Table of contents

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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipment
6. Retention of title
7. Liability for defects (warranty)
8. Redemtipon of promotional vouchers
9. Redemptin of gift vouchers
10. Applicable law
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter „Terms and Conditions“) of Wystrychowski & Wystrychowski GbR (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 presented by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly provided.
1.3 Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction 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 store do not constitute 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 store. 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or by e-mail.
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), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
- by requesting the Customer to make payment after the Customer has submitted his order.
If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be 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: „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 for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects „PayPal Express“ as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button concluding the ordering process.
When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller’s online order form, the Customer can recognize 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by him for order processing is accurate, 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 by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of 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 store.
4. 4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, 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: „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.
4.6 If the payment method „SOFORT“ is selected, the payment will be processed via 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 online banking account with PIN/TAN procedure that has been activated for participation in „SOFORT“, must legitimize himself accordingly during the payment process and must confirm the payment instruction to „SOFORT“. The payment transaction will be executed immediately afterwards by „SOFORT“ and the customer’s bank account will be debited. More detailed information on the payment method „SOFORT“ can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service „Shopify Payments“ is selected, the payment transaction is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: „Shopify“). The individual payment methods offered via Shopify will be communicated to the customer in the seller’s online store. To process payments, Shopify may use other payment services, for which special payment terms may apply, to which the customer may be informed separately. Further information on „Shopify Payments“ is available on the Internet at https://www.shopify.de/payments.
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns its payment claim secupay AG shall collect the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be charged immediately after the customer’s order has been sent in the online store. Even if the payment method credit card payment via secupay AG is selected, the Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
4.9 If the payment method credit card via Wirecard is selected, the payment shall be processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the Seller assigns its payment claim. Wirecard Bank AG collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card shall be charged immediately after the customer’s order has been sent via the seller’s online store. Even if the credit card payment method via Wirecard is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 DSGVO in the context of processing credit card payments at https://www.wirecardbank.de/DSGVO.

5) Delivery and shipping terms

5.1 5.1 The delivery of goods is made by shipping 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 shall be decisive.
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 the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable prior notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the Customer, the provision made in this regard in the Seller’s revocation instructions shall apply to the return costs.
5.3 In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.4 Vouchers will be given to the customer as follows:
- by e-mail
- by mail
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6) Retention of title

If the seller makes advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter „Promotion Vouchers“) can only be redeemed in the Seller’s online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the Promotion Voucher.
8.3 Promotion Vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.
8.4 Several promotional vouchers can also be redeemed for one order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance shall not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased through the Seller’s online store (hereinafter „Gift Vouchers“) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.
9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the Voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order at any time.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9. 6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10) 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 purchase of movable goods. In the case of consumers, this choice of law shall only apply 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.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.