shall pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has given the customer a different 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, shipment, returns, complaints, declarations of revocation and shipments or credit notes. In addition, the General Terms of Use for the use of the purchase on account of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.26 If the payment method invoice purchase via Rakuten-Checkout is chosen, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days from date of invoice without deduction to Rakuten Deutschland GmbH, Geisfelder Str. 16, 96050 Bamberg (www.Rakuten.de/checkout), to which the seller assigns his payment claim. In this case the customer can only pay to Rakuten Deutschland GmbH with debt-discharging effect. The payment method invoice purchase requires a successful credit check by Rakuten Deutschland GmbH. Even if the payment method Invoice Purchase via Rakuten Checkout is chosen, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. Otherwise, the General Terms and Conditions of Rakuten Deutschland GmbH apply, which the customer can call up within the ordering process. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.27 If the payment method invoice purchase via Santander is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction to Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach. A purchase on account is only possible for customers who are acting as consumers and have reached the age of 18. The payment method purchase on account requires a successful credit assessment by the Santander Consumer Bank AG. If the use of the purchase on account is not possible due to insufficient creditworthiness or for other reasons, the customer will be offered an alternative payment option. The customer is free to conclude the contract using the alternative payment method offered or to cancel the order process. If the customer is allowed to use the payment method "purchase on account" after checking his creditworthiness, the payment will be processed in cooperation with the Santander Consumer Bank AG, to which the seller assigns his payment claim. In this case, the customer can only pay to Santander Consumer Bank AG Santander with debt-discharging effect. If the customer does not or not completely fulfil his payment obligation within the payment period, he 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 prosecution (e.g. lawyers' fees). Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder. The customer shall be entitled to prove that no damage at all or not in this amount has occurred. The claims against the customer arising from the purchase on account may be assigned to third parties at any time, in particular to debt collection companies for the purpose of collecting amounts in arrears.
The seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, revocation declarations and shipments or credit notes, even if the payment method invoice purchase via Santander is selected.
The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.28 If the payment method invoice purchase via secupay is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag). The payment method invoice purchase requires a successful credit check by secupay S.A. If the customer is permitted to purchase on account after the creditworthiness check, the payment is processed in cooperation with secupay S.A., to which the seller assigns his payment claim. In this case the customer can only make payment to secupay S.A. with debt discharging effect. Even when choosing the payment method of purchase on account via secupay, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.29 If the payment method Invoice Purchase via secupay is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 10 (ten) days of receipt of the invoice to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag). The payment method invoice purchase requires a successful credit check by secupay S.A. If the customer is permitted to purchase on account after the creditworthiness check, the payment is processed in cooperation with secupay S.A., to which the seller assigns his payment claim. In this case the customer can only make payment to secupay S.A. with debt-discharging effect. Even when choosing the payment method of purchase on account via secupay, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.30 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for advance information. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account 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 arising from the chargeback by the respective bank if he is responsible for this.
4.31 If the SEPA Direct Debit payment method is selected, the invoiced amount shall be due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the deadline for advance information. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account 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 arising from the chargeback by the respective bank 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 reject this payment method if the credit check is negative.
4.32 In the case of a purchase by direct debit, the payment amount shall be due immediately for payment by direct debit by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter "Billpay") from the current account specified in the order process at the bank specified there (the current account). You hereby issue Billpay with a SEPA direct debit mandate to collect payments due and instruct your financial institution to honour the direct debits. Billpay's Creditor Identification Number is DE19ZZ00000237180. The mandate reference number will be communicated to you by e-mail at a later date, together with a template for a written mandate. You will also sign and send this written mandate to Billpay. Note: Within eight weeks, starting from the date of debiting, you can request reimbursement of the amount debited. The conditions agreed with your financial institution apply. Please note that the claim due remains valid even in the event of a return debit note. You can find further information on https://www.billpay.de/sepa.
The advance information on the collection of the SEPA direct debit will be sent to you by email to the email address you provided during the ordering process at least one day before the due date. If the current account does not have the required coverage, the account-holding bank is not obliged to honour the direct debit. Partial redemptions are not carried out in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay, as well as a current account maintained in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking the creditworthiness, the payment shall be processed in cooperation with Billpay, to which the seller assigns his payment claim. Even in the case of purchase by direct debit via Billpay, the seller shall remain responsible for general customer enquiries (e.g. concerning the goods, delivery time, dispatch), returns, complaints, declarations of revocation and consignments or credit notes. The General Terms and Conditions of Billpay apply, which can be accessed via the following link:
https://www.billpay.de/allgemein/datenschutz/
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will provide the necessary coverage. Returned direct debits are associated with a high effort and costs for the seller and Billpay. In the event of a return debit note (due to lack of necessary cover for the current account, due to expiry of the current account or unjustified objection by the account holder), you authorise Billpay to submit the debit note for the respective due payment obligation a second time. In such a case, you shall be obliged to pay the costs incurred by the return debit note. Further claims are reserved. You shall be given the opportunity to prove that the return debit note incurred lower costs or no costs at all. In view of the effort and costs involved in return debits and in order to avoid the processing fee, we ask you not to object to the debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will be effected by retransfer of the corresponding amount or by credit note.
4.33 If the payment method Direct Debit via Heidelpay is selected, payment shall be processed via the payment service provider Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg, Germany (hereinafter referred to as "Heidelpay"), to which the Seller assigns its payment claim. Before accepting the seller's declaration of assignment, Heidelpay will carry out a credit assessment using the transmitted customer data. The seller reserves the right to refuse the customer the payment method direct debit via Heidelpay in case of a negative check result. If the payment method Direct Debit via Heidelpay is permitted by Heidelpay, Heidelpay shall collect the invoice amount from the customer's bank account after issuing a SEPA Direct Debit mandate, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account 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 arising from the chargeback by the respective bank if he is responsible for this.
The payment method direct debit via Heidelpay is excluded,
- if the order value falls below the amount of 25.00 Euro,
- if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
- if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.34 If the payment methods "direct debit via ipayment" or "credit card via ipayment" are selected, payment will be processed via the ipayment payment system of 1&1 Internet AG, which will forward the payment request of the Customer to the respective payment provider. The General Terms and Conditions of the respective payment provider apply to the payment processing, which the customer can and must take note of and accept as part of the electronic payment process. The payment methods "direct debit via ipayment" or "credit card via ipayment" are subject to the reservation that the respective payment provider accepts the customer's payment request.
4.35 If the payment method "direct debit" is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit (debit entry) requires a successful credit assessment by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer, after a credit assessment, is allowed to use direct debit, the payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany ("net-m privatbank 1891 AG"), to which the seller assigns his payment claim. In this case, net-m privatbank 1891 AG is revocably authorised to collect the invoice amount from the customer's specified account. In the event of assignment, payment can only be made to net-m privatbank 1891 AG with debt discharging effect. The direct debit takes place when the ordered goods leave the seller's warehouse. The seller remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes, even if the payment method bank collection (direct debit) via Masterpayment is selected.
4.36 If the payment method direct debit is selected, the payment processing is carried out by the payment service provider Novalnet AG, Gutenbergstr. 2, D-85737 Ismaning (hereinafter "Novalnet"). In this case, payment shall be made by direct debit from the Customer's bank account, provided that the Customer has previously issued a SEPA mandate to the Seller. The direct debit of the purchase price from the Customer's bank account will take place one bank working day after Novalnet has completed the order under the creditor ID: DE53ZZZ00000004253. The period for pre-notification is reduced to one day. If the direct debit is not honoured due to lack of sufficient account cover or due to the indication of incorrect bank details or if the customer objects to the direct debit although he is not entitled to do so, the customer has to bear the fees resulting from the back-posting of the respective credit institution if he is responsible for this.
4.37 If the SEPA Direct Debit payment method is selected, the payment will be processed by the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg, Germany, or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany. The invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the deadline for advance information. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the customer acts as a consumer, the period for pre-notification is reduced to five days for first-time direct debits and to two days for subsequent direct debits. If the customer acts as a business, the period for advance information is reduced to one day for both first and subsequent direct debits. The period for the advance information starts on the following day and ends for consumers on the fifth day in the case of first direct debits, on the second day in the case of subsequent debits and for entrepreneurs on the day following the advance information. If the last day of the period falls on a Saturday, a Sunday or a general holiday recognised by the state at the customer's place of business, the next working day shall take the place of such day. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he/she is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he/she is responsible for this.
4.38 If the payment method direct debit is selected, the payment processing is carried out by the payment service provider payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria (hereinafter "Payolution") in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany ("net-m privatbank 1891 AG"), to which the seller assigns his payment claim. In this case, payment is made by direct debit from the customer's bank account, provided the customer has previously issued a SEPA mandate to net-m privatbank 1891 AG. The purchase price will be debited from the customer's bank account one bank working day after the order has been completed by net-m privatbank 1891 AG. The period for pre-notification is reduced to one day. Within eight weeks, beginning with the debit date, the customer can request reimbursement of the amount debited. The conditions agreed with his financial institution apply. The customer must, however, note that the claim due remains valid even in the event of a return debit note. If the current account does not have the necessary cover, the account-holding bank is not obliged to honour the claim. Partial redemptions are not made in the direct debit procedure. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he/she is not entitled to do so, the customer shall bear the fees arising from the return debit of the respective bank if he/she is responsible for this. In the event of assignment, payment can only be made to net-m privatbank 1891 AG with debt-discharging effect. The seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes), even when purchasing by direct debit.
4.39 If the payment method "PayPal Direct Debit" is selected, PayPal shall collect the invoice amount from the Customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account 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 arising from the chargeback by the respective bank if he is responsible for this.
4.40 In the case of a purchase by direct debit, the payment amount shall be due immediately for payment by direct debit by our external partner RatePay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePay") from the current account specified in the order process at the bank specified there (the current account). You hereby issue RatePay with a SEPA direct debit mandate to collect due payments and instruct your financial institution to honour the direct debits. The mandate reference number will be sent to you at a later date by email together with a template for a written mandate. You will also sign this written mandate and send it to RatePay. Note: Within eight weeks, starting from the date of the debit, you can request reimbursement of the amount debited. The conditions agreed with your financial institution apply. Please note that the claim due remains valid even in the case of a return debit note.
The advance information on the collection of the SEPA direct debit will be sent to you by email to the email address you provided during the ordering process at least one day before the due date. If the current account does not have the necessary cover, the account-holding bank is not obliged to honour the debit. Partial redemptions are not carried out in the direct debit procedure. The payment method purchase by direct debit requires a successful credit check by RatePay, as well as a current account in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking the creditworthiness, the payment shall be processed in cooperation with RatePay, to which the seller assigns his payment claim. The seller shall also remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch), returns, complaints, declarations of revocation and consignments or credit notes when purchasing by direct debit via RatePay. The general terms and conditions of RatePay apply, which can be accessed via the following link:
http://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis/
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will provide the necessary coverage. Returned direct debits are associated with a high effort and costs for the seller and RatePay. In the event of a return debit note (due to lack of necessary cover for the current account, due to expiry of the current account or unjustified objection by the account holder) you authorise RatePay to submit the debit note for the respective due payment obligation a second time. In such a case you are obliged to pay the costs incurred by the return debit note. Further claims are reserved. You shall be given the opportunity to prove that the costs incurred by the return debit note were lower or even non-existent. In view of the effort and costs involved in return debits and in order to avoid the processing fee, we ask you not to object to the debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will be effected by retransfer of the corresponding amount or by credit note.
4.41 If the payment method direct debit is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit (debit entry) requires a successful credit assessment by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag). If the customer is permitted to make the direct debit (debit entry) after checking his creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The direct debit is carried out immediately after sending the customer's order in the online shop. Even if the payment method of direct debit via secupay AG is selected, the provider remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
4.42 If the payment method Direct Debit via Stripe is selected, the payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller. Pre-Notification" is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account 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 arising from the chargeback by the respective bank 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 reject this payment method if the credit check is negative.
4.43 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, to which the provider assigns his payment claim. The BS PAYONE GmbH collects the invoice amount from the indicated credit card account of the customer. In the case of the assignment can only be made to BS PAYONE GmbH with debt discharging effect. The debit of the credit card takes place immediately after sending the customer order in the online shop. The offerer remains also with selection of the payment method credit card payment over the BS PAYONE GmbH responsible for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, declarations of revocation and sending or credit notes.
4.44 When choosing the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's credit card account. In the event of assignment, payment can only be made to secupay AG with debt discharging effect. The credit card will be charged immediately after the customer's order is sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
4.45 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
4.46 If the credit card payment method via Wirecard is selected, payment will be processed by Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany (https://www.wirecardbank.com/) to which the Seller assigns his payment claim. Wirecard Bank AG will collect the invoice amount from the customer's credit card account indicated. In the event of assignment, payment can only be made to Wirecard Bank AG with debt discharging effect. The credit card will be debited immediately after the customer's order has been sent via the Seller's online shop. Even if the credit card payment method via Wirecard has been selected, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and shipments or credit notes. Reference is made to the information provided by Wirecard Bank AG pursuant to Article 13 DSGVO within the scope of processing credit card payments at https://www.wirecardbank.de/DSGVO.
4.47 If the payment method "Installment purchase by easyCredit" is selected, the payment is processed by TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter "TeamBank AG"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, TeamBank AG carries out a credit assessment using the customer data provided. The seller reserves the right to refuse the customer the payment method "hire purchase by easyCredit" in the event of a negative check result. If the payment method "Installment purchase by easyCredit" is permitted by TeamBank AG, the customer must pay the invoice amount to TeamBank AG under the conditions specified by the seller and communicated to him/her in the seller's online shop. In this case, the customer can only make payment to TeamBank AG with debt discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and consignments or credit notes. In addition, the General Terms and Conditions for Installment Purchase by easyCredit, which can be downloaded from the Internet at https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf, apply.
 
 
5) Delivery and shipping conditions
 
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction.
5.2 In the case of goods that are delivered by a forwarding agent, delivery is made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated 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 with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
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 pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.
5.5 Digital contents are provided to the customer exclusively in electronic form as follows:
- by download
- by email
5.6 Vouchers are provided to the customer as follows:
- by download
- by email
- by fax
- by mail
5.7 Tickets are provided to the customer as follows:
- by download
- by email
- by fax
- by mail
5.8 License keys are provided to the customer as follows:
- by download
- by email
- by fax
- by mail
- via display on the screen
 
 
6) Granting rights of use for digital content
 
6.1 Unless otherwise stated in the DeepL description in the Seller's online shop, the Seller grants the Customer the non-exclusive right to use the content provided for private and business purposes, unlimited in terms of time and place.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents even before this time. Such provisional permission does not constitute a transfer of rights.
 
 
7) Granting of rights of use for license keys
 
7.1 The license key provided entitles the customer to use the software or contents evident from the respective product description to the extent described there.
7.2 The granting of rights only becomes effective when the customer has paid the remuneration owed in full.
 
 
8) Duration and termination of the contract for subscription contracts
 
8.1 Subscription contracts are concluded for an unlimited period of time, but at least for the minimum term as shown in the respective product description in the seller's online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and at any time after the end of the minimum term with a notice period of 14 days.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.
8.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).
 
 
9) 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.
 
 
10) Liability for defects (warranty)
 
10.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
10.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply
- for items which have been used for a building in accordance with their normal 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.
10.3 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 does not comply with this, this has no effect on his legal or contractual claims for defects.
10.4 The seller is not liable for defects in the execution of the telecommunication contract, for which the respective service provider is exclusively responsible. In this respect, the relevant statutory provisions shall apply as well as any contractual terms and conditions of the respective service provider that deviate from these.
 
 
11) Special terms and conditions for the processing of goods according to certain specifications of the customer
 
11.1 If, according to the content of the contract, the Seller is responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller 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/she has the right to use the contents 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.
11.2 The Customer shall indemnify the Seller from any claims of third parties which they may assert against the Seller in connection with an infringement of their rights by 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 required for the examination of the claims and a defence.
11.3 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.
 
 
12) Special conditions for assembly/installation services
 
If, according to the content of the contract, the seller is responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any necessary preparatory measures (e.g. measurement), the following shall apply:
12.1 The Seller shall provide its services either in its own person or through qualified personnel selected by the Seller, at its discretion. In doing so, the Seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
12.2 The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, insofar as the procurement of such information does not fall within the scope of the Seller's duties according to the content of the contract.
12.3 The seller will contact the customer after conclusion of the contract in order to arrange a date with the customer for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's facilities on the agreed date.
12.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and handed over to the Customer.
 
 
13) Special conditions for repair services
 
If the seller is responsible for the repair of an item belonging to the customer according to the content of the contract, the following applies:
13.1 Repair services shall be provided at the Seller's registered office.
13.2 The Seller shall provide its services either in its own person or through qualified personnel selected by the Seller. In doing so, the Seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.
13.3 The customer shall provide the seller with all information necessary for the repair of the item, provided that the procurement of such information does not fall within the scope of the seller's obligations under the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the fault and inform him of all circumstances that could be the cause of the fault detected.
13.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends the Customer to send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately about obvious transport damages, so that the customer can assert any rights he may have against the carrier.
13.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over 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 goods.
13.6 The customer may also bring the item to be repaired to the seller's place of business and collect it from the seller himself, if this is stated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions on the bearing of costs and risk in the case of dispatch and return of the item shall apply accordingly.
13.7 The aforementioned regulations do not limit the customer's statutory rights in the event of the purchase of goods from the seller.
13.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
 
 
14) Redemption of promotion vouchers
 
14.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "campaign vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
14.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
14.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
14.4 Only one promotion voucher can be redeemed per order.
14.5 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
14.6 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.
14.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
14.8 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.
14.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
 
 
15) Redemption of gift vouchers
 
15.1 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 in the voucher.
15.2 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 are credited to the customer until the expiry date.
15.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
15.4 Several gift vouchers can be redeemed in one order.
15.5 Gift Certificates can only be used to purchase goods and not to purchase additional Gift Certificates.
15.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
15.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
15.8 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 shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
 
 
16) Applicable law
 
16.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase 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.
16.2 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.
 
 
17) Code of Conduct
 
- The Seller has submitted to the conditions of participation in the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
 
 
18) Alternative dispute resolution
 
18.1 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 out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
18.2 The seller is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.

Last Update: 07/26/2020 - 13:41pm