General Terms and Conditions with Customer Information

 

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Liability

  9. Special Conditions for the Processing of Goods According to Customer Specifications

  10. Redemption of Promotional Giftcards

  11. Redemption of Giftcards

  12. Applicable Law

  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (“GTC”) of Jan Vogel, trading under “GutscheinWERFT” (hereinafter the “Seller”), apply to all contracts for the supply of goods that a consumer or business (hereinafter the “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of Giftcards, unless otherwise regulated in this respect.

1.3 These GTC apply accordingly to contracts for the supply of tickets, unless something different is expressly regulated in this respect. These GTC govern only the sale of tickets for specific events described in more detail in the Seller’s item description, and not the performance of these events. The performance of the events is governed exclusively by the statutory provisions in the relationship between the participant and the organizer and, where applicable, by any differing terms of the organizer. If the Seller is not also the organizer, the Seller is not liable for the proper performance of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.5 A business 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 exercise of their trade or self-employed 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 to enable 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. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for 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 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 the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the day the offer was sent. 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 result 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 is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement 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 terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the order process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), subject to the Amazon Payments Europe User Agreement available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online order process, by clicking the button that concludes the order process the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the button that concludes the order process.

2.6 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 sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text available beyond this.

2.7 Before submitting the order in a binding manner via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that concludes the order process.

2.8 The language available for concluding the contract is German.

2.9 Order processing and contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided by them 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 to process orders 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 indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

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

4.3 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, which may use the services of third-party payment service providers for this purpose. If, via PayPal, the Seller also offers payment methods in which the Seller provides advance performance to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller’s assignment declaration, 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 result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can discharge their payment obligation only to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general Customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes.

4.4 If a payment method offered via the “mollie” payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (“mollie”). The individual payment methods offered via mollie are communicated to the Customer in the Seller’s online shop. For processing payments, mollie may use additional payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on “mollie” is available online at https://www.mollie.com/de/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If 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 outbound shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s withdrawal policy shall apply.

5.3 If the Customer is acting as a business, 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 carrier, the freight forwarder, or any other person or institution designated to carry out shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, even for consumers 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 carrier, the freight forwarder, or any other person or institution designated to carry out shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution designated to carry out shipment, and the Seller had 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 non-delivery is not attributable to the Seller and the Seller, with due diligence, has concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Giftcards are provided to the Customer as follows:
– by download
– by email
– by post

5.7 Tickets are provided to the Customer as follows:
– by download
– by email
– by post

6) Retention of Title

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

7) Liability for Defects (Warranty)

Unless otherwise stipulated below, the statutory provisions on liability for defects apply. Deviating therefrom, the following applies to contracts for the supply of goods:

7.1 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;
– for used goods, rights and claims due to defects 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 liability limitations and shortening of periods set out above do not apply
– to the Customer’s claims for damages and reimbursement of expenses,
– if the Seller has fraudulently concealed the defect,
– to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
– to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

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

8.1 The Seller is liable without limitation, on any legal basis,
– 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, insofar as nothing to the contrary is regulated in this regard,
– on the basis of 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 liability is unlimited pursuant to the foregoing 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 makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

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

9.1 If, under the contract, in addition to supplying goods the Seller also owes the processing of the goods in accordance with certain Customer specifications, the Customer must provide the Seller with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring rights to such content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, the Customer must ensure that no third-party rights are infringed thereby, especially copyrights, trademark rights, and personality rights.

9.2 The Customer shall indemnify the Seller against claims by third parties which such third parties may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement of rights. In the event of claims being asserted by third parties, the Customer is obliged to provide the Seller without delay, truthfully, and completely with all information required for the examination of the claims and for a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular in the case of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifies violence.

10) Redemption of Promotional Giftcards

10.1 Giftcards issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Giftcards”) can be redeemed only in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from the Giftcard promotion if such a restriction results from the content of the Promotional Giftcard.

10.3 Promotional Giftcards can be redeemed only before completing the order process. Retroactive offsetting is not possible.

10.4 Multiple Promotional Giftcards can also be redeemed in a single order.

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

10.6 If the value of the Promotional Giftcard is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The balance of a Promotional Giftcard will neither be paid out in cash nor bear interest.

10.8 The Promotional Giftcard will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Giftcard within the scope of their statutory right of withdrawal.

10.9 The Promotional Giftcard is intended solely for use by the person named on it. Transfer of the Promotional Giftcard to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective Giftcard holder.

11) Redemption of Giftcards

11.1 Giftcards that can be purchased via the Seller’s online shop (hereinafter “Giftcards”) can be redeemed only in the Seller’s online shop, unless otherwise stated on the Giftcard.

11.2 Giftcards and remaining balances of Giftcards can be redeemed until the end of the third year after the year in which the Giftcard was purchased. Remaining balances will be credited to the Customer until the expiry date.

11.3 Giftcards can be redeemed only before completing the order process. Retroactive offsetting is not possible.

11.4 Multiple Giftcards can also be redeemed in a single order.

11.5 Giftcards can be used only for the purchase of goods and not for the purchase of additional Giftcards.

11.6 If the value of the Giftcard is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The balance of a Giftcard will neither be paid out in cash nor bear interest.

11.8 The Giftcard is transferable. The Seller may render performance with debt-discharging effect to the respective holder who redeems the Giftcard in the Seller’s online shop. This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the lack of authorization, legal incapacity, or lack of representative authority of the respective holder.

12) Applicable Law

All legal relationships between the parties shall be 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 is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Alternative Dispute Resolution

13.1 The EU Commission provides an online dispute resolution (ODR) platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.

Copyright notice: These GTC were created by the specialized attorneys of IT-Recht Kanzlei under DOC-ID: ##ITK-9bf819459e46724050bfea9ad2867fcd## and are protected by copyright (https://www.it-recht-kanzlei.de)

Last updated: 17 February 2025