1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Samuel Schmidt (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 A trader pursuant to these 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 independent professional activity.
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. By clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client's offer within five days by transferring a written order confirmation, by delivering ordered goods, or by requesting the Client to pay after placing the order. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by 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.
2.5 If the Client chooses "Amazon Payments" as payment method during the online ordering process, the Seller declares his acceptance of the Client's offer at the time when the Client initiates the payment transaction.
2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form after the order has been sent.
2.7 Prior to submitting a binding order, the Client may recognize input errors by reading attentively the information displayed on the screen. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process.
2.8 The German and the English language are exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address provided for the order processing is accurate.
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller's instruction on cancellation.
3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4.1 Unless otherwise stated in the product description, prices indicated are total prices. Value Added Tax (VAT) is not charged because the Seller, as a small entrepreneur, is exempt from VAT. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client (e.g. transfer fees, import duties or taxes).
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date.
4.5 If a payment method offered via "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers.
4.6 When choosing a payment method offered via "Shopify Payments", payment will be processed via Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client exercises his right to cancel effectively.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Client by download or by e-mail.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability, he shall inform the Client and grant counterperformance immediately.
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7.1 Unless otherwise stipulated, the provisions of the statutory liability for defects shall apply.
7.2 If the Client acts as trader: the Seller may choose the type of subsequent performance; for new goods, the limitation period for claims for defects shall be one year from delivery; for used goods, the rights and claims for defects are excluded.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply to claims for damages and reimbursement of expenses of the Client, if the Seller has fraudulently concealed the defect, or for any existing obligation of the Seller to provide updates for digital products.
7.4 For traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB), he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB.
7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly.
The Seller is liable to the Client for all contractual, quasi-contractual and legal claims for damages as follows:
8.1 The Seller is liable without limitation in the event of intent or gross negligence; in the event of intentional or negligent injury to life, body or health; due to a guarantee promise; or due to mandatory liability such as under the German Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable.
8.3 Otherwise, liability on the part of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
9.1 Vouchers which can be purchased via the Seller's online shop can only be redeemed in the Seller's online shop, unless otherwise stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client's voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the Consumer has his habitual residence.
10.2 With regard to the statutory right of cancellation, this choice of law 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 place of residence and delivery address are outside the European Union.
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.