terms and conditions
Table of contents
1.Scope of application
2.Conclusion of contract
3.Right of withdrawal
4.Prices and terms of payment
5.Delivery and shipping conditions
6.Retention of title
7.Liability for defects (warranty)
8.Applicable law
9.Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") trading under "THING.4.ME" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") enters into with the Seller
with regard to the goods presented by the seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
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 commercial or independent professional activity.
professional activity.
2) Conclusion 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 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 store. In doing so, the Customer, after having placed the selected goods in the virtual shopping cart aeleat and having gone through the
electronic ordering process, by clicking on the button that concludes the ordering process, the customer makes a legally binding
binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written
order confirmation or an
confirmation of the order in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after
order for payment.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be
the offer with the consequence that the customer is no longer bound to his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by 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, which can be viewed at
at https://www.paypal.com/de/webapps/mpp/ua/us
full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/pr.
full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent.
(e.g. e-mail, fax or letter).
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- The seller shall not make the text of the contract accessible beyond this.
If the customer has set up a user account in the seller's online store 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 by providing the corresponding login data.
2.6 Before bindingly placing 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. 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.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 The order processing and contacting usually take place by e-mail and automated order processing.
order processing takes place. The customer must ensure that the e-mail address provided by him 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 to process the order can be delivered.
can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a
right of withdrawal.
3.2 More detailed 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.
Sales tax is not shown, since the seller is a small business in the sense of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 and taxes (e.g. customs duties).
customs duties). Such costs may also be incurred in relation to the transfer of funds 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 store.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "SOFORT" is selected
the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT").
hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT".
banking account, legitimize himself during the
and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be obtained by the customer on the Internet at -
at https://www.klarna.com/sofort/. - 4.6 When selecting a payment method offered via the payment service
"Shopify Payments", the payment
the payment will be processed 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 are communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions 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.
4.7 If the SEPA direct debit payment method is selected, the invoice amount shall be paid after issuing a
SEPA direct debit mandate, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
4.8 If the payment methods "direct debit via ipayment" or "credit card via ipayment" are selected, the payment shall be processed via the ipayment payment system of 181 Internet AG, which shall forward the customer's payment request to the respective payment provider. The general terms and conditions of the respective payment
Terms and Conditions of the respective payment provider apply to payment processing, which the customer can take note of and must accept as part of the electronic payment process. The
payment methods "direct debit via ipayment" or
"Credit card via ipayment" are subject to the respective payment provider accepting the Customer's payment request.
4.9 When selecting the payment method direct debit
(direct debit), the invoice amount shall be due immediately upon conclusion of the contract. The direct debit payment method requires a successful credit check by Masterpayment LTD,
483 Green Lanes, London, N13 4BS,
Great Britain ("Masterpayment"). If the customer is permitted direct debit (direct debit) after the creditworthiness has been checked, the payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18,
80539 Munich ("net-m privatbank 1891 AG"), to which the seller assigns his payment claim.
In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the specified account of the customer. In case of assignment, payment can only be made to net-m privatbank 1891 AG with debt discharging effect. The bank collection takes place when the ordered goods leave the warehouse of the seller. The seller remains even with the selection of the payment method
(direct debit) via Masterpayment, the seller remains responsible for general customer inquiries, e.g. regarding the
goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
4.10 When selecting the payment method "PayPal
Direct Debit", PayPal shall collect the invoice amount from the Customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information on behalf of the Seller. Pre-notification
("Pre-Notification") is any communication (e.g.
invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
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5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping 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 shall be 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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period.
statutory limitation period. However, the reduction of the period of liability to one year shall not apply to
for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
for claims for damages and claims for reimbursement of expenses of the customer, as well as
in the event that the Seller has fraudulently concealed the defect.
7.3 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
claims for defects.
8) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international
international purchase of movable goods. In the case of consumers, this choice of law shall only apply 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.
has his habitual residence.
SEARCH
CONTACT
9) Alternative Dispute Resolution
9.1 The EU Commission provides on the Internet under
the following link to a platform for online dispute resolution
at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is obliged to participate in a dispute
dispute resolution proceedings before a consumer arbitration board neither obligated or willing.
- The seller shall not make the text of the contract accessible beyond this.