Terms of service

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. Defect Liability (Warranty)
  8. Special Conditions for Processing of Goods According to Customer Specifications
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Daniela Ploetz (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business entity (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 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 independent professional activity.

1.4 A business entity within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts 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 shop do not constitute binding offers by the Seller but are intended to make a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, makes 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 via email or through the online contact form to the Seller.

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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs for the first time. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends on 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 as a rejection of the offer, with the consequence 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 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 "PayPal"), in accordance with the PayPal Terms of Use, 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 - in accordance with the terms 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, 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 submitting an offer through the Seller's online order form, the text of the contract will be saved by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller will not provide access to the contract text beyond this. If the Customer has set up a user account on the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge by providing the corresponding login details.

2.6 Before bindingly submitting the order through the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors may be to use the browser's zoom function to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 German and English languages are available for the conclusion of the contract.

2.8 Order processing and communication usually occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct 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 for order processing can be delivered.

3) 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 withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be separately indicated in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If prepayment via bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered by "PayPal," payment processing is carried out via PayPal, and PayPal may also use the services of third-party payment service providers for this purpose. If the Seller offers payment methods where the Seller advances the payment (e.g., invoice purchase or installment payment), the Seller assigns the payment claim to PayPal or to the payment service provider named by PayPal and specified to the Customer. Before accepting the assignment of the Seller's claim, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method in case of a negative credit 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, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawals, and credits, even in the event of the assignment of claims.

4.5 When selecting a payment method offered by "Shopify Payments," 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 other payment services for payment processing, for which special payment terms may apply and to which the Customer may be separately referred. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address provided in the Seller's order processing is authoritative for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result of this. This shall not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. The provisions of the Seller's withdrawal policy shall apply to the return costs if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is acting as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, provided that the Customer has commissioned the carrier, freight forwarder, or other person or institution to carry out the shipment and the Seller has not previously informed the Customer of this.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer shall be informed promptly, and the consideration shall be reimbursed immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Warranty (Liability for Defects)

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

7.2 If the Customer is acting as a business entity,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for defects in new goods is one year from the date of delivery of the goods;
  • rights and claims for defects in used goods are excluded;
  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The liability limitations and shortened deadlines stipulated above 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 normal 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.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to fulfill these reporting obligations, the goods are considered approved.

7.6 If the Customer is acting as a consumer, the Customer is requested to report obvious transport damage to the carrier and notify the Seller thereof upon delivery of the goods. Failure by the Customer to comply with this request has no effect on the Customer's statutory or contractual warranty claims.

8) Special Conditions for the Processing of Goods According to Specific Customer Specifications

8.1 If, according to the contract, the Seller is obligated to provide not only the delivery of goods but also the processing of the goods according to specific instructions from the Customer, the Customer must provide the Seller with all content necessary for the processing, such as text, images, or graphics, in the file formats, formats, image sizes, and file sizes specified by the Seller, and grant the necessary usage rights for this purpose. The Customer is solely responsible for the procurement and acquisition of the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller and ensures that no third-party rights, including copyright, trademark, and personality rights, are violated.

8.2 The Customer indemnifies the Seller from any claims by third parties that may arise in connection with an infringement of their rights due to the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate, in this regard. This shall not apply if the Customer is not responsible for the legal violation. In the event of a claim by third parties, the Customer is obligated to provide the Seller with all information necessary for examining the claims and mounting a defense, promptly, truthfully, and in full.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering young people, and/or glorifying violence.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller as part of promotions 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 during the specified period.

9.2 Individual products may be excluded from the voucher promotion, as indicated in the content of the Promotional Voucher.

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

9.4 Multiple Promotional Vouchers can be redeemed for a single order.

9.5 The total order value must be at least equal to the value of the Promotional Voucher. Any remaining balance 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 selected to settle the difference.

9.7 The balance of a Promotional Voucher will not be paid out in cash or bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under the statutory right of withdrawal.

9.9 The Promotional Voucher is intended for use only by the person named on it. Transferring the Promotional Voucher to third parties is not permitted. The Seller is entitled but not obligated to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 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 in the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiration date.

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

10.4 Multiple Gift Vouchers can be redeemed for a single order.

10.5 Gift Vouchers can only be used to purchase goods and not for purchasing additional Gift Vouchers.

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 can be selected to settle the difference.

10.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.

10.8 The Gift Voucher is intended for use only by the person named on it. Transferring the Gift Voucher to third parties is not permitted. The Seller is entitled but not obligated to verify the material entitlement of the respective voucher holder.

11) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court dispute resolution in online purchase or service contracts in which a consumer is involved.

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