General terms and conditions with customer information.
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Cancellation of promotional vouchers
- Relief of gift vouchers
- Applicable law
- Alternative dispute resolution
1. 1 These General Terms and Conditions (hereinafter “AGB”) of Hansjörg Schäfer, acting under “Sail & Art Hansjörg Schäfer” (hereinafter “Seller”), apply fü These Terms and Conditions shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented by the Seller in its online store. Hereby, the inclusion of the customer’s own terms and conditions is objected to, unless otherwise agreed.
1.2 Für contracts über the delivery of vouchers apply these terms and conditions accordingly, unless insofar something different is expressly regulated.
1.3 For contracts über die Lieferung von Tickets gelten diese AGB entsprechend, sofern insoweit nicht ausdrüclich etwas Abweichendes geregelt ist. These General Terms and Conditions shall only govern the sale of tickets for specific events described in more detail in the Seller’s item description and not the performance of such events. The performance of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.4 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed neither to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership, which acts in the conclusion of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online store of the seller 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 üvia the online order form integrated into the online store of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case 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 exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fünfte day, which follows the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 If the payment method “Amazon Payments” is selected, the payment processing üabout the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already now declares the acceptance of the offer of the customer at the time when the customer clicks the button to complete the order process the payment process.
2.6 When submitting an offer üvia the online order form of the seller, the contract text is stored after the conclusion of the contract by the seller and the customer after sending his order in writing (eg e-mail, fax or letter) übermittelt. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store 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 relevant login data.
2.7 Before binding submission of the order üvia the online order form of the seller, 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries in the context of the electronic ordering process über the üblichen keyboard and mouse functions until he clicks the button completing the ordering process.
2.8 For the conclusion of the contract, the German and English languages are available.
2.9 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order 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.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are located outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. If necessary, additional delivery and shipping costs are indicated separately in the respective product description.
<4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission if the delivery is not made 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 store.
4.4 If the payment method „SOFORT“ is selected, the payment will be processed üvia the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account activated for participation in „SOFORT“, identify himself accordingly during the payment process and confirm the payment instruction to „SOFORT“. The payment transaction will be carried out immediately afterwards by „SOFORT“ and the customer’s bank account will be debited. More information on the payment method „SOFORT“ can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.5 If the payment method purchase on account via Unzer is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter „Unzer“) within 14 (fourteen) days from receipt of the invoice without any deductions. The payment method “purchase on account” requires a successful credit check by Unzer. If the customer is allowed to use the payment method purchase on account after the creditworthiness has been checked, the payment shall be processed in cooperation with Unzer, to which the seller shall assign his payment claim. In this case, the customer may only make payment to Unzer with debt-discharging effect. The Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method of purchase on account via Unzer is selected.
The payment method purchase on account via Unzer is excluded,
– if the order value falls below the amount of 25.00 euros,
– if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
– if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method purchase on account via Unzer only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online store of a corresponding payment restriction.
4.6 If the payment method direct debit via Unzer is selected, the payment shall be processed üvia the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter „Unzer“), to which the Seller assigns his payment claim. Before accepting the Seller’s declaration of assignment, Unzer shall carry out a credit check using the customer data provided. The Seller reserves the right to refuse the Customer the payment method direct debit via Unzer in the event of a negative test result. If the payment method direct debit via Unzer is permitted by Unzer, Unzer shall collect the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective bank as a result of the direct debit if he is responsible for this.
The payment method direct debit via Unzer is excluded,
– if the order value falls below the amount of 25.00 euros,
– if the delivery address specified by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
– if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method direct debit via Unzer only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online store of a corresponding payment restriction.
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is maßgeblich. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment at PayPal is applicable.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the seller’s cancellation policy shall apply to the costs of return.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers will be left with the customer as followsü
- by e-mail
5.5 Tickets shall be left with the Customer as follows
– by e-mail
6) Retention of title
If the seller makes advance performance, he reserves the right to ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Einlösung of action vouchers
8. 1 Vouchers, which are issued free of charge by the seller in the context of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter “promotion vouchers”), can only be redeemed in the online store of the seller and only in the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
8.4 Promotion vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional 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.
8.8 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the Seller’s online store (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.
9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift certificates can only be used for the purchase of goods and not for the purchase of additional gift certificates.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.7 The balance of a gift voucher will not be paid out in cash nor will it earn interest.
9.8 The gift certificate is ütransferable. The Seller may make payments with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.
10) Applicable law
10.1 For all legal relations between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.
11) Alternative dispute resolution
11.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.