Gute wahl!Hier sind deine Produkte: General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms 5. Delivery and Shipping Conditions 6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers 9. Redemption of Gift Vouchers 10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Formheld (hereinafter "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.3 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.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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 that concludes the ordering process.
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), in which case the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- requesting the Customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for 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 is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled 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 terms of use, viewable 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, viewable at https://www.paypal.com/de/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 hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, they also issue a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.
concludes the payment process.
2.6 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 their order has been submitted. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
borne by the customer. This includes, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credits.
4.6 If the payment method "SOFORT" is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" 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, payment processing is carried out 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 Seller's online shop. For
To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If a Ratepay payment method offered by the seller (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment) is selected, payment processing is carried out via Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "Ratepay"), to which the seller assigns its claim against the customer. Which Ratepay payment methods the seller offers in detail will be communicated to the customer on the seller's website. The customer can only make payments to Ratepay with debt-discharging effect. However, the seller remains responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns or credits). In all other respects, the general payment conditions of Ratepay apply, which can be found here: https://www.ratepay.com/legal-payment-terms/
4.9 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.
4.10 If the payment method "Direct Debit via Stripe" 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"). In this case, Stripe debits the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been granted, but not before the expiry of the pre-notification period. 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 honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit even though they are not authorized to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback, if they are responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.
4.11 If the "Credit Card via Stripe" payment method is selected, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
4.12 If a payment method offered via the payment service "Klarna" is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the Seller's payment information, which can be viewed at the following internet address:
https://www.klarna.com/de/
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer effectively exercises their right of withdrawal, the provisions made in the Seller's withdrawal policy apply.
5.3 If the Customer acts as an entrepreneur, 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, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows: - by email
6) Retention of Title
If the Seller makes advance performance, they retain ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- claims and rights due to defects in used goods are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.3 The aforementioned limitations of liability and shortening of deadlines do not apply
- to claims for damages and reimbursement of expenses by the customer,
- if the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification duties regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase ofadditional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.
9.9 The gift voucher will not be refunded if the customer returns goods paid for in whole or in part with the gift voucher within the scope of his statutory right of withdrawal.
10) Special offers, free items and discount promotions
10.1 The seller offers special promotions at irregular intervals, such as "3 for 2" offers, discount promotions or comparable promotions. Within the scope of such promotions, the customer may receive an item free of charge as an additional bonus ("free item"). The free item is granted as a voluntary, gratuitous additional service of the seller. A separate purchase contract for the free item is not concluded.
10.2 For free items provided free of charge, the seller assumes no warranty for material defects or other defect rights. The liability of the seller for damages caused intentionally or by gross negligence as well as in the event of injury to life, body or health remains unaffected by this.
10.3 If a free item is not available, the seller is entitled to provide an equivalent item instead or to proportionally reduce the value of the paid items. There is no claim to the delivery of a specific free item.
10.4 Returns and retention of title:
If one of the goods purchased within the framework of a "3 for 2" promotion is returned by the customer or the contract is revoked, the free item must also be returned completely and undamaged. The free item remains the property of the seller until the end of the withdrawal period or until the final conclusion of the contract.
Should the customer not return the free item or only partially return it, the seller is entitled to charge the value of the free item at the regular sales price or to deduct it from the refund amount.
10.5 Special promotions are limited in time and only apply while stocks last. A combination of several discount or promotional offers is excluded, unless expressly stated otherwise. The seller reserves the right to change, terminate or extend special promotions at any time.
10.6 Product quality / known properties
For certain articles, due to the production process, partial detachment of embroideries may occur in individual cases.
This property does not constitute a material defect within the meaning of the statutory warranty, provided it has been appropriately indicated in the product description.
By purchasing, the customer confirms that he has taken note of this special characteristic.
Warranty claims (supplementary performance, reduction, withdrawal, damages) due to this known and described product property are therefore excluded.