General terms and conditions with customer information

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Table of contents

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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
8. Liability
9. Indemnification in the event of violation of third party rights
10. Applicable Law
11. Code of Conduct
12. Note on OS platform

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of the shop operator Alexander Pachmann (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") has with the seller with regard to the information presented by the seller in his online shop goods and/or services. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of 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 rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into 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 contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes 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,

- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), 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 asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in 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 If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.

2.5 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

2.8 Only the German language is available for concluding the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order 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 the order can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. 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 stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are specified in the seller's online shop.

4.4 If you select the payment method “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 subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, requires that the customer opens a PayPal account or already has such an account.

4.5 Instant transfer

We also offer instant transfer. Herewith we receive the transfer credit immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Using Sofort AG's secure payment form, which is not accessible to merchants, instant transfer automatically places a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the retailer's bank account. When choosing the payment method

Instant transfer, a pre-filled form opens at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every internet user can use instant transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und- Answeren/

4.6 Self-collection

In principle, you have the option of picking up your goods from our partner in the Goethe University campus shop (Campus Westend, Theodor-W.-Adorno-Platz 5, 60323 Frankfurt am Main, Germany) during the following business hours: Mon - Fri from 9 a.m. to 6 p.m. (Different opening times possible during the semester-free period!) You can find further information here: https://www.uni-frankfurt.de/53318049/Campus-Shop

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. 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 service offered, unless the seller informs him the service had been announced 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 passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight 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 goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment 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 delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover 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 refunded immediately.

5.5 Collection from the seller is not possible for logistical reasons.

6) Retention of title

6.1 The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 The seller reserves title to the delivered goods towards entrepreneurs 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 normal course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority 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, does not default on payments and no application has been filed to open insolvency proceedings.

7) Liability for defects

If there is a defect in the purchased item, the statutory regulations apply. Deviating from this, the following applies to items that were not used for a building in accordance with their normal use and that caused its defects:

7.1 For entrepreneurs

- an insignificant defect generally does not give rise to any claims for defects,

- the seller has the choice of the type of supplementary performance,

- For new goods, the limitation period for defects is one year from the transfer of risk.

- In the case of used goods, rights and claims due to defects are fundamentally excluded.

- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 For consumers, the limitation period for claims for defects is

- for new goods, two years from delivery of the goods to the customer.

- for 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 limitations on liability and limitation periods in Section 7.1 and Section 7.2 do not refer 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 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting 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 with this, this will have no impact on his legal or contractual claims for defects.

7.7 If the subsequent fulfillment takes place by way of replacement delivery, the customer is obliged to return the goods that were first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with legal regulations.

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 restriction for any legal reason

- in the event of intent or gross negligence,

- in the event of negligent or intentional injury to life, body or health,

- based on 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 violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with Section 8.1. 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 enables the proper execution of the contract in the first place and on whose compliance the customer can 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 liability of the seller for his vicarious agents and legal representatives

9) Indemnification in the event of violation of third party rights

If, according to the content of the contract, in addition to the delivery of the goods, the seller is also responsible for processing the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer releases the seller from claims by third parties that they may 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 appropriate costs of the necessary legal defense including all court and legal fees at the statutory rate. 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 provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.

10) Applicable Law

10.1 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in 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 is based 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 arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

11) Note on OS platform

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks