AGB

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Defect Liability (Warranty)
  8. Redemption of Promotional Vouchers
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application                                                                                                                                 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Artur Müller, trading under "haendmedown" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented 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 enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract                                                                                                                           

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, 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 respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by email, online contact form, postal mail, or telephone to the Seller.

2.3 The Seller can accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or order confirmation in text form (fax or email), 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 payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer 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 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, 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 When an offer is submitted via the Seller's online order form, the text of the contract 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 Customer has submitted his order. 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 his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account, specifying the corresponding login data. 2.6 Before the binding submission of the order via the online order form of the Seller, 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, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop. 2.8 Order processing and communication usually take place by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that, if SPAM filters are used, all emails sent by the Seller or by third parties commissioned with 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.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union. 

4) Prices and Payment Conditions

4.1 Unless otherwise indicated in the Seller's product description, the prices stated are total prices. Value-added tax is not shown, as the Seller is a small business owner within the meaning of the German Sales Tax Act (UStG). Additionally incurred delivery and shipping costs will be separately specified in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that are to be borne by the Customer. These may include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties and taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers 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 advance payment by bank transfer is agreed, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When choosing a payment method offered via "PayPal," the payment processing is carried out through PayPal, with PayPal also able to use the services of third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller makes an advance payment (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or 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 conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer's selected payment method 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, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations, and credits.

4.6 When selecting the payment method "SOFORT," the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT," the Customer must have an online banking account that is activated for participation in "SOFORT," authenticate himself 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 payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.

4.7 When selecting a payment method offered through "Shopify Payments," the 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 through Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply and to which the Customer may be separately notified. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.8 When selecting a payment method offered through "Stripe," the 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 through Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply and to which the Customer may be separately notified. Further information about Stripe can be found on the Internet at https://stripe.com/de.

4.9 When selecting the payment method "SEPA Direct Debit," the invoice amount becomes due after the issuance of a SEPA Direct Debit mandate, but not before the expiration of the deadline for the advance information for payment. The direct debit is carried out when the ordered goods leave the Seller's warehouse, but not before the expiration of the deadline for the advance information. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer that announces a charge by SEPA Direct Debit. If the direct debit is not honored due to insufficient account coverage or due to incorrect bank details, or if the Customer objects to the debit even though he is not entitled to do so, the Customer is responsible for the fees incurred by the return debit of the respective credit institution, provided that he is responsible for this. The Seller reserves the right to carry out a credit check and to reject this payment method in the case of negative credit check results when selecting the payment method "SEPA Direct Debit."

4.10 When selecting the payment method "SEPA Direct Debit," the invoice amount becomes due after the issuance of a SEPA Direct Debit mandate, but not before the expiration of the deadline for the advance information for payment. The direct debit is carried out when the ordered goods leave the Seller's warehouse, but not before the expiration of the deadline for the advance information. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer that announces a charge by SEPA Direct Debit. If the direct debit is not honored due to insufficient account coverage or due to incorrect bank details, or if the Customer objects to the debit even though he is not entitled to do so, the Customer is responsible for the fees incurred by the return debit of the respective credit institution, provided that he is responsible for this.

4.11 When selecting the payment method "PayPal Direct Debit," PayPal debits the invoice amount after the issuance of a SEPA Direct Debit mandate, but not before the expiration of the deadline for advance information on behalf of the Seller from the Customer's bank account. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the Customer that announces a charge by SEPA Direct Debit. If the direct debit is not honored due to insufficient account coverage or due to incorrect bank details, or if the Customer objects to the debit even though he is not entitled to do so, the Customer is responsible for the fees incurred by the return debit of the respective credit institution, provided that he is responsible for this. 

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. Regarding return shipping costs, the regulations made in the Seller's withdrawal policy apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is acting 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 carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has instructed the carrier, freight forwarder, or other person or institution 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-supply. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete cover transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed promptly, and the consideration will be reimbursed immediately.

5.5 If the Seller offers the option to pick up the goods, the Customer can collect the ordered goods within the Seller's specified business hours at the address provided by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payments, the Seller reserves ownership of the delivered goods until the full payment of the purchase price owed.

7) Defect Liability (Warranty)

Unless otherwise stated in the following regulations, the statutory defect liability provisions apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is acting as a business entity,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from the delivery of the goods;
  • for used goods, rights and claims for defects are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of defect liability.

7.2 If the Customer is a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following section: The limitation period for defect claims is one year from the delivery of the goods if this has been expressly and separately agreed upon between the parties and the Customer has been expressly informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above liability limitations and shortening of periods do not apply

  • for damages and reimbursement claims of the Customer,
  • in the event of fraudulent concealment of defects by the Seller,
  • for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business entities, the statutory limitation periods for any existing legal recourse claims remain unaffected.

7.5 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial duty of examination and notification according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.6 If the Customer is a consumer, they are requested to complain to the delivery service about obvious transport damages and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their legal or contractual warranty claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period and provided free of charge that 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 Promotional Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion if such a restriction arises from the content of the Promotional Voucher.

8.4 Promotional Vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.

8.5 Multiple promotional vouchers can be redeemed in a single order.

8.6 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.

8.7 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.

8.8 The credit of a Promotional Voucher will not be paid out in cash or bear interest.

8.9 The Promotional Voucher is not refunded if the Customer returns the goods paid for in full or in part using the Promotional Voucher within the scope of their statutory right of withdrawal.

8.10 The Promotional Voucher is only intended for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obligated, to check the material entitlement of the respective voucher holder.

9) Applicable Law

9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law does not apply to consumers who are not members of a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address is outside the European Union.

10) Alternative Dispute Resolution

10.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

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