Terms & Conditions
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ses Talaioles GmbH, with its registered office at Alter Wall 12, 20457 Hamburg (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to 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 within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning 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 his commercial or self-employed professional activity.
2. 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 in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five working 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 is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be 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 with the expiry 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. 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 shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.5 The German, Spanish and English languages are available for the conclusion of the contract.
2.6 The customer must ensure that the information provided by him for order processing (e.g. name, address, e-mail address, bank details, etc.) is true. We must be informed of any changes without delay.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that e-mails sent by the seller can be received at the e-mail address provided. 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.
2.8 In the case of an order for alcoholic beverages, the Customer confirms by submitting the order that he has reached the minimum age required by law. The Seller reserves the right to check the age of the Customer.
2.9 If, after conclusion of the contract, we determine that we are permanently unable to deliver ordered goods for reasons for which we are not responsible (e.g. due to force majeure, non-delivery despite timely reordering), we may withdraw from the contract. In this case we will inform you immediately and refund any payments already made.
3. Right of withdrawal
3.1 The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
3.2 To exercise your right of withdrawal, you must inform us (Ses Talaioles GmbH, e-mail: eshop@sestalaioles.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. an e-mail). You can use the attached model cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.3 Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
3.4 For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
3.5 You must return the goods without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
IWS Transporte GmbH
- Lager Ses Talaioles -
Hauptstrasse 10-12
25497 Prisdorf bei Pinneberg
Germany
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
3.6 Model cancellation form
If you wish to revoke the contract, please complete this form and return it to: eshop@sestalaioles.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) * Address of consumer(s) Signature of consumer(s) (only for communication on paper) Date __________ (*) Delete where inapplicable.
4. Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. The prices are quoted in euros.
4.2 Any additional delivery and shipping costs will be stated separately in the respective product description.
4.3 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 are to be borne by the Customer. These include, for example, costs for the transfer 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 the transfer of funds 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.
4.4 The payment options are communicated to the customer in the Seller's online shop.
PayPal
After confirming the purchase, you will be redirected to PayPal, where you will be asked to pay. Only then is the purchase completed.
Direct debit
Your EC card will be debited upon completion of the order. The payment is processed via PayPal. However, you do not need a PayPal account.
Credit card
Your credit card account will be charged when you complete your order. The payment will be processed via PayPal, but you do not need a PayPal account.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of dispatch of the goods. You can find the invoice conditions here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee%3D0
Sofortüberweisung: Your account will be debited immediately after placing the order.
The use of the payment methods invoice and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
General information about Klarna can be found here: https://www.klarna.com/de/
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations. You can find this here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
Privacy policy
In order to be able to offer you Klarna's payment options, we will transmit personal data, such as contact details and order data, to Klarna. This enables Klarna to assess whether you can use the payment options offered via Klarna and to adapt the payment options to your needs.
General information about Klarna can be found here: https://www.klarna.com/de/
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy - which can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
FAQ's Klarna purchase on account
https://www.klarna.com/de/kundenservice/csc/rechnung/
FAQ's Klarna Pay now
https://www.klarna.com/de/kundenservice/csc/sofort-bezahlen/
5. Delivery and shipping conditions
5.1 Delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. In the case of an order placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive. We do not deliver to packing stations.
5.2 If 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.
5.3 If the customer is acting as a businessman, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
6. Retention of title and assignment of claims
6.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). The customer shall remain authorised to collect the claims even after the assignment of the goods to third parties. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the customer meets his payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7. Warranty and guarantees
7.1 Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
7.2 For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
7.3 If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
7.4 The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, insofar as agreed insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
8. Liability
8.1 For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
8.2 In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Protection of minors
If your order includes goods, the sale of which is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.
11. redemption of promotional codes and vouchers
11.1 Vouchers and discount promotions can only be redeemed in the Seller's online shop, unless otherwise stated.
11.2 Vouchers and discount codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.3 Only one voucher or discount code can be redeemed per order. They cannot be combined with each other.
11.4 Vouchers and discount codes can only be used for the purchase of goods. The credit balance of a voucher is neither paid out in cash nor does it earn interest.
11.5 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.
11.6 Remaining credit cannot be credited to the customer.
12. personal data
The data provided will be collected, stored and used exclusively for purposes relevant to the conclusion and execution of the contractual relationship, including the activities set up by the Seller for contact, acquisition, management and execution of orders, formalisation, management and control of the relationship with the Customer, as well as for the fulfilment of administrative, legal or tax requirements and obligations relating to the orders placed by the Customer.
13. final provisions
13.1 If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ses Talaioles GmbH, with its registered office at Alter Wall 12, 20457 Hamburg (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to 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 within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning 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 his commercial or self-employed professional activity.
2. 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 in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five working 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 is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be 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 with the expiry 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. 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 shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.5 The German, Spanish and English languages are available for the conclusion of the contract.
2.6 The customer must ensure that the information provided by him for order processing (e.g. name, address, e-mail address, bank details, etc.) is true. We must be informed of any changes without delay.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that e-mails sent by the seller can be received at the e-mail address provided. 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.
2.8 In the case of an order for alcoholic beverages, the Customer confirms by submitting the order that he has reached the minimum age required by law. The Seller reserves the right to check the age of the Customer.
2.9 If, after conclusion of the contract, we determine that we are permanently unable to deliver ordered goods for reasons for which we are not responsible (e.g. due to force majeure, non-delivery despite timely reordering), we may withdraw from the contract. In this case we will inform you immediately and refund any payments already made.
3. Right of withdrawal
3.1 The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
3.2 To exercise your right of withdrawal, you must inform us (Ses Talaioles GmbH, e-mail: eshop@sestalaioles.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. an e-mail). You can use the attached model cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.3 Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
3.4 For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
3.5 You must return the goods without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
IWS Transporte GmbH
- Lager Ses Talaioles -
Hauptstrasse 10-12
25497 Prisdorf bei Pinneberg
Germany
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
3.6 Model cancellation form
If you wish to revoke the contract, please complete this form and return it to: eshop@sestalaioles.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) * Address of consumer(s) Signature of consumer(s) (only for communication on paper) Date __________ (*) Delete where inapplicable.
4. Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. The prices are quoted in euros.
4.2 Any additional delivery and shipping costs will be stated separately in the respective product description.
4.3 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 are to be borne by the Customer. These include, for example, costs for the transfer 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 the transfer of funds 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.
4.4 The payment options are communicated to the customer in the Seller's online shop.
PayPal
After confirming the purchase, you will be redirected to PayPal, where you will be asked to pay. Only then is the purchase completed.
Direct debit
Your EC card will be debited upon completion of the order. The payment is processed via PayPal. However, you do not need a PayPal account.
Credit card
Your credit card account will be charged when you complete your order. The payment will be processed via PayPal, but you do not need a PayPal account.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of dispatch of the goods. You can find the invoice conditions here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee%3D0
Sofortüberweisung: Your account will be debited immediately after placing the order.
The use of the payment methods invoice and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
General information about Klarna can be found here: https://www.klarna.com/de/
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations. You can find this here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
Privacy policy
In order to be able to offer you Klarna's payment options, we will transmit personal data, such as contact details and order data, to Klarna. This enables Klarna to assess whether you can use the payment options offered via Klarna and to adapt the payment options to your needs.
General information about Klarna can be found here: https://www.klarna.com/de/
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy - which can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
FAQ's Klarna purchase on account
https://www.klarna.com/de/kundenservice/csc/rechnung/
FAQ's Klarna Pay now
https://www.klarna.com/de/kundenservice/csc/sofort-bezahlen/
5. Delivery and shipping conditions
5.1 Delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. In the case of an order placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive. We do not deliver to packing stations.
5.2 If 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.
5.3 If the customer is acting as a businessman, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
6. Retention of title and assignment of claims
6.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). The customer shall remain authorised to collect the claims even after the assignment of the goods to third parties. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the customer meets his payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7. Warranty and guarantees
7.1 Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
7.2 For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
7.3 If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
7.4 The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, insofar as agreed insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
8. Liability
8.1 For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
8.2 In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Protection of minors
If your order includes goods, the sale of which is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.
11. redemption of promotional codes and vouchers
11.1 Vouchers and discount promotions can only be redeemed in the Seller's online shop, unless otherwise stated.
11.2 Vouchers and discount codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.3 Only one voucher or discount code can be redeemed per order. They cannot be combined with each other.
11.4 Vouchers and discount codes can only be used for the purchase of goods. The credit balance of a voucher is neither paid out in cash nor does it earn interest.
11.5 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.
11.6 Remaining credit cannot be credited to the customer.
12. personal data
The data provided will be collected, stored and used exclusively for purposes relevant to the conclusion and execution of the contractual relationship, including the activities set up by the Seller for contact, acquisition, management and execution of orders, formalisation, management and control of the relationship with the Customer, as well as for the fulfilment of administrative, legal or tax requirements and obligations relating to the orders placed by the Customer.
13. final provisions
13.1 If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.