English translation of the German version. Legally binding is the German version only.

General terms and conditions with customer information

  1. Scope of application
  2. Conclusion of contract
  3. Right of revocation
  4. Prices and terms of payment
  5. Delivery and shipping terms
  6. Reservation of ownership
  7. Liability for defects
  8. Redemption of gift vouchers
  9. Redemption of promotional vouchers
  10. Applicable law
  11. Place of jurisdiction
  12. Information on online dispute resolution

 

1. Scope of application

1.1. These terms and conditions (hereinafter referred to as "General Terms and Conditions") of "virblatt GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a business entity (hereinafter referred to as the "Customer") and the seller regarding all goods presented the online shop of the seller. Herewith, the inclusion of the Customer's own conditions is excluded, unless otherwise stipulated.

1.2. These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3. A consumer pursuant to these General Terms and Conditions is any natural persons who concludes a legal transaction for purposes which cannot be predominantly attributed to their commercial or professional activities.

1.4. A business entity pursuant to these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who concludes a legal transaction for purposes which can be attributed to their commercial or professional activities.

2. Conclusion of contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting 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 shop. In doing so, after having placed the selected goods in the virtual shopping cart and going through the ordering process, and by clicking the button finalizing the order process, the Customer submits a legally binding contract offer with regard to the goods contained in the virtual shopping cart. The Customer may also submit the offer to the Seller by telephone, e-mail or postal service.

2.3. The seller may 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 e-mail), in so far as the receipt of the order confirmation by the Customer is decisive, or

- by delivering the ordered goods to the Customer, in so far as the receipt of the goods by the Customer is decisive, or

- by requesting the Customer to pay after placing his/her order.

Provided several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends until the expiry of the fifth day following the submission of the offer. Should the seller not accept the Customer’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Customer is no longer bound by his statement of intent.

2.4. If the "Amazon Payments" is selected as payment method, the payment processing is done via Amazon Payments Europe s.c.a, 5 Rue Plaetis, L-2338 Luxembourg ("Amazon"), under the application of Amazon Payments Europe User Agreement which can be found at: https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as method of payment within the framework of the online ordering process, he also issues a payment order to Amazon by clicking the button finalizing the ordering process. In this case, the seller declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button finalizing the ordering process.

2.5. The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Customer has submitted his order via the seller's online order form. In addition, the contract's content will be stored on the Seller's website and can be retrieved free of charge by the Customer via the password-protected customer account after specifying the corresponding login data, provided the Customer has created a customer account in the Seller's online shop prior to submitting his order.

2.6. Before submitting the order through 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 which enables the display on the screen to be enlarged. The customer can correct all information entered within the framework of the electronic ordering process by means of the usual keyboard and mouse functions before placing the order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7. German language is exclusively available for the conclusion of the Contract.

2.8. Order processing and contacting usually take place via e-mail and automated order processing. It is the Customer`s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, if SPAM filters are used, it is the Customer`s responsibility to ensure that all e- mails sent by the Seller or by third parties commissioned with the order processing by the Seller can be delivered.

3. Right of revocation

3.1. Consumers are entitled to a right of revocation.

3.2. Further information on the right of revocation is provided in the seller's revocation instruction.

4. Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product descriptions, prices indicated are total prices and include the statutory value-added tax. If applicable, additional delivery and dispatch costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller's control. They shall be incurred by the Customer. Such costs include; money transfer costs by credit institutions (transfer fees, exchange rate charges) or import taxes (e.g. customs duties). Such costs may even arise with respect to money transfer 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. Various payment options which are specified in the seller's online shop are available to the customer.

4.4 If prepayment has been agreed upon by bank transfer, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed otherwise

4.5 When the “PayPal” payment method is selected, payment processing takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Service which can be viewed at: https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This requires among other things, that the customer opens a PayPal account or already has such an account.

5. Shipping and Delivery Conditions

5.1. Goods are generally delivered on dispatch route to the delivery address indicated by the Customer. When processing the transaction, the delivery address provided in the seller's purchase procedure is decisive. Deviant from this, the delivery address specified during the PayPal payment is applicable, if PayPal has been chosen as payment method by the customer.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply, if the Customer is not responsible for the circumstance which led to the impossibility of delivery, or if he/she has been temporarily impeded from receiving the offered service, unless the Seller has notified the Customer about the service a reasonable time in advance.

5.3 In case the goods are collected by the customer, the seller first notifies the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the Customer can collect the goods at the seller's place of business after consultation with the seller. In this case, no shipping costs will be charged.

5.4. Collection by the Customer is not possible for logistical reasons.

5.5. Gift vouchers are provided to the customer as follows:

• by email

• by download

• by post

6. Reservation of ownership

If the seller receives advanced payment, he retains title of ownership of the delivered goods until full payment of the purchase price owed.

7. Liability for defects

7.1. If the purchased goods are defective, the statutory provisions for liability for defects shall apply.

7.2. The customer is required to complain to the supplier of the delivered goods for any obvious transport damages and to inform the seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8. Redemption of gift vouchers

8.1. Vouchers, which can be purchased via the seller's online shop (hereinafter "gift vouchers"), can only be redeemed in the seller's online shop.

8.2. Gift vouchers and remaining balance of gift vouchers are redeemable up to the end of the third year after the year of the purchase of the voucher. The remaining balance is credited to the customer's voucher account until expiration date.

8.3. Gift vouchers can only be redeemed prior to the completion of the ordering process. Subsequent allocation is not possible.

8.4. Only one gift voucher can be redeemed per order.

8.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

8.6. Should the value of the gift voucher be insufficient to cover the purchase, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7. The credit balance of a gift voucher is neither paid out in cash nor subject to interest.

8.8. The gift voucher is transferable. The seller can deliver with releasing effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or lack of knowledge due to gross negligence of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.

9. Redemption of promotional vouchers

9.1. Vouchers which are issued free of charge by the seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2. Individual products may be excluded from the voucher transaction, provided a corresponding restriction is specified in the content of the promotional voucher.

9.3. Promotion vouchers can only be redeemed prior to the completion of the ordering process. Subsequent allocation is not possible.

9.4. Only one promotional voucher can be redeemed per order.

9.5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance is not reimbursed by the seller.

9.6. If the value of the promotional voucher is insufficient to cover the purchase order, one of the other payment methods offered by the seller may be chosen to settle the difference

9.7. The credit of a promotional voucher is neither paid in cash nor is subject to interest.

9.8. The promotional voucher will not be refunded should the customer return the goods paid in full or in part with the promotional voucher within the scope of his/her statutory right of revocation.

9.9. The promotion voucher is transferable. The seller can deliver with releasing effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or lack of knowledge due to gross negligence of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.

10. Applicable law

10.1. For all contractual relationships between the parties, the law of the Federal Republic of Germany applies under the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11. Place of jurisdiction

If the customer acts as a merchant, a legal person under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the Seller’s place of business will have exclusive jurisdiction over any dispute relating to these relationships. If the customer is domiciled outside the territory of the Federal Republic of Germany, seller’s place of business will have exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activities of the Customer. However, in the preceding cases, the seller has the right in any case to call upon the appropriate court in the customer's place of residence.

12. Information on online dispute resolution

The EU Commission provides a platform for online dispute settlement on the Internet at: http://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchases or service contracts in which a consumer is involved.