Terms of service

Table of Contents

• Scope
• Conclusion of Contract
• Right of Withdrawal
• Prices and Payment Terms
• Delivery and Shipping Terms
• Retention of Title
• Liability for Defects (Statutory Warranty)
• Liability
• Special Terms for the Processing of Goods According to Certain Customer Specifications
• Redemption of Promotional Vouchers
• Redemption of Gift Vouchers
• Applicable Law
• Alternative Dispute Resolution

1. Scope

1.1

These General Terms and Conditions (hereinafter “GTC”) of Oliver Ambrus, trading under “Oliver Ambrus – E-Commerce & Media” (hereinafter the “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or business customer (hereinafter the “Customer”) with the Seller in respect of the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

These GTC 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 predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4

A business customer 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 self-employed professional activity.

2. Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online store do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

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 completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that completes the order process. The Customer may also submit the offer to the Seller by email or via the online contact form.

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), whereby receipt of the order confirmation by the Customer is decisive;
• 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 submitted their order.

If several of the aforementioned alternatives occur, 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 upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4

If the Customer selects a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5

When ordering via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login details.

2.6

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 of better identifying input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7

Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller’s online store.

2.8

Order processing and contact generally take place by email and through 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 that address. In particular, where spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order 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 and include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2

The payment option(s) will be communicated to the Customer in the Seller’s online store.

4.3

If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.4

If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller makes an advance payment to the Customer (e.g. purchase on account or instalment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit assessment using the Customer data transmitted. The Seller reserves the right to refuse the Customer’s selected payment method if the result of the assessment is negative. 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 may make payment only to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5

If a payment method offered via the “Shopify Payments” payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online store. Shopify may use further payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.6

If a payment method offered via the “Google Pay” payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online store. Google may use further payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.7

If a payment method offered via the “Klarna” payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s relevant terms and conditions can be found here:

5. Delivery and Shipping Terms

5.1

Where the Seller offers shipping of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for processing the transaction. By way of exception, where the PayPal payment method is selected, 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 for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods where the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision set out in the Seller’s withdrawal policy regarding return costs shall apply.

5.3

If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, including where the Customer is a consumer, as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4

If the Customer is a consumer resident in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, 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 shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed without delay and any consideration already paid shall be refunded without delay.

5.5

Collection by the Customer is not possible for logistical reasons.

5.6

Vouchers are provided to the Customer as follows:

• by email

6. Retention of Title

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

7. Liability for Defects (Statutory Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of exception, the following applies to contracts for the delivery of goods:

7.1

If the Customer acts as a business customer:

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defect claims is one year from delivery of the goods;
• in the case of used goods, claims for defects are excluded;
• the limitation period does not begin again if a replacement delivery is made under the liability for defects.

7.2

The limitations of liability and reductions of time limits set out above do not apply:

• to claims by the Customer for damages and reimbursement of expenses;
• if the Seller has fraudulently concealed the defect;
• to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness;
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3

In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4

If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5

If the Customer acts as a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure by the Customer to do so shall have no effect whatsoever on the Customer’s statutory or contractual defect claims.

8. Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, statutory, including tortious, claims as follows:

8.1

The Seller shall be liable without limitation on any legal basis:

• in the event of intent or gross negligence;
• in the event of intentional or negligent injury to life, body, or health;
• on the basis of a guarantee promise, unless otherwise stipulated in this respect;
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2

If the Customer is a consumer resident in Germany or a business customer, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, the Seller’s liability is limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding provision. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, liability of the Seller is excluded unless the Seller is liable without limitation pursuant to the preceding provision.

8.3

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

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

9.1

If, according to the content of the contract, the Seller owes not only delivery of goods but also processing of the goods according to certain Customer specifications, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller and must grant the Seller the necessary rights of use. The Customer is solely responsible for obtaining and acquiring rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

9.2

The Customer shall indemnify the Seller against third-party claims that third parties may assert against the Seller in connection with an infringement of their rights through the Seller’s contractual use of the Customer’s content. The Customer shall also bear the necessary costs of legal defence, including all court costs and legal fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. If third parties assert claims, the Customer is obliged to provide the Seller without delay with all information necessary for examining the claims and mounting a defence, truthfully and in full.

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 public decency. This applies in particular where content is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifies violence.

10. Redemption of Promotional Vouchers

10.1

Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may only be redeemed in the Seller’s online store and only during the specified period.

10.2

Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.

10.3

Promotional Vouchers may only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4

Only one Promotional Voucher may be redeemed per order.

10.5

If the Promotional Voucher relates to a specific value and not to a percentage price reduction, 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.

10.6

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

10.7

The credit balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

10.8

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

10.9

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 verify the substantive entitlement of the respective voucher holder.

11. Redemption of Gift Vouchers

11.1

Vouchers that can be purchased through the Seller’s online store (hereinafter “Gift Vouchers”) may only be redeemed in the Seller’s online store unless otherwise stated in the voucher.

11.2

Gift Vouchers and remaining credit balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit balances will be credited to the Customer until the expiry date.

11.3

Gift Vouchers may only be redeemed before completion of the order process. Subsequent offsetting is not possible.

11.4

Gift Vouchers may only be used to purchase goods and not to purchase further Gift Vouchers.

11.5

If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

11.6

The credit balance of a Gift Voucher will neither be paid out in cash nor accrue interest.

11.7

The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online store. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder’s lack of entitlement, legal incapacity, or lack of authority of representation.

12. Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

13. Alternative Dispute Resolution

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