General Terms and Conditions with Customer Information

 

Table of Contents

1. Scope of Application
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. Redemption of Campaign Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Click it Remarketing GmbH (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise regulated. In addition to the delivery of the goods, the Seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

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 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 contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer’s offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. 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. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the 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 Terms of Use, viewable 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, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer’s offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is saved by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax or letter) after the Customer has sent his order. Any further accessibility of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the 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 browser’s enlargement function, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct, so that the 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 with order processing can be delivered.

 

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices that include the statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.

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

4.3 When selecting a payment method offered via the “PayPal” payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal in which he makes advance payments to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim 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 check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative test result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes.

 

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by a forwarding agent, delivery is “free curbside”, i.e., to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller’s cancellation policy applies if the Customer effectively exercises the right of withdrawal.

5.4 If the Customer acts as an entrepreneur, 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 forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon handover of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 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 non-delivery is not the responsibility of the Seller 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 non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed immediately.

5.6 Self-collection is not possible for logistical reasons.

 

6) Retention of Title

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

 

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts 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 again if a replacement delivery is made within the framework of liability for defects.

7.2 The liability limitations and shortening of periods regulated above do not apply to claims for damages and reimbursement of expenses by the Customer, in the event that the Seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their usual use and have caused its defectiveness, as well as for any existing obligation of the Seller to provide updates for digital products.

7.3 Furthermore, for entrepreneurs, 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 § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer does not comply with this, this has no effect on his statutory or contractual defect claims.

 

8) Liability

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

8.1 The Seller is liable without limitation for any legal reason

• 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 regulated in this regard,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above liability regulations also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

 

9) Redemption of Campaign Vouchers

9.1 Vouchers that are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and that cannot be purchased by the Customer (hereinafter “Campaign Vouchers”), can only be redeemed in the Seller’s online shop and only in the specified period.

9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the Campaign Voucher.

9.3 Campaign Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Only one Campaign Voucher can be redeemed per order.

9.5 Insofar as the Campaign Voucher refers to a specific value and not to a percentage price reduction, the value of the goods must at least correspond to the amount of the Campaign Voucher. Any remaining credit will not be reimbursed by the Seller.

9.6 If the value of the Campaign Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The credit of a Campaign Voucher is neither paid out in cash nor does it earn interest.

9.8 The Campaign Voucher will not be reimbursed if the Customer returns the goods paid for in whole or in part with the Campaign Voucher within the framework of his statutory right of withdrawal.

9.9 The Campaign Voucher is only intended for use by the person named on it. A transfer of the Campaign Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

 

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. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has his registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is entitled in any case to call the court at the Customer’s place of business.

 

12) Code of Conduct

– The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

 

13) Alternative Dispute Resolution

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