Terms of service

Table of Contents

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  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Retention of title
  8. Warranty for Defects
  9. Special Conditions for Processing Goods According to Certain Specifications of the Customer
  10. Redemption of Promotional Vouchers
  11. Redemption of Gift Vouchers
  12. Applicable Law
  13. Alternative Dispute Resolution

 

  1. Scope

1.1 These general terms and conditions (hereinafter "GTC") of Patrick Horn (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC also apply to contracts for the provision of vouchers, unless otherwise specified.
1.3 These GTC also apply to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC means data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed 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 by the Seller, but rather 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 shop. After selecting the goods to be ordered and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer to the Seller by email.
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 email), 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 the order. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs for the first time. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 a rejection of the offer with the consequence that the Customer is no longer bound by his 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 referred to as "PayPal"), subject to the PayPal User Agreement, which can be viewed 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 and conditions for payments without a PayPal account, which can be viewed 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 already declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.
2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also places a payment order with Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking the button that completes the ordering process.
2.6 When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g., by email, fax or letter) after the customer has submitted his order. The seller does not make the contract text accessible beyond this.
2.7 Before submitting a binding 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 detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and communication are usually carried out by email and automated order processing. The customer must ensure that the email address he has provided for order processing is accurate so that he can receive emails sent by the seller. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with order processing by the seller can be delivered.

  1. 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 cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are located outside the European Union at the time of the conclusion of the contract.

  1. Prices and payment conditions
    4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value-added tax (VAT) is not shown, as the seller is a small business owner within the meaning of the German Value-Added Tax Act. Any additional delivery and shipping costs that may apply are separately indicated in the respective product description.
    4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfer 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 money transfers 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 shop.
    4.4 If payment is agreed in advance by bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
    4.5 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", authenticate himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
    4.6 If a payment method offered via the payment service "Shopify Payments" is selected, 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 will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and which may be separately notified to the customer. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
    4.7 If the payment method "Direct debit via Stripe" is selected, the payment transaction is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account after the customer has granted a SEPA direct debit mandate, but not before the deadline for advance notification on behalf of the seller has expired. Advance notification ("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 in the account or due to the provision of incorrect bank account details, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if the customer is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in the event of a negative credit check.
    4.8 If the payment method "Credit card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. The payment transaction will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "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 Shipment Conditions

    5.1 If the seller offers shipping of the goods, the delivery will 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 is binding for the transaction. However, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is binding.
    5.2 If the delivery of the goods fails due to 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 for the initial shipment if the customer effectively exercises their right of withdrawal. In the case of the return costs, the regulation provided in the seller's withdrawal policy shall apply if the customer effectively exercises their right of withdrawal.
    5.3 If the customer is acting as a business, the risk of accidental loss or deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or deterioration of the goods sold shall generally pass to the customer or a person entitled to receive the goods only upon delivery of the goods. However, if the customer has instructed 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, the risk of accidental loss or deterioration of the goods sold shall also pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment.
    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 care. The seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and any consideration paid will be refunded without delay.
    5.5 Self-collection is not possible for logistical reasons.
    5.6 Vouchers will be provided to the customer as follows:
    -via download
    -via email 5.7 Digital content will be provided to the customer as follows:
    -via download
    -via email

    1. Granting of Usage Rights for Digital Content
      6.1 Unless otherwise stated in the content description on the seller's online shop, the seller grants the customer the non-exclusive, unrestricted, and perpetual right to use the content for personal and commercial purposes.
      6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractually agreed license to the third party.
      6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has fully paid the agreed compensation. The seller may allow provisional use of the contractually agreed content before this time. Such provisional permission does not constitute a transfer of rights.
    2. Retention of title

    If the seller makes a prepayment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

    1. Warranty for defects

    8.1 Unless otherwise stated in the following regulations, the statutory warranty provisions apply. However, in contracts for the delivery of goods, the following shall apply:
    8.2 If the customer is acting as a business:
    -the seller has the choice of the type of subsequent performance;
    -for new goods, the limitation period for defects is one year from delivery of the goods;
    -rights and claims for defects are excluded for used goods;
    -the limitation period does not restart if replacement delivery is made under the warranty for defects.
    8.3 The liability limitations and deadline reductions specified above do not apply for claims for damages and reimbursement of expenses by the customer, if the seller has fraudulently concealed the defect, for goods that have been used in a building in accordance with their intended purpose and have caused its defectiveness, for any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
    8.4 In addition, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
    8.5 If the customer is a merchant within the meaning of § 1 HGB, the commercial duty of inspection and complaint according to § 377 HGB applies. If the customer fails to comply with the reporting obligations specified there, the goods are deemed approved.
    8.6 If the customer is a consumer, he/she is requested to report obvious transport damages to the carrier and inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty claims

    1. Special conditions for processing goods according to specific customer specifications

    9.1 If, according to the terms of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all the content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary usage rights. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller, and takes particular care to ensure that no third-party rights, in particular copyrights, trademarks, or personal rights, are infringed.
    9.2 The customer shall indemnify the seller against any claims by third parties that may arise from the contractual use of the customer's content by the seller that violate their rights. In this regard, the customer shall also bear the necessary costs of legal defense, including all court and attorney's fees, in accordance with the law. This shall not apply if the infringement of rights is not attributable to the customer. In the event of a claim by third parties, the customer is obliged to provide the seller with all information necessary for verifying the claims and for a defense, promptly, truthfully, and completely.
    9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or violates good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people, and/or glorifies violence.

    1. Redemption of promotional vouchers

    10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specified validity period and cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
    10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.
    10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent accounting is not possible.
    10.4 Only one promotional voucher can be redeemed per order.
    10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
    10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
    10.7 The credit of a promotional voucher will not be paid out in cash or interest-bearing.
    10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of revocation.
    10.9 The promotional voucher is transferable. The seller can fulfill his obligations towards the respective holder who redeems the promotional voucher in the seller's online shop with liberating effect. This shall not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder

    1. Redemption of gift vouchers

    11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise specified on the voucher.
    11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of voucher purchase. Any remaining balance will be credited to the customer until the expiration date.
    11.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
    11.4 Only one gift voucher can be redeemed per order.
    11.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.
    11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
    11.7 The balance of a gift voucher will not be paid out in cash or earn interest.
    11.8 The gift voucher is transferable. The seller can fulfill his obligations to the respective holder who redeems the gift voucher in the seller's online shop, provided that the seller has no knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representation authority of the respective holder.

    1. Applicable law

    12.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. This choice of law shall only apply to consumers to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
    12.2 Furthermore, this choice of law shall not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

    1. Alternative dispute resolution

    The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved