Table of Contents
- 1. Scope
- 2. Conclusion of Contract
- 3. Right of Withdrawal
- 4. Prices and Payment Terms
- 5. Delivery and Shipping Terms
- 6. Granting of Usage Rights for Digital Content
- 7. Contract Duration and Termination of Subscription Contracts
- 8. Retention of Title
- 9. Liability for Defects (Warranty)
- 10. Redemption of Promotional Vouchers
- 11. Redemption of Gift Vouchers
- 12. Applicable Law
- 13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Christoph Schütz, trading as "Inuvet" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby excluded unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise agreed.
1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC means data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally recognized partnership that, when entering into a legal transaction, acts in the course of its trade or self-employed professional activity.
1.6 Depending on the Seller's product description, the subject matter of the contract may be either the purchase of goods in a one-off delivery or the purchase of goods through continuous delivery (hereinafter "subscription contract"). Under the subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer at the contractually agreed time intervals for the duration of the agreed contract term.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as a basis for the Customer to make a binding offer.
2.2 The Customer may make the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also make the offer to the Seller by email, fax, post, or telephone.
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 the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives are available, the contract shall be concluded at the time when the first of the above alternatives occurs. 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 shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed by 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares that it accepts the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the Customer after the Customer has sent their order in text form (e.g., email, fax, or letter). No further provision of the contract text by the Seller shall take place. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the relevant login details.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process for as long as they like using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 German is available for the conclusion of the contract.
2.8 Order processing and communication generally take place by email and through automated order processing. The Customer must ensure that the email address they have provided for order processing is correct, so that emails sent by the Seller to this address can be received. 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 handle order processing 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 is set out in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the stated prices are gross prices that include statutory value added tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not attributable to the Seller and are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in respect of the transfer of funds 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 The payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which the Customer may be separately advised of. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of return shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provision made in the Seller's withdrawal policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding this, the risk of accidental loss or accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, even for consumers, if the Customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment to carry out the shipment and the Seller has not previously designated this person or entity to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific supply contract with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the Customer as follows:
- by email
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive, unlimited geographical and temporal right to use the provided content for private and commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the contractually agreed license to the third party.
6.3 To the extent that the contract relates to the one-time provision of digital content, the grant of rights shall only become effective once the Customer has paid the owed remuneration in full. The Seller may also temporarily permit the use of the contractually agreed content before this time. Such temporary permission does not constitute a transfer of rights.
7) Contract Duration and Termination of Subscription Contracts
7.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be reasonably expected by the terminating party.
7.2 Terminations must be made in writing or in text form (e.g., by email).
8) Retention of Title
If the Seller provides advance payment, it retains ownership of the delivered goods until full payment of the owed purchase price has been received.
9) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, for contracts for the supply of goods:
- 9.1 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance;
- 9.2 The above-stated limitations of liability and shortened time limits do not apply
10) Redemption of Promotional Vouchers