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 Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Certain Customer Specifications
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Alexander Metzger (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or 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 by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. 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.

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 e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby 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 exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the close 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 to be 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, payment processing takes place via 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 terms of use, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes 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 is sent to the customer in text form (e.g. by e-mail, fax or letter) after the customer has placed the order. Any further access to the contract text by the seller is not provided. If the customer has set up a user account in the seller’s online shop before submitting the 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 entering the relevant login data.

2.6 Before submitting the binding order via the seller’s online order form, the customer can recognize any possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions as long as they have not clicked the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails 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 are generally entitled to a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the seller's instructions on withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the seller and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also apply with regard 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 a payment method offered via the payment service "Shopify Payments" is selected, 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 are communicated to the customer in the seller's online shop. For payment processing, Stripe may use other payment services for which special payment conditions may apply, and the customer will be informed separately if applicable. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the transaction processing, the delivery address specified in the seller's order processing is decisive. However, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer must bear the reasonable costs incurred by the seller as a result. This does not apply to the cost of sending the goods if the customer effectively exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the regulation regarding return costs set out in the seller's instructions on withdrawal applies.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss or 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 or accidental deterioration of the sold goods generally passes to the customer or an authorized recipient only upon delivery of the goods. However, by way of exception, the risk of accidental loss or accidental deterioration of the sold goods also passes to the customer, even if they are 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, if the customer has commissioned this person or institution to carry out the shipment and the seller has not previously named 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-supply. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and any counter-performance will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller makes an advance delivery, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the statutory provisions on liability for defects apply. By way of deviation, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting 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;
• for used goods, defect rights are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and reductions of limitation periods do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in cases where the seller has fraudulently concealed the defect,
• for goods that, according to their usual use, have been used for a building 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, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB applies. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.5 If the customer is acting as a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in cases 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 an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is provided for in accordance with the above clause. Essential contractual obligations are duties imposed on the seller by the contract for the achievement of the contract's purpose, whose fulfillment enables proper execution of the contract in the first place and upon which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability regulations also apply to the liability of the seller for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer requirements in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer must ensure that no third-party rights are infringed, especially copyright, trademark, and personal rights.

9.2 The customer shall indemnify the seller against claims from third parties that may be asserted against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all statutory court and attorney fees. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully, and fully with all information required for the examination of the claims and for defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends against decency. This applies especially in the case of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, endangers youth, and/or glorifies violence.

10) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative dispute resolution

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