General Terms and Conditions with Customer Information

Last Update: 24. June 2024

Table of contents

• Validity of the GTC

• General Information on Offers and Orders

• Ordering Process and Conclusion of Contract

• Contract Text and Contract Language

• Customer Account

• Prices and Shipping Costs

• Payment Methods and Terms

• Purchase on account

• Delivery, Availability of Goods

• Sale of Vouchers

• Promotional vouchers

• Instructions on Withdrawal

• Warranty and Liability

• Codes of conduct

• Change of GTC

• Final provisions

• Dispute Resolution

1. Validity of the GTC

• The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Model Company X, Owner Max Model, Model Street 22, 04021 Model City (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.

• Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.

• All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.

• A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

• "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

• "Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.

• Regardless of the terminology used in the GTC, such as "Vendor", the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.

2. General Information on Offers and Orders

• The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.

• Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

• Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time,  as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

• By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

4. Contract Text and Contract Language

• The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.

• The contract languages are German and English, contracts can be concluded in these languages.

5. Customer Account

• The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.

• Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.

• Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.

• The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

• When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.

• Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.

• From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

6. Prices and Shipping Costs

• Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

• The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.

• In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.

7. Payment Methods and Terms

• Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.

• When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

• The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.

• If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").

• The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.

• Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.

• PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.

• PayPal Express - The customer pays the amount owed by means of the PayPal transaction.

• PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.

• In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").

• Cash payment upon collection of the goods - Payment is made in cash upon collection of the goods.

• Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.

• The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

8. Purchase on account

• If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

9. Delivery, Availability of Goods

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.

• If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.

• If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.

• Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

• If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

10. Sale of Vouchers

• These GTC apply accordingly to the sale of vouchers embodying material or monetary values.

• The ordered vouchers will be sent to the Customer at the e-mail address provided.

• The ordered vouchers will be sent to the Customer by postal mail to the specified delivery address.

11. Promotional vouchers

• "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.

• Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.

• Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.

• Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.

• Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.

• Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.

• If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.

• If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

12. Instructions on Withdrawal

• The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.

13. Warranty and Liability

• The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.

• In the case of used goods, the warranty of Customers who are entrepreneurs is excluded.This shortening of the time limit shall not apply in cases of fraudulent intent, intent, gross negligence, injury to life, limb and health, essential contractual obligations on which the fulfilment of the contract is based and on the fulfilment of which the Customer may rely (cardinal obligations) and in the event of the applicability of the product liability law as well as in the case of items which have been used for a building in accordance with their customary use and the defect has occurred in the building.

• The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.

• The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.

• The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

14. Codes of conduct

• The Vendor has agreed to be bound by the following code(s) of conduct.

• Google Customer Reviews Code of Conduct: https://support.google.com/merchants/topic/7105962.

15. Change of GTC

• The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.

• The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

16. Final provisions

• The legal relationship between the Vendor and the Customer, if the latter is an entrepreneur or a consumer who does not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and the delivery address are outside the European Union at the time of conclusion of the contract, shall be governed exclusively by the law of Switzerland to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

17. Dispute Resolution

• The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.

• We are willing to settle disputes with consumers at a consumer arbitration board.