–––––––––––––––––General Terms and Conditions with Customer Information ––––––––––––––––––
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Warranty for Defects
- Special Conditions for the Processing of Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application 1.1 These General Terms and Conditions (hereinafter referred to as “AGB”) of Henry Knoll, trading as “web-agentur.cloud” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the “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 within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. 1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of its 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 by the Seller but serve to submit 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. 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 with respect 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 email), 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 after submitting his order. If several of the aforementioned alternatives are available, 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 offer is sent by the customer and ends with the expiry of the fifth day that follows 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 his declaration of intent. 2.4 If a payment method offered by PayPal is selected, 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 referred to as “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 – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by a payment method offered by PayPal, the Seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that concludes the ordering process. 2.5 If the payment method “Amazon Payments” is selected, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), in accordance with the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also gives Amazon a payment order by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process. 2.6 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted his order. The Seller does not provide any further accessibility of the contract text. If the customer has set up a user account in the Seller’s online shop before submitting 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 using the corresponding login details. 2.7 Before submitting a binding order via the Seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.8 The contract can be concluded in German or English. 2.9 Order processing and communication usually take place by email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that he can receive emails sent by the seller. In particular, the customer must ensure that, when using SPAM filters, all emails sent by the seller or third parties commissioned with order processing can be delivered.
3) Right of Withdrawal 3.1 Consumers generally have 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 any member state of the European Union and whose sole residence and delivery address are located outside the European Union at the time of the conclusion of the contract.
4) Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise will be separately stated in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery does not take place 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 a payment method offered by “PayPal” is selected, the payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal where he is in advance of the customer (e.g., invoice purchase or installment payment), he hereby assigns his payment claim to PayPal or to the payment service provider named by PayPal and specifically named by the customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries 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 intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, even in the case of the assignment of claims. 4.5 If the payment method “IMMEDIATELY” is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATELY”). To be able to pay the invoice amount via “IMMEDIATELY,” the customer must have an online banking account that is activated for participation in “IMMEDIATELY,” authenticate himself accordingly during the payment process, and confirm the payment instruction to “IMMEDIATELY.” The payment transaction is then carried out immediately by “IMMEDIATELY,” and the customer’s bank account is debited. Further information on the payment method “IMMEDIATELY” can be found on the Internet at https://www.klarna.com/sofort/. 4.6 If a payment method offered by “Stripe” is selected, the 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 by Stripe are communicated to the customer in the Seller’s online shop. Stripe may use other payment services for payment processing, for which special payment terms may apply and to which the customer may be separately referred. Further information on Stripe can be found on the Internet at https://stripe.com/de. 4.7 If the payment method credit card via Stripe is selected, the invoice amount is immediately due 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 reject this payment method in the event of a negative credit check. 4.8 If a payment method offered by “Klarna” is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the conditions of Klarna can be found in the payment information of the Seller, which can be viewed at the following Internet address: salty-aqua.com/payment
5) Delivery and Shipping Conditions 5.1 If the Seller offers the shipment of the goods, the delivery will be made to the delivery address specified by the customer within the delivery area specified by the Seller, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive. In deviation from this, if the payment method PayPal is selected, the delivery address stored with PayPal at the time of payment is decisive. 5.2 If the delivery of the goods fails for reasons that the customer is responsible for, the customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outbound shipment if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller’s cancellation policy applies in the event of effective exercise of the right of withdrawal by the customer. 5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item passes to the customer as soon as the Seller has delivered the item to the forwarder, 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 sold item basically only passes to the customer upon delivery of the item to the customer or a person entitled to receive it. However, the risk of accidental loss and accidental deterioration of the sold item also passes to the customer as a consumer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment if the customer has commissioned the forwarder, the carrier or the person or institution otherwise 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-supply. This only applies if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded immediately. 5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title If the Seller makes an advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty (Guarantee) 7.1 Unless otherwise specified in the following provisions, the statutory warranty provisions apply. In deviation from this, the following applies to contracts for the delivery of goods: 7.2 If the customer is acting as a business owner,
the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from the delivery of the goods;
for used goods, rights and claims due to defects are excluded;
the limitation period does not start anew if a replacement delivery is made as part of the warranty for defects. 7.3 The liability limitations and shortening of deadlines as specified above 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 customary use and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements. 7.4 Furthermore, for business owners, the statutory limitation periods for any existing statutory recourse claims remain unaffected. 7.5 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations specified there, the goods are considered approved. 7.6 If the customer is a consumer, he is requested to report obvious transport damage to the carrier and notify the Seller. Failure to do so will not affect his statutory or contractual warranty claims.
8) Special Conditions for the Processing of Goods According to Certain Customer Specifications 8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain customer specifications, the customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the Seller and grant the Seller the necessary usage rights for this. The customer is solely responsible for obtaining and acquiring the rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark, and personality rights. 8.2 The customer indemnifies the Seller from claims by third parties that they can assert against the Seller in connection with an infringement of their rights by the contractual use of the customer’s content by the Seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees in statutory amounts. This does not apply if the customer is not responsible for the infringement. The customer is obligated to provide the Seller immediately, truthfully, and completely with all information in the event of a claim by third parties, which is necessary for the examination of claims and defense. 8.3 The Seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, endangers young people, and/or glorifies violence.
9) Redemption of Promotional Vouchers 9.1 Vouchers issued by the Seller free of charge as part of promotions with a certain validity period and which cannot be purchased by the customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period. 9.2 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the promotional voucher. 9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 9.4 Only one promotional voucher can be redeemed per order. 9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller. 9.6 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. 9.7 The credit of a promotional voucher will not be paid out in cash or bear interest. 9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part using the promotional voucher within the scope of his statutory right of withdrawal. 9.9 The promotional voucher is intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled but not obliged to check the material entitlement of the respective voucher holder.
10) Applicable Law 10.1 The law of the Federal Republic of Germany applies 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 insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. 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 the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are located outside the European Union.
11) 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 contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved. 11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.