General Terms and Conditions with Customer Information
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Table of Contents
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Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Contract Duration and Termination for Subscription Contracts
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Code of Conduct
Alternative Dispute Resolution
Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Tori Tierwelt GbR (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.3 An entrepreneur in the sense of 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 their commercial or independent professional activity.
1.4 The subject of the contract can be – depending on the Seller’s product description – both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed time intervals.
Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer 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 can 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), 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 requesting the Customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of 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. 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 When selecting a payment method offered by PayPal, the 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 (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available 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 in the online ordering process, the Seller hereby declares the acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. 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 by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the Seller’s online order form, 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, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is accurate so that 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.
Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the seller’s product description, the prices shown are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after contract conclusion, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service “PayPal” is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where the seller advances payment to the customer (e.g. purchase on account or installment payment), the seller assigns its payment claim to PayPal or to the payment service provider specifically named to the customer and commissioned by PayPal. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in case of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes.
4.5 If the payment method “SOFORT” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. More information about the “SOFORT” payment method can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service “Stripe” is selected, the payment is processed via 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 Stripe will be communicated to the customer in the seller’s online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, to which the customer may be separately referred. Further information about Stripe is available on the Internet at https://stripe.com/de.
4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.
Delivery and Shipping Conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.
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 as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises his right of withdrawal, the provision made in the seller’s cancellation policy applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer, even for consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated 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 self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with due diligence. 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 without delay.
5.5 Self-collection is not possible for logistical reasons.
Contract Duration and Termination for Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
6.2 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 terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Terminations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination device (termination button) provided by the seller on his website.
Retention of Title
If the seller makes an advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
Liability for Defects (Warranty)
Unless otherwise stated in the following regulations, the provisions of the statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, the rights and claims for defects are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this has been expressly and separately agreed between the parties and the customer has been specifically informed of the shortening of the limitation period before submitting his contractual declaration.
8.3 The above limitations of liability and shortening of deadlines do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.6 If the customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, it has no effect on his statutory or contractual claims for defects.
Applicable Law
The law of the Federal Republic of Germany shall apply 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 state in which the consumer has his habitual residence.
Code of Conduct
The seller has submitted to the terms of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase 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.