Terms of service
Table of contents
1. scope of application
2. Conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and shipment
6. granting of rights of use for digital content
7. Retention of title
8. liability for defects (warranty)
9. applicable law
10. alternative dispute resolution
>1) scope of application
1. 1 These General Terms and Conditions of Business (hereinafter "GTC") of Patrick Pauliner (hereinafter "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods displayed by the Seller in his online store. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or independent professional activity. An entrepreneur within the meaning of these GTCs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
1.4 Digital content within the meaning of these GTCs is all data not contained on a physical data carrier that is produced in digital form and made available by the Seller by granting certain rights of use that are more precisely regulated in these GTCs.
>>br />>span>2) Conclusion of contract
>span>2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but are intended for the submission of a binding offer by the customer.
>span>2.2 The customer may submit the offer using the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
>span>2.3 The Seller may accept the offer of taccept the customer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), the receipt of the order confirmation by the customer being decisive, or by delivering the ordered goods to the customer, the receipt of the goods by the customer being decisive, or by requesting payment from the customer after the customer has placed his order.
2.4 If an offer is submitted using the Seller's online order form, the text of the contract shall be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will 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 prior to submitting his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.5 Before submitting a binding 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 enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 For the Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, if SPAM filters are used, 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.
>br />>span>3) Right of revocation
>span>3.1 Consumers are generally entitled to a right of revocation. 3.2 Further information on the right of revocation is contained in the Seller's instructions on the right of revocation.4) Prices and Terms of Payment >/span>
>>span>4) Prices and Terms of Payment >/span>
>>span>4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value-added tax is not shown, as the Seller is a small business within the meaning of the VAT Act. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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.
>span>4.3 The customer will be informed of the payment option(s) in the seller's online store.
>span>4.4 If prepayment has been made by Bank transfer has been agreed upon, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.
4.6 If the payment method "IMMEDIATELY" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "IMMEDIATELY", identify himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. The customer can find more detailed information on the payment method "IMMEDIATELY" on the Internet at https://www.klarna.com/sofort/.
4.7 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the Seller. 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 honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the relevant bank if he is responsible for this.
>>span>5) Delivery and shipping conditions
>span>5.1 Unless otherwise agreed, goods shall be delivered by mail to the delivery address provided by the Customer. In the processing of the transaction, the delivery address specified in Seller's order processing shall be decisive.
5.2 If the transport company returns the shipped goods to Seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the In the event of effective exercise of the right of revocation by the customer, the provision made for this in the seller's revocation instructions shall apply.
5.3 It is not possible to collect the goods yourself for logistical reasons.
>>>span>6) Granting of rights of use for digital content
>>span>6) 1 Unless otherwise stated in the DeepL description in the Seller's online store, the Seller grants the Customer the non-exclusive right to use the content provided for private and business purposes, unlimited in terms of time and place.
6.2 Passing on the contents to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the license that is the subject of the contract to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit use of the contents of the contract prior to this date. Such provisional permission shall not result in a transfer of rights.
7) Retention of title
If the Seller makes advance payment, it shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 The customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to notify the seller thereof. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
9) Applicable law
>All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only 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.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec. europa.eu/consumers/odr
>span>This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
>span>10.2 The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.