Terms and Conditions
General Terms and Conditions with Customer Information
Table of contents
- Scope
- Contract conclusion
- Right of withdrawal
- Prices and payment terms
- Delivery and Shipping Conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Applicable law
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Jakob Spering, acting under "Jakob Spering" (hereinafter "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 conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can place the order using the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes 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), 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 the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the expiration 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the 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"), under the applicable PayPal terms of use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the submission of his order. There is no further accessibility of the contract text by the seller.
2.6 Before the binding submission of the 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 to better detect input errors can be the browser's zoom 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 completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place by 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 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 instructions.
4) Prices and payment terms
4.1 Unless otherwise stated in the product description of the seller, 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 UStG. Any additional delivery and shipping costs will be specified 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 When selecting a payment method offered via the payment service "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 via Shopify Payments are communicated to the customer in the seller's online shop. For payment processing, Stripe may use other payment services, for which special payment conditions may apply, which the customer may be separately informed about. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
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 carrier, freight forwarder, or other person or institution 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 upon delivery 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 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 commissioned the carrier, freight forwarder, or other person or institution 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-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-pickup is not possible for logistical reasons.
6) Retention of title
If the seller advances payment, they reserve ownership of the delivered goods until full payment of the purchase price owed.
7) Warranty liability (guarantee)
Unless otherwise specified in the following provisions, the provisions of statutory warranty apply. Deviating from this, in contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects is one year from delivery of the goods for new goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.
7.2 The liability limitations and time reductions regulated above do not apply
- for claims of the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any possible obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated according to the preceding clause. Significant contractual obligations are those obligations that the contract imposes on the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.
8.3 Furthermore, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for its agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu
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.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.