Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Terms of Delivery and Shipping
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Dirk Limbach, trading as “Devinylhunter” (hereinafter “Seller”), apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the supply of physical data carriers which serve exclusively as carriers of digital content, unless otherwise provided in this respect. Digital content within the meaning of these GTC means data which are produced and supplied in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
1.4 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 their 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 may submit 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 basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of 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 days,
- by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting the Customer to make payment after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon 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 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 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
2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does 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 their order, the order data are archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before bindingly submitting the 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 identification of input errors may be the browser’s zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing usually takes place automatically by e-mail. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address.
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.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Value added tax is shown, unless the goods are subject to the margin scheme pursuant to § 25a UStG (German VAT Act). Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may arise 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 arise in relation to the transfer of money 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 option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after 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 is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Shopify may use further payment services, for which special terms of payment may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com
5) Terms of Delivery and Shipping
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.
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. This does not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, if the Customer effectively exercises the right of withdrawal, the provision made in this respect 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 goods sold passes to the Customer 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 acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes 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 with its execution and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. 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 without undue delay and the consideration will be refunded without undue delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller within the business hours specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller performs in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for rights in respect of defects is one year from delivery of the goods;
- in the case of used goods, rights in respect of defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortenings of periods set out above do not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise provided in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act (Produkthaftungsgesetz).
8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:
If the Seller negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for the contract, unless he is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, liability of the Seller is excluded, unless he is liable without limitation pursuant to the preceding clause.
8.3 The above provisions on liability also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
