General Terms and Conditions with Customer Information

General Terms and Conditions with Customer Information
Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Liability

9. Redemption of promotional vouchers

10. Applicable law

11. Code of conduct

12. Alternative dispute resolution

13. Scope of application
    1.1 These General Terms and Conditions (hereinafter “GTC”) of Marcin Robert Lubinski (hereinafter “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter “you”), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless otherwise agreed with you.
    1.2 You are considered a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly not attributable to your commercial or self-employed professional activity.
    1.3 You are considered an entrepreneur within the meaning of these GTC if, when concluding a legal transaction, you act in the exercise of your commercial or self-employed professional activity as a natural or legal person or as a legally capable partnership.

14. Conclusion of contract
    2.1 The product descriptions contained in our online shop do not constitute binding offers from us, but serve for you to submit a binding offer.
    2.2 You can submit an offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.
    2.3 We may accept your offer within five days by

• sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by you is decisive, or
• delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
• requesting payment from you after submitting your order.
  If several of the above alternatives occur, the contract is concluded at the time when the first alternative occurs. The period for accepting your offer begins on the day after you submit your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within this period, this is considered a rejection of the offer, and you are no longer bound by your declaration of intent.
  2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under the PayPal Terms of Use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if you do not have a PayPal account, under the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal during the online ordering process, we hereby declare acceptance of your offer at the moment you click the button that completes the ordering process.
  2.5 When submitting an offer via our online order form, the contract text will be stored by us after conclusion of the contract and transmitted to you in text form (e.g., email, fax, or letter). No further access to the contract text is provided by us. If you created a customer account in our online shop before submitting your order, your order data will be archived on our website and can be accessed free of charge via your password-protected customer account.
  2.6 Before placing the binding order via our online order form, you can identify possible input errors by carefully reviewing the information displayed on the screen. A useful technical method may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries at any time during the electronic order process using standard keyboard and mouse functions until you click the button that concludes the ordering process.
  2.7 The German language is available for concluding the contract.
  2.8 Order processing and contact usually take place by email and automated order processing. You must ensure that the email address provided by you for order processing is correct so that emails sent by us can be received. In particular, you must ensure that, when using SPAM filters, all emails sent by us or by third parties commissioned by us to process the order can be delivered.

3. Right of withdrawal
   3.1 Consumers generally have a statutory right of withdrawal.
   3.2 More detailed information on the right of withdrawal can be found in our Cancellation Policy.
4. Prices and payment terms
   4.1 Unless otherwise stated in our product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs will be shown separately in the product description.
   4.2 The available payment methods will be communicated to you in our online shop.
   4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless a later due date has been agreed.
5. Delivery and shipping conditions
   5.1 If we offer the dispatch of goods, delivery is made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address stated in the order process is decisive.
   5.2 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us. This does not apply regarding the costs for the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provision specified in our Cancellation Policy applies.
   5.3 If you act as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as we have handed over the goods to the carrier, freight forwarder, or the person or institution otherwise responsible for the shipment. If you act as a consumer, the risk only passes upon handing over the goods to you or an authorized recipient. By way of exception, the risk passes earlier if you have commissioned the carrier and we did not previously inform you of this person or institution.
   5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and any payment refunded without delay.
   5.5 Self-collection is not possible for logistical reasons.
6. Retention of title
   If we provide goods in advance, we retain ownership of the delivered goods until full payment of the purchase price.
7. Liability for defects (warranty)
   Unless otherwise stated below, the statutory provisions regarding liability for defects apply.
   Deviating from this, the following applies to contracts for the delivery of goods:
   7.1 If you act as an entrepreneur:

• we may choose the type of subsequent performance,
• the limitation period for defect claims for new goods is one year from delivery of the goods,
• defect claims for used goods are excluded,
• the limitation period does not start anew if a replacement delivery is made.
  7.2 If you act as a consumer, the following applies for used goods: the limitation period for defect claims is one year from delivery of the goods, provided this has been expressly and separately agreed and you were informed of the shortened limitation period before submitting your contractual declaration.
  7.3 The above limitations and exclusions do not apply
• to your claims for damages and reimbursement of expenses,
• if we fraudulently concealed the defect,
• to goods that are used in accordance with their usual use for a building and cause its defectiveness,
• to our obligation, if applicable, to provide updates for digital products in goods with digital elements.
  7.4 For entrepreneurs, statutory recourse claims remain unaffected.
  7.5 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to inspect and report defects in accordance with § 377 HGB. If you fail to comply, the goods are deemed approved.
  7.6 If you act as a consumer, you are requested to report goods delivered with obvious transport damage to the carrier and inform us. Failure to do so has no effect on your statutory or contractual warranty rights.

8. Liability
   We are liable to you under all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
   8.1 We are liable without limitation

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• in the event of a guarantee, unless otherwise regulated,
• in cases of mandatory liability, such as under the Product Liability Act.
  8.2 If we negligently breach an essential contractual obligation, liability is limited to foreseeable, contract-typical damage, unless we are liable without limitation under section 8.1. Essential contractual obligations are obligations that the contract imposes on us according to its content and whose fulfillment is necessary to achieve the contractual purpose and on whose fulfillment you regularly rely.
  8.3 Otherwise, liability is excluded.
  8.4 The above liability provisions also apply to our legal representatives and agents.

9. Redemption of promotional vouchers
   9.1 Vouchers issued by us free of charge within promotional campaigns and with a specific validity period (hereinafter “promotional vouchers”) cannot be purchased and may only be redeemed in our online shop within the specified period.
   9.2 Promotional vouchers may only be redeemed by consumers.
   9.3 Individual products may be excluded if this is stated on the voucher.
   9.4 Promotional vouchers must be redeemed before completing the order. They cannot be credited retroactively.
   9.5 Only one promotional voucher can be redeemed per order.
   9.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded.
   9.7 If the value of the promotional voucher is insufficient to cover the order, you may choose one of the other payment methods offered by us to pay the difference.
   9.8 Voucher credit is neither paid out in cash nor does it earn interest.
   9.9 The promotional voucher is not refunded if the goods paid for with the voucher are returned under your statutory right of withdrawal.
   9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the voucher to third parties is not permitted. We are entitled, but not obliged, to verify the voucher holder’s entitlement.
10. Applicable law
    The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the laws on the international sale of goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn.
11. Code of conduct
    We have submitted to the Trusted Shops quality criteria, which are available on the internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
12. Alternative dispute resolution
    We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.