General terms and conditions of business
General Terms and Conditions with
Customer information
Table of contents
- Scope
- Conclusion 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 (hereinafter "Seller"), apply to all contracts for the delivery of
Goods that 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 contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent 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 to submit a binding offer by the Customer.
2.2 The customer can use the offer via the integrated in the online shop of the seller
Submit an online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or a
Order confirmation will be sent in text form (fax or e-mail), whereby the
Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the above alternatives apply, the contract is concluded in the
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 offer is sent by the customer and ends on 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "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 - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
- If you select the payment method "Amazon Payments", the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at
https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he or she also issues a payment order to
Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.
- 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. email, fax or letter) after the order has been sent. The seller does not make the contract text 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 is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
- 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. An effective technical means of better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
- The contract can be concluded in German and English.
- Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this 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 generally have 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 payment terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices which include the statutory
VAT included. Any additional delivery and
Shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must 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 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 a payment method offered via the payment service “PayPal” is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the person commissioned by PayPal and specifically named to the customer.
Payment service provider. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or within the agreed
In this case, he can only pay to PayPal or the
PayPal commissioned payment service provider with debt-discharging effect. The
However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and remittances or credit notes.
4.5 If you select the payment method “SOFORT”, the payment will be processed via the
Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter
“SOFORT”). In order to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify himself accordingly during the payment process and
Confirm the payment instruction to “SOFORT”. The payment transaction will then be carried out immediately by “SOFORT” and the customer’s bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered through the payment service "Shopify Payments"
Payment method: Payment processing is carried out via 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 through Shopify Payments
Payment methods are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
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 delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the
Seller shall hand over the goods to the forwarding agent, carrier or other person responsible for carrying out the
The customer has delivered the goods to a specific person or institution. If the customer acts as
Consumer, the risk of accidental loss and accidental
Deterioration of the goods sold only occurs when the goods are handed over to the
Customer or an authorized person. Deviating from this, the
Risk of accidental loss and accidental deterioration of the goods sold
Goods pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the other person or institution 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 responsibility of the seller and the seller has concluded a specific hedging 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 the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the
Goods;
- In the case of used goods, rights and claims due to defects are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of time limits set out 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 the case of contracts for the delivery of goods with digital elements.
- In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
- If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.
- If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part 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 during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance 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 selected to settle the difference.
8.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is only for use by the person named on it.
Person. Transferring the promotional voucher to a third party is not permitted.
The seller is entitled, but not obliged, to
To check the eligibility 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. In the case of 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 has his habitual residence.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform on the Internet at the following link for
Online dispute resolution available: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.