Terms and Conditions with Customer Information
Table of Contents
- Scope
- Formation of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects / Warranty
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1
These General Terms and Conditions (hereinafter "GTC") of
Edenharter & Helmer GbR
acting under Trunk Hogs
Steinbuckelweg 9, 93413 Cham
E-Mail: info@trunkhogs.com
(hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise expressly agreed.
1.2
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 self-employed.
1.3
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Formation of Contract
2.1
The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
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 contractual offer with regard 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, e.g. by e-mail, in which case the receipt of the order confirmation by the Customer is 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 order has been placed, or
- by the payment process being successfully initiated or confirmed via the payment service provider chosen by the Customer.
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 accepting 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 a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4
The payment methods available in the online shop are displayed to the Customer during the ordering process.
Currently, the following payment methods can be offered in particular:
- Credit card
- Debit card
- PayPal
- Apple Pay
- Google Pay
- Klarna
- Shop Pay
- other payment methods displayed at checkout
If third-party payment services are integrated into the ordering process, payment processing takes place via the respective payment service provider.
For payment processing, the contractual, usage and data protection conditions of the respective payment service provider may additionally apply, to which the Customer is referred during the payment process.
If the Customer selects a payment method where the payment process is initiated immediately after the order, the contract is concluded at the latest with successful payment confirmation or with the acceptance of the order by the Seller.
2.5
When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after the contract has been concluded and sent to the Customer in text form, e.g. by e-mail, after the order has been placed.
If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data may be accessible via the password-protected user account.
2.6
Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information displayed in the ordering process.
The Customer can correct their entries within the electronic ordering process using the usual keyboard, mouse and browser functions until they click the button that concludes the ordering process.
2.7
Only the German language is available for the conclusion of the contract.
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 provided by them for order processing is correct, 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 for 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, its exercise, the consequences of withdrawal and any exclusions of the right of withdrawal can be found in the Seller's withdrawal policy.
3.3
In the event of an effective and timely exercise of the statutory right of withdrawal, the Seller shall bear the direct costs of returning the goods, unless otherwise stipulated in the withdrawal policy.
4. Prices and Payment Terms
4.1
Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax.
Any additional delivery and shipping costs will be indicated separately in the online shop, in the respective product description or during the ordering process.
4.2
Shipping is currently only available within Germany.
Deliveries to Austria, Switzerland, other EU member states and other countries outside Germany are currently paused.
Should the Seller offer deliveries outside Germany in the future, additional costs, duties, taxes, customs fees or other country-specific requirements may arise in individual cases.
These will, if necessary, be shown separately or communicated in the respective shipping information.
4.3
The available payment methods will be communicated to the Customer in the online shop and during the ordering process.
The Seller reserves the right to offer individual payment methods only for certain orders, delivery types, merchandise values or customer groups.
4.4
If a payment method is selected that is processed via an external payment service provider, payment processing takes place via the respective provider.
This may include payment services such as PayPal, Klarna, Shop Pay, Apple Pay, Google Pay, credit card providers or other payment services displayed at checkout.
For payment processing, the conditions of the respective payment service provider apply additionally, insofar as they are effectively included in the payment process.
Regardless of the chosen payment method, the Seller remains responsible for general customer inquiries regarding goods, orders, delivery, returns, complaints, withdrawals and credits.
5. Delivery and Shipping Conditions
5.1
If the Seller offers shipping of the goods, delivery is currently exclusively within Germany to the delivery address provided by the Customer, unless otherwise agreed.
The delivery address specified in the order process is decisive for the processing of 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 to the costs of dispatch if the Customer effectively exercises their right of withdrawal.
For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions set forth in the Seller's withdrawal policy apply.
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 handed over 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 sold goods generally passes only 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 also passes to the Customer in the case of consumers as soon as the Seller has handed over 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 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 if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering 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. Payments already made will be refunded immediately.
5.5
Self-collection is not possible for logistical reasons.
5.6
For stock products, batch products, pre-order products and products manufactured on request, delivery times, production times and availabilities result from the respective product description and from the Seller's separate delivery and shipping information.
Stock products are already available items and are usually shipped within the specified delivery time.
For batch products and pre-order products, the specified delivery time usually only begins after the end of the pre-order phase and after completion of production.
For products manufactured on request, the delivery time depends on the respective item and the required production effort.
The Customer will be informed of significant delays if possible.
5.7
In the event of an effective and timely exercise of the statutory right of withdrawal, the Seller shall bear the direct costs of returning the goods.
Further details can be found in the Seller's withdrawal policy.
6. Retention of Title
If the Seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.
7. Liability for Defects / Warranty
7.1
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply.
7.2
If the Customer acts as an entrepreneur, the following applies deviating from the statutory provisions:
- 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.
- The limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3
The limitations of liability and reductions in time limits regulated above do not apply:
- for 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.
7.4
Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5
If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and complaint in accordance with Section 377 HGB.
If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6
If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery person as soon as possible and to inform the Seller thereof.
Failure to do so has no effect on their statutory or contractual claims for defects.
8. Redemption of Promotional Vouchers
8.1
Vouchers issued by the Seller free of charge within the scope of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2
Promotional vouchers can only be redeemed by consumers, unless otherwise stated in the respective voucher campaign.
8.3
Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.
8.4
Promotional vouchers can only be redeemed before the ordering process is completed.
Subsequent crediting is not possible.
8.5
Only one promotional voucher can be redeemed per order, unless otherwise stated in the respective voucher campaign.
8.6
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.
8.7
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.
8.8
The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.9
The promotional voucher will not be refunded if the customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.
8.10
The promotional voucher is intended for use only by the person named on it, if such a nomination has been made.
Transfer of the promotional voucher to third parties is excluded, unless otherwise stated in the respective voucher campaign.
The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
9. Applicable Law
All legal relationships 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 insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10. Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.