Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for Repair Services
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Fischer, acting under "Andreas Fischer" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC 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

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of 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 shop. In doing so, 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 regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller via email.

2.3 The Seller may accept the Customer's offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, insofar as receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, insofar as receipt of goods by the Customer is decisive, or
• by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is 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, the 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 (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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after their order has been sent. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify potential 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 their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing 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 Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply are 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 If a payment method offered via the "PayPal" payment service is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal where the Seller provides advance performance to the Customer (e.g., purchase on account or installment payment), the Seller assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and deliveries of withdrawal, or credit notes.

4.4 If a payment method offered via the "Stripe" payment service is selected, the payment is processed via 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 Stripe will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de.

4.5 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days from the date of the invoice, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the Customer is permitted to use the purchase on account payment method after checking their creditworthiness, the payment is processed in cooperation with Klarna AB, to whom the Seller assigns his payment claim. In this case, the Customer can only make payment to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the ordering process. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

4.6 If the payment method "PayPal Invoice" is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the "PayPal Invoice" payment method to the Customer in the event of a negative check result. If the "PayPal Invoice" payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies another payment term. In this case, they can only make payment to PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and deliveries of withdrawal, or credit notes. Additionally, the General Terms of Use for the use of PayPal's purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer must bear the fees arising from the chargeback by the respective credit institution if they are responsible for this.

4.8 If the payment method Direct Debit via Stripe is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer must bear the fees arising from the chargeback by the respective credit institution if they are responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.

4.9 If the payment method Credit Card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of the goods, 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.

5.2 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 with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy applies to the return costs.

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 freight forwarder, the carrier, or the person or institution otherwise designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally 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 sold goods passes to the Customer even for consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to execute the shipment, if the Customer commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to execute the shipment with the execution and the Seller did not previously name 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-delivery. This only applies if the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance deliveries, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• defect rights are excluded for used goods;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and shortening of deadlines do not apply

• to 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 customary manner of use and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Sec. 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects pursuant to Sec. 377 HGB. If the Customer fails to meet the notification obligations regulated therein, the goods are deemed to be approved.

7.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable for any legal reason

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• on the basis of 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 material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability on the part of the Seller is excluded.

8.4 The aforementioned liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Special Conditions for Repair Services

If the Seller owes the repair of a Customer's item according to the content of the contract, the following applies:

9.1 Repair services are provided at the Seller's premises.

9.2 The Seller shall provide his services at his discretion either in person or through qualified personnel selected by him. In doing so, the Seller may also use the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to carry out the desired service.

9.3 The Customer must provide the Seller with all information required for the repair of the item, provided that its procurement does not fall within the Seller's scope of duties according to the content of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform him of all circumstances that may be the cause of the identified defect.

9.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's registered office at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer immediately about obvious transport damages so that the Customer can assert any existing rights against the carrier.

9.5 The return of the item is at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller's place of business. At the Customer's request, the Seller will take out transport insurance for the item.

9.6 The aforementioned provisions do not limit the statutory defect rights of the Customer in the event of the purchase of goods from the Seller.

9.7 For defects in the repair service provided, the Seller is liable in accordance with the provisions of statutory liability for defects.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued by the Seller free of charge within the framework of promotional campaigns with a specific validity period 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.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction is derived from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.7 The balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.

10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for entirely or partially with the Promotional Voucher within the scope of their statutory right of withdrawal.

10.9 The Promotional Voucher is only intended for use by the person named on it. A transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) 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 insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.