General Terms and Conditions with Customer Information
1. Scope of Application
2. Conclusion of Contract
3. Prices and Payment Terms
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Liability
9. Redemption of Gift Vouchers
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Information on Online Dispute Resolution
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") of "nanobike GmbH" (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2. These GTC shall also apply accordingly to the purchase of vouchers unless expressly stated otherwise.
1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1. The presentation of goods, particularly in the online shop, does not constitute a binding offer by the Seller.
2.2. The Customer first places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, during which all data required for order processing is collected.
At the end of the ordering process, a summary of the order and contract data is displayed.
Only after confirming this order and contract data by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3. The Seller accepts the Customer's offer by one of the following alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after the order has been placed
or
- Delivering the ordered goods
The relevant time for acceptance is the first of these alternatives to occur.
The acceptance period begins on the day following the Customer's submission of the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, this constitutes rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4. If the payment method "PayPal" or "PayPal Express" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The PayPal User Agreement applies and can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer selects the payment method "PayPal" or "PayPal Express" or pays using one of the PayPal payment methods, they submit their offer by clicking the button that completes the ordering process. If, by clicking this button, the Customer simultaneously issues the payment instruction to PayPal, the Seller, contrary to the provisions above, declares acceptance of the Customer's offer at the time the payment instruction is issued.
2.5. If the payment method "Amazon Payments" is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"). The Amazon Payments Europe User Agreement applies and is available at https://payments.amazon.de/help/201751590.
If the Customer selects "Amazon Payments" as the payment method, they submit their offer by clicking the button that completes the ordering process. If, at the same time, the Customer issues the payment instruction to Amazon by clicking this button, the Seller, contrary to the provisions above, declares acceptance of the Customer's offer at the time the payment instruction is issued.
2.6. The contract text for each contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The Customer may view the General Terms and Conditions at any time on this page. The order data, withdrawal information, and GTC are sent to the Customer by email. After the order has been completed, the contract text is available to the Customer free of charge via their customer login, provided they have created a customer account.
2.7. All entries made are displayed before the order button is clicked and may be reviewed by the Customer before submitting the order. Corrections can be made using the browser's back button or the usual mouse and keyboard functions. In addition, where available, appropriately labeled correction buttons are provided.
2.8. The contract language is German.
2.9. The Customer is responsible for providing a correct email address for contact and order processing and for configuring any email filters so that emails relating to this order can be delivered.
3. Prices and Payment Terms
3.1. Unless otherwise agreed, the prices shown are final prices including statutory VAT.
If additional shipping costs apply, these are indicated in the respective product description.
3.2. If delivery is made to a country outside the EU, additional customs duties, taxes, or fees may be payable by the Customer to the relevant customs or tax authorities or financial institutions.
Customers are advised to obtain details from the relevant authorities or institutions before placing an order.
3.3. The Customer may choose from the payment methods available in the online shop.
3.4. If payment is made in advance by bank transfer, payment is due immediately upon conclusion of the contract unless otherwise agreed.
3.5. In the case of payment by SEPA direct debit, the purchase price is due after the advance notification period has expired and after a SEPA direct debit mandate has been issued.
Advance notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, take the form of an invoice or contract.
The amount will be debited once the goods leave the warehouse and the advance notification period has expired.
If the direct debit cannot be collected due to insufficient funds or an incorrect bank account, the Customer shall bear the costs of the returned debit if they are responsible for this. The same applies if the Customer objects to the debit without being entitled to do so.
The Seller reserves the right to check the Customer's creditworthiness before carrying out the SEPA direct debit and to reject this payment method if the credit check is negative.
3.6. If payment is made via "PayPal," payment processing is carried out through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply and are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.7. PayPal Checkout
If you pay using PayPal Checkout, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), whereby PayPal may also use the services of third-party payment providers that you may select where offered.
If this website also offers payment methods under which the Seller provides advance performance (such as purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer.
Before accepting the Seller's assignment offer, PayPal or the selected third-party provider will carry out a credit check. The selected payment method may be refused if the credit check yields a negative result.
Once the selected payment method has been approved, payment may only be made to PayPal or the respective commissioned payment service provider with discharging effect.
3.8. In the case of payment by "PayPal Direct Debit," the claim is collected by PayPal on behalf of the Seller from the Customer's bank account after a SEPA direct debit mandate has been issued and after the advance notification period has expired. Advance notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, take the form of an invoice or contract. If the direct debit cannot be collected due to insufficient funds or an incorrect bank account, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees charged by the respective financial institution for the returned debit, provided they are responsible for this. The remainder of the contractual relationship and the rights and obligations of both the Customer and the Seller remain unaffected by payment via direct debit.
3.9. In the case of payment by "PayPal Installments," the Customer enters into an installment agreement with PayPal. If PayPal approves payment via "PayPal Installments," the Customer must pay the invoice amount to PayPal under the conditions specified by PayPal and communicated to the Customer in the payment portal.
The PayPal terms of use apply and can be found here:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
The remainder of the contractual relationship and the rights and obligations of both the Customer and the Seller remain unaffected by this payment method.
3.10. Installment Purchase by easyCredit
The following supplementary General Terms and Conditions (hereinafter "GTC") apply between you and the Seller for all contracts concluded with the Seller in which the easyCredit installment purchase (hereinafter "Installment Purchase") is used.
These supplementary GTC shall take precedence over any conflicting General Terms and Conditions of the Seller.
Installment Purchase is available only to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
Installment Purchase
For your purchase, the Seller, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), offers Installment Purchase as an additional payment option. The Seller reserves the right to check your creditworthiness. Further details can be found in the Installment Purchase privacy notice during the ordering process.
If Installment Purchase is not possible due to insufficient creditworthiness or because the Seller's sales limit has been reached, the Seller reserves the right to offer you an alternative payment option. The Installment Purchase agreement is concluded between you and the Seller.
By choosing Installment Purchase, you agree to pay the purchase price in monthly installments. Monthly installments are payable over a fixed term, whereby the final installment may differ from the preceding installment amounts. Ownership of the goods remains with the Seller until full payment has been made.
Claims arising from the use of Installment Purchase are assigned by the Seller to TeamBank AG under an ongoing factoring agreement. Payments may only be made to TeamBank AG with discharging effect.
Installment Payment by SEPA Direct Debit
By issuing the SEPA direct debit mandate in connection with Installment Purchase, you authorize TeamBank AG to collect the payments due under the Installment Purchase from the checking account specified during the ordering process and held with the financial institution indicated there by means of a SEPA direct debit. TeamBank AG will notify you by email of the debit no later than one calendar day before the due date of the SEPA direct debit (pre-notification). The debit will be made no earlier than the date specified in the pre-notification. A later debit may also occur promptly thereafter.
If the purchase price is reduced between the pre-notification and the due date (e.g., due to credits), the amount debited may differ from the amount stated in the pre-notification. You must ensure that your checking account has sufficient funds on the due date. Your financial institution is not obliged to honor the direct debit if sufficient funds are not available.
If the direct debit is returned due to insufficient funds, an unjustified objection by the account holder, or because the checking account has been closed, you will be in default without further reminder unless the returned debit resulted from circumstances for which you are not responsible.
Any fees charged by your financial institution to TeamBank AG in the event of a returned direct debit will be passed on to you and must be paid by you.
If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee for each reminder or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank.
Due to the high costs associated with returned direct debits, you are requested not to object to the SEPA direct debit in the event of withdrawal from the purchase contract, a return, or a complaint.
In such cases, the payment will be reversed in coordination with the Seller by refunding the corresponding amount or issuing a credit note.
3.11. The Seller also offers the Customer the option of financing the purchase price for certain specifically designated items through the Seller's partner bank. The following requirements must be met:
- The Customer must be at least 18 years old.
- The gross value of the order must be at least EUR 200.00.
- The Customer's place of residence must be in Germany.
- Delivery must take place within Germany.
- The Customer and the borrower must be the same person.
- The Customer must have a checking account with a German bank or savings bank.
4. Delivery and Shipping Conditions
4.1. Goods are delivered by shipment to the delivery address specified by the Customer. In the event of payment via PayPal, the delivery address stored by the Customer with PayPal at the time of payment shall apply instead.
4.2. Delivery by freight forwarder is made "curbside delivery," i.e., up to the nearest public curb at the delivery address. This applies unless otherwise stated in the Seller's shipping information or otherwise agreed.
4.3. If additional costs arise for the Seller due to an incorrect delivery address, an incorrect recipient, or other circumstances preventing delivery, these costs shall be reimbursed by the Customer unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer is temporarily prevented from accepting the delivery, unless the Seller gave reasonable advance notice. This does not apply to the costs of the original shipment if the Customer has validly exercised their right of withdrawal. In this case, the statutory provisions or the provisions adopted by the Seller shall apply.
4.4. If self-collection has been agreed, the Seller will inform the Customer that the ordered goods are ready for collection. After receiving this email, the Customer may collect the goods by arrangement with the Seller at the Seller's registered office or at another agreed location. No shipping costs will be charged in this case.
4.5. Vouchers are provided to the Customer in the following forms:
5. Right of Withdrawal
5.1. If the Customer is a consumer, they are generally entitled to a right of withdrawal.
5.2. The Seller's withdrawal policy applies to the right of withdrawal.
5.3. Consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of withdrawal.
6. Retention of Title
If the Seller performs in advance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Liability for Defects
7.1. The statutory provisions governing liability for defects shall apply unless otherwise agreed.
7.2. The Customer is requested to report any obvious transport damage to the carrier upon delivery and to notify the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.
8. Liability
The Seller's liability arising from all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses shall be governed as follows:
8.1. The Seller shall be liable without limitation only for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, body, or health, and in the event of a breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable for slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.
The Seller shall also be liable as described above on the basis of a guarantee, unless otherwise provided in this respect.
This also applies to indirect consequential damages, in particular lost profits, and to mandatory liability, for example under the Product Liability Act.
8.2. Except in cases of intentional or grossly negligent conduct, injury to life, body, or health, or breach of essential contractual obligations (cardinal obligations), liability shall be limited to damages that were typically foreseeable at the time the contract was concluded and otherwise to the amount of damages typical for the contract. This also applies to indirect consequential damages, in particular lost profits.
8.3. Any further liability of the Seller is excluded.
8.4. The above liability provisions shall also apply accordingly in favor of the Seller's employees and vicarious agents.
9. Redemption of Gift Vouchers
9.1. Vouchers purchased through the Seller's online shop ("Gift Vouchers") may only be redeemed in the Seller's online shop.
9.2. Gift Vouchers and any remaining balance may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the Customer's voucher account until the expiration date.
9.3. Gift Vouchers may only be redeemed before the ordering process has been completed. Subsequent redemption is not possible.
9.4. Multiple Gift Vouchers may be redeemed within a single order.
9.5. Gift Vouchers may only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for using a voucher.
9.6. If the value of a Gift Voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to pay the difference.
9.7. Gift Voucher balances are neither paid out nor bear interest.
9.8. Gift Vouchers are generally transferable.
The Seller may perform with discharging effect to the Customer who redeems the respective Gift Voucher. This shall not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, any lack of entitlement, legal incapacity, or lack of authority to represent on the part of the respective holder.
10. Redemption of Promotional Vouchers
10.1. Vouchers issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by the Customer ("Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2. Promotional Vouchers may only be redeemed by consumers.
10.3. Certain products may be excluded from the voucher promotion.
Any specific restrictions can be found on the respective Promotional Voucher.
10.4. Promotional Vouchers may only be redeemed before the ordering process has been completed. Subsequent offsetting is not possible.
10.5. Only one Promotional Voucher may be redeemed per order. Multiple Promotional Vouchers cannot be redeemed in a single order.
10.6. The value of the goods in the respective order must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.7. If the value of a Promotional Voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to pay the difference.
10.8. The balance of a Promotional Voucher is neither paid out nor bears interest.
10.9. A Promotional Voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.
10.10. The Promotional Voucher is issued to a specific person and may only be redeemed by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the substantive entitlement of the respective voucher holder.
11. Applicable Law
11.1. The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly those of the country in which the Customer, as a consumer, has their habitual residence, shall remain unaffected.
11.2. This choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer's professional or commercial activity.
Nevertheless, in the above cases, the Seller shall also be entitled to bring proceedings before the court at the Customer's registered office.
13. Information on Online Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
1. Scope of Application
2. Conclusion of Contract
3. Prices and Payment Terms
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Liability
9. Redemption of Gift Vouchers
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Information on Online Dispute Resolution
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") of "nanobike GmbH" (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2. These GTC shall also apply accordingly to the purchase of vouchers unless expressly stated otherwise.
1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1. The presentation of goods, particularly in the online shop, does not constitute a binding offer by the Seller.
2.2. The Customer first places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, during which all data required for order processing is collected.
At the end of the ordering process, a summary of the order and contract data is displayed.
Only after confirming this order and contract data by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3. The Seller accepts the Customer's offer by one of the following alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after the order has been placed
or
- Delivering the ordered goods
The relevant time for acceptance is the first of these alternatives to occur.
The acceptance period begins on the day following the Customer's submission of the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, this constitutes rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4. If the payment method "PayPal" or "PayPal Express" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The PayPal User Agreement applies and can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer selects the payment method "PayPal" or "PayPal Express" or pays using one of the PayPal payment methods, they submit their offer by clicking the button that completes the ordering process. If, by clicking this button, the Customer simultaneously issues the payment instruction to PayPal, the Seller, contrary to the provisions above, declares acceptance of the Customer's offer at the time the payment instruction is issued.
2.5. If the payment method "Amazon Payments" is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"). The Amazon Payments Europe User Agreement applies and is available at https://payments.amazon.de/help/201751590.
If the Customer selects "Amazon Payments" as the payment method, they submit their offer by clicking the button that completes the ordering process. If, at the same time, the Customer issues the payment instruction to Amazon by clicking this button, the Seller, contrary to the provisions above, declares acceptance of the Customer's offer at the time the payment instruction is issued.
2.6. The contract text for each contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The Customer may view the General Terms and Conditions at any time on this page. The order data, withdrawal information, and GTC are sent to the Customer by email. After the order has been completed, the contract text is available to the Customer free of charge via their customer login, provided they have created a customer account.
2.7. All entries made are displayed before the order button is clicked and may be reviewed by the Customer before submitting the order. Corrections can be made using the browser's back button or the usual mouse and keyboard functions. In addition, where available, appropriately labeled correction buttons are provided.
2.8. The contract language is German.
2.9. The Customer is responsible for providing a correct email address for contact and order processing and for configuring any email filters so that emails relating to this order can be delivered.
3. Prices and Payment Terms
3.1. Unless otherwise agreed, the prices shown are final prices including statutory VAT.
If additional shipping costs apply, these are indicated in the respective product description.
3.2. If delivery is made to a country outside the EU, additional customs duties, taxes, or fees may be payable by the Customer to the relevant customs or tax authorities or financial institutions.
Customers are advised to obtain details from the relevant authorities or institutions before placing an order.
3.3. The Customer may choose from the payment methods available in the online shop.
3.4. If payment is made in advance by bank transfer, payment is due immediately upon conclusion of the contract unless otherwise agreed.
3.5. In the case of payment by SEPA direct debit, the purchase price is due after the advance notification period has expired and after a SEPA direct debit mandate has been issued.
Advance notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, take the form of an invoice or contract.
The amount will be debited once the goods leave the warehouse and the advance notification period has expired.
If the direct debit cannot be collected due to insufficient funds or an incorrect bank account, the Customer shall bear the costs of the returned debit if they are responsible for this. The same applies if the Customer objects to the debit without being entitled to do so.
The Seller reserves the right to check the Customer's creditworthiness before carrying out the SEPA direct debit and to reject this payment method if the credit check is negative.
3.6. If payment is made via "PayPal," payment processing is carried out through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply and are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.7. PayPal Checkout
If you pay using PayPal Checkout, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), whereby PayPal may also use the services of third-party payment providers that you may select where offered.
If this website also offers payment methods under which the Seller provides advance performance (such as purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer.
Before accepting the Seller's assignment offer, PayPal or the selected third-party provider will carry out a credit check. The selected payment method may be refused if the credit check yields a negative result.
Once the selected payment method has been approved, payment may only be made to PayPal or the respective commissioned payment service provider with discharging effect.
3.8. In the case of payment by "PayPal Direct Debit," the claim is collected by PayPal on behalf of the Seller from the Customer's bank account after a SEPA direct debit mandate has been issued and after the advance notification period has expired. Advance notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and may, for example, take the form of an invoice or contract. If the direct debit cannot be collected due to insufficient funds or an incorrect bank account, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees charged by the respective financial institution for the returned debit, provided they are responsible for this. The remainder of the contractual relationship and the rights and obligations of both the Customer and the Seller remain unaffected by payment via direct debit.
3.9. In the case of payment by "PayPal Installments," the Customer enters into an installment agreement with PayPal. If PayPal approves payment via "PayPal Installments," the Customer must pay the invoice amount to PayPal under the conditions specified by PayPal and communicated to the Customer in the payment portal.
The PayPal terms of use apply and can be found here:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
The remainder of the contractual relationship and the rights and obligations of both the Customer and the Seller remain unaffected by this payment method.
3.10. Installment Purchase by easyCredit
The following supplementary General Terms and Conditions (hereinafter "GTC") apply between you and the Seller for all contracts concluded with the Seller in which the easyCredit installment purchase (hereinafter "Installment Purchase") is used.
These supplementary GTC shall take precedence over any conflicting General Terms and Conditions of the Seller.
Installment Purchase is available only to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
Installment Purchase
For your purchase, the Seller, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), offers Installment Purchase as an additional payment option. The Seller reserves the right to check your creditworthiness. Further details can be found in the Installment Purchase privacy notice during the ordering process.
If Installment Purchase is not possible due to insufficient creditworthiness or because the Seller's sales limit has been reached, the Seller reserves the right to offer you an alternative payment option. The Installment Purchase agreement is concluded between you and the Seller.
By choosing Installment Purchase, you agree to pay the purchase price in monthly installments. Monthly installments are payable over a fixed term, whereby the final installment may differ from the preceding installment amounts. Ownership of the goods remains with the Seller until full payment has been made.
Claims arising from the use of Installment Purchase are assigned by the Seller to TeamBank AG under an ongoing factoring agreement. Payments may only be made to TeamBank AG with discharging effect.
Installment Payment by SEPA Direct Debit
By issuing the SEPA direct debit mandate in connection with Installment Purchase, you authorize TeamBank AG to collect the payments due under the Installment Purchase from the checking account specified during the ordering process and held with the financial institution indicated there by means of a SEPA direct debit. TeamBank AG will notify you by email of the debit no later than one calendar day before the due date of the SEPA direct debit (pre-notification). The debit will be made no earlier than the date specified in the pre-notification. A later debit may also occur promptly thereafter.
If the purchase price is reduced between the pre-notification and the due date (e.g., due to credits), the amount debited may differ from the amount stated in the pre-notification. You must ensure that your checking account has sufficient funds on the due date. Your financial institution is not obliged to honor the direct debit if sufficient funds are not available.
If the direct debit is returned due to insufficient funds, an unjustified objection by the account holder, or because the checking account has been closed, you will be in default without further reminder unless the returned debit resulted from circumstances for which you are not responsible.
Any fees charged by your financial institution to TeamBank AG in the event of a returned direct debit will be passed on to you and must be paid by you.
If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee for each reminder or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank.
Due to the high costs associated with returned direct debits, you are requested not to object to the SEPA direct debit in the event of withdrawal from the purchase contract, a return, or a complaint.
In such cases, the payment will be reversed in coordination with the Seller by refunding the corresponding amount or issuing a credit note.
3.11. The Seller also offers the Customer the option of financing the purchase price for certain specifically designated items through the Seller's partner bank. The following requirements must be met:
- The Customer must be at least 18 years old.
- The gross value of the order must be at least EUR 200.00.
- The Customer's place of residence must be in Germany.
- Delivery must take place within Germany.
- The Customer and the borrower must be the same person.
- The Customer must have a checking account with a German bank or savings bank.
4. Delivery and Shipping Conditions
4.1. Goods are delivered by shipment to the delivery address specified by the Customer. In the event of payment via PayPal, the delivery address stored by the Customer with PayPal at the time of payment shall apply instead.
4.2. Delivery by freight forwarder is made "curbside delivery," i.e., up to the nearest public curb at the delivery address. This applies unless otherwise stated in the Seller's shipping information or otherwise agreed.
4.3. If additional costs arise for the Seller due to an incorrect delivery address, an incorrect recipient, or other circumstances preventing delivery, these costs shall be reimbursed by the Customer unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer is temporarily prevented from accepting the delivery, unless the Seller gave reasonable advance notice. This does not apply to the costs of the original shipment if the Customer has validly exercised their right of withdrawal. In this case, the statutory provisions or the provisions adopted by the Seller shall apply.
4.4. If self-collection has been agreed, the Seller will inform the Customer that the ordered goods are ready for collection. After receiving this email, the Customer may collect the goods by arrangement with the Seller at the Seller's registered office or at another agreed location. No shipping costs will be charged in this case.
4.5. Vouchers are provided to the Customer in the following forms:
- by email
- by download
- by post
5. Right of Withdrawal
5.1. If the Customer is a consumer, they are generally entitled to a right of withdrawal.
5.2. The Seller's withdrawal policy applies to the right of withdrawal.
5.3. Consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of withdrawal.
6. Retention of Title
If the Seller performs in advance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Liability for Defects
7.1. The statutory provisions governing liability for defects shall apply unless otherwise agreed.
7.2. The Customer is requested to report any obvious transport damage to the carrier upon delivery and to notify the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.
8. Liability
The Seller's liability arising from all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses shall be governed as follows:
8.1. The Seller shall be liable without limitation only for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, body, or health, and in the event of a breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable for slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.
The Seller shall also be liable as described above on the basis of a guarantee, unless otherwise provided in this respect.
This also applies to indirect consequential damages, in particular lost profits, and to mandatory liability, for example under the Product Liability Act.
8.2. Except in cases of intentional or grossly negligent conduct, injury to life, body, or health, or breach of essential contractual obligations (cardinal obligations), liability shall be limited to damages that were typically foreseeable at the time the contract was concluded and otherwise to the amount of damages typical for the contract. This also applies to indirect consequential damages, in particular lost profits.
8.3. Any further liability of the Seller is excluded.
8.4. The above liability provisions shall also apply accordingly in favor of the Seller's employees and vicarious agents.
9. Redemption of Gift Vouchers
9.1. Vouchers purchased through the Seller's online shop ("Gift Vouchers") may only be redeemed in the Seller's online shop.
9.2. Gift Vouchers and any remaining balance may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the Customer's voucher account until the expiration date.
9.3. Gift Vouchers may only be redeemed before the ordering process has been completed. Subsequent redemption is not possible.
9.4. Multiple Gift Vouchers may be redeemed within a single order.
9.5. Gift Vouchers may only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for using a voucher.
9.6. If the value of a Gift Voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to pay the difference.
9.7. Gift Voucher balances are neither paid out nor bear interest.
9.8. Gift Vouchers are generally transferable.
The Seller may perform with discharging effect to the Customer who redeems the respective Gift Voucher. This shall not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, any lack of entitlement, legal incapacity, or lack of authority to represent on the part of the respective holder.
10. Redemption of Promotional Vouchers
10.1. Vouchers issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by the Customer ("Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2. Promotional Vouchers may only be redeemed by consumers.
10.3. Certain products may be excluded from the voucher promotion.
Any specific restrictions can be found on the respective Promotional Voucher.
10.4. Promotional Vouchers may only be redeemed before the ordering process has been completed. Subsequent offsetting is not possible.
10.5. Only one Promotional Voucher may be redeemed per order. Multiple Promotional Vouchers cannot be redeemed in a single order.
10.6. The value of the goods in the respective order must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.7. If the value of a Promotional Voucher is insufficient to pay for the respective order, one of the other available payment methods may be used to pay the difference.
10.8. The balance of a Promotional Voucher is neither paid out nor bears interest.
10.9. A Promotional Voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.
10.10. The Promotional Voucher is issued to a specific person and may only be redeemed by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the substantive entitlement of the respective voucher holder.
11. Applicable Law
11.1. The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly those of the country in which the Customer, as a consumer, has their habitual residence, shall remain unaffected.
11.2. This choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer's professional or commercial activity.
Nevertheless, in the above cases, the Seller shall also be entitled to bring proceedings before the court at the Customer's registered office.
13. Information on Online Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.