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General terms and conditions with customer information
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Contents
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1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. granting rights of use for digital content
7. retention of title
8. liability for defects (warranty)
9. applicable law
10. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Daniel Csobot, trading under “csobot” (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 conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of digital content, these General Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.4 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and made available by the Seller under the granting of certain rights of use regulated more precisely in these GTC.
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 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. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing 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 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 payment from the customer after placing his order.
If several 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 acceptance of the offer begins on the day after the dispatch of the offer by the customer 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 consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the payment method “PayPal Express” is selected, the payment shall be processed via 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”), in accordance with 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 – in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the method of payment within the framework of the online order process, he also issues a payment order to PayPal by clicking on the button completing the order process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the point in time at which the Customer initiates the payment process by clicking the button completing the order process.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after dispatch of the customer’s order. The seller shall not make the contract text accessible beyond this.
2.6 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.7 The order processing and establishment of contact usually take place via 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
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 will be stated separately in the respective product description.
4.2 For 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 the transfer of money by 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 funds 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 payment is made by means of a payment method offered by PayPal, the payment shall 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 of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method “IMMEDIATELY” is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “IMMEDIATELY”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, legitimise himself accordingly during the payment process and confirm the payment order to “IMMEDIATELY”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/
4.6 If the payment method “Purchase on account” 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 7 (seven) days of receipt of the invoice, 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 indicated 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.
4.7 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 expiry of the period for prior information. The direct debit shall be collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the period for preliminary information. Pre-notification is any message (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to a lack of sufficient account coverage 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 shall bear the fees resulting from the reversal of the debit entry by the respective credit institution if he is responsible for this.
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed 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 debited immediately after the customer has placed his order in the online shop. The provider remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.
5) Delivery and dispatch conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
– per Download
– by e-mail
6) Granting of 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, unlimited in time and place, to use the content provided for private and business purposes.
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 only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
7) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr