AGB's
General Terms and Conditions with Customer Information
Table of contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Jakob Spering, operating under the name "Jakob Spering" (hereinafter the "Seller"), apply to all contracts for the delivery of goods entered into between the Seller and a consumer or entrepreneur (hereinafter the "Customer") with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.
2) Conclusion of the contract
2.1 The product descriptions in the seller's online shop do not constitute binding offers by the seller, but are intended to enable the customer to submit a binding offer.
2.2 The customer may submit an offer using 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 for the goods in the shopping cart by clicking the button that completes the order 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 email), in which case receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by asking the customer to pay after they have 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 period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the day on which the offer was sent. 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 result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is 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: “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com
2.5 When an offer is submitted via the seller's online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g., by email, fax, or letter) after the customer submits their order. The seller does not make the contract text available in any other way.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. One effective technical means of better identifying input errors may 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 German is available for concluding the contract.
2.8 Orders are generally processed and communications handled by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about 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. VAT is not shown because the seller is a small business within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs are stated separately in the relevant product description.
4.2 The available payment method(s) will be displayed to the customer in the seller's online store.
4.3 If the customer selects a payment method offered through the "Shopify Payments" payment service, 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"). The individual payment methods offered through Shopify Payments are displayed to the customer in the seller's online store. Stripe may use additional payment services to process payments, which may be subject to special payment terms that may be separately brought to the customer's attention. Further information about "Shopify Payments" is available online at https://www.shopify.com
5) Delivery and Shipping Terms
5.1 If the seller offers to ship the goods, delivery shall 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 system shall be authoritative for processing the transaction.
5.2 If 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 shipping the goods to the customer if the customer validly exercises their right of withdrawal. If the customer validly exercises their right of withdrawal, the seller's withdrawal instructions shall govern the return shipping costs.
5.3 If the customer acts as a business, the risk of accidental loss of or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss of or accidental damage to the goods sold generally passes only when the goods are handed over to the customer or a person authorized to receive them. By way of exception, even for consumers, the risk of accidental loss of or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller did not previously identify that person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract if it is not correctly or properly supplied. This applies only if the failure to deliver is not the seller’s responsibility and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed without delay and any payment made will be refunded without delay.
5.5 For logistical reasons, customer pickup is not possible.
6) Retention of title
If the seller performs in advance, the seller reserves ownership of the delivered goods until the purchase price due has been paid in full.
7) Liability for defects (warranty)
Unless otherwise provided in the following provisions, the statutory rules on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller may choose the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made under the liability for defects.
7.2 The above limitations of liability and reductions of limitation periods do not apply
- for the customer’s claims for damages and reimbursement of expenses,
- if the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused it to be defective,
- any obligation the seller may have to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.
7.4 If the customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification requirements set out there, the goods are deemed to have been approved.
7.5 If the customer is a consumer, they are asked to report goods delivered with obvious transport damage to the delivery person and notify the seller. Failure to do so 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 on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- due to a guarantee, unless otherwise provided in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the preceding section. Material contractual obligations are those which the contract, by its terms, imposes on the seller to achieve the purpose of the contract, whose fulfillment is necessary for the proper performance of the contract, and on whose compliance the customer may regularly rely.
8.3 In all other respects, the seller’s liability is excluded.
8.4 The above liability provisions also apply to the seller’s liability for its vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany applies 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 insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
10.1 The European Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.