Terms of service
General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redeeming of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1. 1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Phaedera UG (haftungsbeschränkt) (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. Hereby, the inclusion of the Customer's own terms and conditions is 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 are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning 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 their commercial or independent professional activity.
2) Conclusion of contract
2. 1 The product descriptions contained in the online store of the seller do not represent 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 online store of the seller. 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 contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by e-mail, by post or by online contact form to the seller.
2. 3 The seller can accept the offer of the customer 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 is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after submission of his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned 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, which follows 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 is no longer bound by his declaration of intent.
2.5 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 relevant login data.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify 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 via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or 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 information on the right of withdrawal can be found in the cancellation policy of the seller.
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 VAT. If applicable, additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For 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 be incurred in relation to the transfer of funds even 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 is / are communicated to the customer in the online store of the seller.
4. 4 If prepayment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "Shopify Payments" 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 Shopify Payments are communicated to the Customer in the Seller's online store. For the processing of 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 "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping terms
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive..
5.2 If the 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 with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in the cancellation policy of the seller in this regard.
5.3 Self-collection is not possible for logistical reasons.
5. 4 Vouchers are given to the customer as follows:
- per e-mail
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 If the customer is acting as a consumer, he 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 has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8. 1 If, according to the content of the contract, the Seller owes, in addition to the delivery of the goods, also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth endangering and/or violence glorifying content.
9) Redemption of promotional vouchers
9. 1 Vouchers that are 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 "promotional vouchers") can only be redeemed in the online store of the seller and only in the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completion of the order process. A subsequent offset is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 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.
9.6 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.
9.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.8 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.
9.9 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 check the material eligibility of the respective voucher holder.
10) Redemption of gift vouchers
10. 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.
10.2 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.
10.3 Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Multiple gift certificates can also be redeemed for one order.
10.5 Gift certificates can only be used for the purchase of goods and not for the purchase of additional gift certificates.
10. 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.
10.7 The balance of a Gift Voucher will not be paid out in cash nor will it accrue interest.
10.8 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.
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 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.
12) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to apply to the court at the Customer's place of business.
13) Alternative Dispute Resolution
13.1 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.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.