Terms and Conditions
§1 scope
1.1 These general terms and conditions (hereinafter "GTC") of Alexander Leyser (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online shop the goods and / or services shown. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
§2 conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the seller by email.
2.3. The seller can accept the customer's offer within five days,
a) by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
b) by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
c) by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. 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 result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller.
2.6 Before the binding submission of the order using the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
The translation into English on this website and in the online shop is a voluntary, additional service provided by the seller to the customer, but without any legal impact on the conclusion of the contract. The seller therefore assumes no liability and / or responsibility for the completeness of the translations into the English language, as well as possible translation errors into the English language or missing or incorrect formulations in the English language.
2.8 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the 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 with the order processing can be delivered.
§3 right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
§4 prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are gross prices, including statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 The customer has various payment options available, which are specified in the seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.4 If cash on delivery has been agreed, payment is due immediately in cash upon delivery
4.5 If cash payment has been agreed upon collection, payment is due immediately in cash upon collection of the goods
4.6 If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https: // www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.7 Credit card: When paying by credit card, payment is processed by Stripe Payments Europe, Ltd. (“Stripe”). Further information can be found on the Stripe websites. When paying by credit card, the contract is concluded at the time the credit card is charged.
4.8 SOFORT by Klarna
After placing the order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards by Sofort and your account is debited.
4.9 Giropay
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
4.10 Alexander Leyser reserves the right to exclude certain types of payment in individual cases.
§5 delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the performance a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed 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-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
§6 retention of title
6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been fully paid.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application has been made to open insolvency proceedings.
§7 liability for defects
If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies to items that have not been used for a building in accordance with their normal use and have caused its defectiveness:
7.1 For entrepreneurs
- if an insignificant defect does not justify any claims for defects
-The seller has the choice of the type of supplementary performance
-The limitation period for defects for new goods is one year from the transfer of risk.
- In the case of used goods, the rights and claims due to defects are fundamentally excluded
-The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers
is the limitation period for claims for defects
in the case of new goods, two years from delivery of the goods to the customer.
in the case of used goods, one year from delivery of the goods to the customer, with the restriction of Section 7.3.
7.3 For entrepreneurs and consumers, the above liability and limitation period limitations in Section 7.1 and Section 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert in accordance with the statutory provisions due to defects in accordance with Section 8.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the event of willful breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
7.7 If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 30 days at the seller's expense. The return of the defective goods must take place in accordance with the statutory provisions.
§8 liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller has unlimited liability for any legal reason
in the event of intent or gross negligence
in the event of negligent or willful 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 foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 8.1. Essential 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 enables the proper execution of the contract in the first place and on which the customer can regularly rely.
8.3 Any other liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
§9 Exemption in case of violation of third party rights
If, according to the content of the contract, the seller owes the processing of the goods in addition to the delivery of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the seller by him for processing does not infringe the rights of third parties (e.g. copyrights or Trademark rights). The customer exempts the seller from claims by third parties that they can assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
§10 Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.