Terms of service
General terms and conditions with customer information
Table of Contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Applicable Law
- place of jurisdiction
- Alternative Dispute Resolution
- Conditions for FREE additions
1.1These general terms and conditions (hereinafter "GTC") of EinsPlusVier GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller's online Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4Entrepreneur within the meaning of these terms and conditions 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 independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2The customer can submit the offer via the online order form integrated in 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3The 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 email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 result that the customer is no longer bound by his declaration of intent.
2.5If you select the "Amazon Payments" payment method, the payment will be processed via 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, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.6When 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 order has been sent. The seller does not make the contract text 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7Before submitting the 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8German and English are available for the conclusion of the contract.
2.9The order processing and contact usually takes 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 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 to process the order can be delivered.
3) Right of Withdrawal
3.1In principle, consumers are entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2For 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 banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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.
4.3The payment option(s) will be communicated to the customer in the seller's online shop.
4.4If you select the "SOFORT" payment method, the payment will be processed 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 activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/ recall.
4.5If you select a payment method offered via the "Shopify Payments" payment service, the payment 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 seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available.
4.6If you select a payment method offered via the "Klarna" payment service, the payment will be processed 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:
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2If 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5Pickup is not possible for logistical reasons.
5.6Vouchers are provided to the customer as follows:
- per Download
- by E-Mail
6) Retention of title
6.1In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
6.2In relation to entrepreneurs, the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
7.2The limitations of liability and shortening of deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.5If the customer acts as a consumer, he is asked 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, this has no effect whatsoever on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8.3Incidentally, a liability of the seller is excluded.
8.4The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
10.2Promotional vouchers can only be redeemed by consumers.
10.3Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
10.4Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.5Only one promotional voucher can be redeemed per order.
10.6The 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.
10.7If 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 selected to settle the difference.
10.8The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
10.9The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.10The promotional voucher is transferrable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11) Redeeming Gift Certificates
11.1Vouchers 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.
11.2Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
11.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.4Only one gift voucher can be redeemed per order.
11.5Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
11.6If 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.
11.7The balance of a gift voucher is neither paid out in cash nor does it earn interest.
11.8The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
12) Governing Law
12.1The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
14) Alternative Dispute Resolution
14.1The 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
15) Conditions for FREE additions
First place the items you want in the shopping cart. During the runtime of a bonus campaign, when the minimum purchase value is reached, the bonus article can be selected in the pop-up. The following general conditions apply to campaign-related gifts / extras:
- You can only receive one gift/FREE gift per order.
- The offer of a promotion-related gift/FREE bonus cannot be combined with voucher promotions.
- It is not possible to exchange items for a refund of the regular purchase price of the item.
- Campaigns with campaign-related gifts have a minimum purchase value, which is always specified with the offer of the gift.
- Minimum purchase value ("from a minimum purchase value of ...") means that a valid purchase contract for this amount - even after a possible exercise of your right of cancellation - must come about and be carried out. If the purchase value of your order is reduced by exercising a right of cancellation / by a return below the respective minimum purchase value, it is not possible to grant the extras/additions for this purchase. In these cases, the extras/additional items must therefore be sent back with the return of the goods. In this respect, the provisions of the instructions on the right of withdrawal apply.
- Bonus promotions have a limited period of validity, which is also specified with the promotion of the bonus promotion. The period of validity is often limited to one campaign day. The bonus can no longer be granted for purchases made outside the promotional period. An extension is not possible.