AGB
Terms of Service
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Formation of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Granting of Usage Rights for Digital Content
- Retention of Title
- Liability for Defects
- Liability
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Rolf Beck, trading as "Rolf Beck E-Commerce" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented in the Seller's online store. 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 provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related 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 that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Formation of Contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but rather serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit their offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order.
2.3 The Seller may accept the Customer's offer within five days by:
- transmitting a written order confirmation or an order confirmation in text form via fax or email to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer following the submission of their order.
If several of the above alternatives apply, the contract is formed at the time when one of the above alternatives first occurs. The acceptance period begins on the day after the Customer submits their offer and ends at the expiry of the fifth day following submission. 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 result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out by 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/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button completing the order.
2.5 When an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. by email, fax or letter) after the order has been sent. 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 store prior to submitting 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 using the relevant login credentials.
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. The browser's zoom function may be an effective technical means of better identifying input errors by enlarging the display on screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the order.
2.7 The contract may be concluded in various languages. The specific language selection is displayed in the online store.
2.8 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails 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 withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including the applicable statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional 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 money transfers through financial institutions (e.g. transfer fees or exchange rate fees), or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers where delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online store.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment providers for this purpose. Where the Seller also offers payment methods via PayPal under which the Seller provides advance performance to the Customer (e.g. purchase on account or installment payment), the Seller assigns their payment claim to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Prior to accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative credit 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 installments. In this case, the Customer may only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, withdrawal declarations and returns or credits.
4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by 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 Shopify Payments will be communicated to the Customer in the Seller's online store. Stripe may use additional payment services to process payments, for which special payment terms may apply and of which the Customer will be separately informed. Further information on Shopify Payments is available online at https://www.shopify.com/legal/terms-payments-de.
4.6 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by 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 carry out a credit check and to refuse this payment method in the event of a negative credit check result.
5. Delivery and Shipping Conditions
5.1 Where the Seller offers shipping of 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 execution of the transaction. Notwithstanding the above, where the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the outbound shipping costs if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provision set out in the Seller's withdrawal policy shall apply to the return shipping costs.
5.3 If the Customer is acting 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 handed the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers upon handover to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier or other such person or institution and the Seller has not previously named that 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 delivery to themselves. This applies only where the Seller is not responsible for the non-delivery and has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any payments already made will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content will be provided to the Customer as follows:
- by download
- by email
6. Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online store, the Seller grants the Customer a non-exclusive, geographically and temporally unrestricted right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 Where the contract concerns the one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the full amount owed. The Seller may provisionally permit use of the contractual content before this point in time. Such provisional permission does not constitute a transfer of rights.
7. Retention of Title
Where the Seller provides advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.
8. Liability for Defects
Unless otherwise provided by the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding the above, for contracts for the delivery of goods the following applies:
8.1 If the Customer is acting as an entrepreneur:
- the Seller has the right to choose the type of subsequent performance;
- the limitation period for defect claims for new goods is one year from delivery;
- defect rights are excluded for used goods;
- the limitation period does not restart if a replacement delivery is made under the liability for defects.
8.2 The above limitations of liability and shortened limitation periods do not apply:
- to claims for damages and reimbursement of expenses by the Customer;
- where the Seller has fraudulently concealed the defect;
- to goods that have been used in accordance with their normal purpose for a building and have caused its defectiveness;
- to any existing obligation of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.
8.3 Furthermore, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.
8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
8.5 If the Customer is acting as a consumer, they are requested to report any obvious transport damage to the delivery agent upon receipt and to notify the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual defect claims.
9. Liability
The Seller's liability to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, is as follows:
9.1 The Seller is liable without limitation for any legal reason in cases of:
- intent or gross negligence;
- intentional or negligent injury to life, body or health;
- a guarantee promise, unless otherwise stipulated in that regard;
- mandatory liability, e.g. under the German Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above. Material contractual obligations are obligations which the Seller is required to fulfill under the contract in order to achieve the purpose of the contract, the fulfillment of which makes proper performance of the contract possible in the first place, and on compliance with which the Customer may regularly rely.
9.3 Otherwise, the Seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the Seller's liability for their vicarious agents and legal representatives.
10. Applicable Law
10.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
11. Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.