General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Norbert Deutsch, trading under "Norbert Deutsch" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or business entity (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. 

1.3 A business entity within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the 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 for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods into the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. 

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 email), whereby receipt of the order confirmation by the Customer is decisive, or - delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or - requesting payment from the Customer after placement of the order. If multiple of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered via PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full or – if the Customer does not hold a PayPal account – subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the order is dispatched. The contract text will not be made accessible by the Seller beyond this.

2.6 Prior to the binding submission of the order via the online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's zoom function. The Customer can correct entries during the electronic ordering process using the standard keyboard and mouse functions until the button concluding the ordering process is clicked.

2.7 The German and English languages are available for concluding the contract. 2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are fundamentally entitled to a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless stated otherwise in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the "Stripe" payment service is selected, payment processing is handled 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 Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services for which specific terms of payment may apply, of which the Customer may be notified separately. Further information on Stripe is available online at https://stripe.com.

4.5 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping for the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless agreed otherwise. When processing the transaction, the delivery address specified in the Seller's order processing is authoritative. By way of derogation, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. With regard to initial shipping costs, this does not apply if the Customer effectively exercises their statutory right of withdrawal. For return shipping costs, the provisions laid down in the Seller's cancellation policy apply in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or entity designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorized recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the carrier, forwarding agent, or person designated to carry out the shipment, if the Customer commissions the carrier or agent themselves and the Seller has not previously named this person or entity to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery by suppliers. This applies only in the event that non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and any consideration paid will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, title to the delivered goods remains with the Seller until the purchase price owed has been paid in full. 

7) Liability for Defects (Warranty)

Unless provided otherwise in the following provisions, the statutory provisions on liability for defects shall apply. In derogation thereof, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a business entity: - the Seller has the choice of the type of supplementary performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - for used goods, rights and claims based on defects are excluded; - the limitation period does not start anew if a replacement delivery is made within the scope of defect liability.

7.2 The aforementioned limitations of liability and shortening of limitation periods do not apply: - to claims for damages and reimbursement of expenses by the Customer, - in the event that the Seller has fraudulently concealed the defect, - to goods that have been used for a building structure in accordance with their standard manner of use and have caused its defectiveness, - to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for business entities, the statutory limitation periods for any existing statutory rights of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is asked to report delivered goods with obvious transport damages to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on their statutory or contractual defect claims.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.