1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of DT Handel & Consulting GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC also apply accordingly to contracts for the delivery of vouchers unless explicitly stated otherwise.
1.3 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.4 The subject matter of the contract may – depending on the product description by the Seller – involve either the delivery of goods through a one-time delivery or through a continuous delivery (hereinafter referred to as “Subscription Contract”). In the case of a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contractual term at the contractually owed intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but serve as a means 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 proceeding through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer by phone, fax, email, or mail to the Seller.
2.3 The Seller can accept the Customer’s offer within five days by:
- Sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- Delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- Requesting payment from the Customer after submitting their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the time one of these alternatives occurs first. The acceptance period begins on the day after dispatch of the offer by the Customer and ends with the expiry of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, meaning that the Customer is no longer bound by their declaration of intent.
2.4 If “PayPal Express” is selected as a payment method, payment processing is handled through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), in accordance with PayPal’s terms of use, which can be viewed at PayPal User Agreement or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account at PayPal Privacy Policy. By selecting “PayPal Express” during the online ordering process, the Customer simultaneously issues a payment order to PayPal by clicking on the button that concludes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller and sent to the Customer along with these GTC in text form (e.g., email, fax, or letter) after submission of their order. Additionally, the contract text is archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected customer account using their respective login details, provided that they have created a customer account in the online shop before submitting their order.
2.6 Before conclusively submitting an order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be using the zoom function of their browser, which enlarges the display on their screen. The Customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click on the button that concludes the ordering process.
2.7 Only German language is available for concluding contracts.
2.8 Order processing and contact normally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, it is essential that all emails sent by the Seller or by third parties commissioned by them for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the Seller’s withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of contract conclusion and whose sole residence and delivery address at that time are outside of the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description by the Seller, all prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside of the European Union, additional costs may arise that are not borne by the Seller and are to be borne by the Customer. This includes costs for money transfers through credit institutions (e.g., transfer fees, currency conversion fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise regarding money transfers even if delivery does not occur in a country outside of the European Union but if payment is made from a country outside of it.
4.3 The payment options available will be communicated to Customers in the Seller’s online shop.
4.4 If prepayment via bank transfer has been agreed, payment is due immediately upon conclusion of contract unless otherwise agreed upon by both parties regarding a later due date.
4.5 If payment is made using one of PayPal’s offered payment methods, payment processing occurs through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under PayPal’s terms and conditions available at PayPal User Agreement or – if Customers do not have a PayPal account – under conditions for payments without PayPal accounts at PayPal Privacy Policy.
4.6 When selecting “SOFORT” as a payment method, payment processing is handled through SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). To pay via “SOFORT,” Customers must have an online banking account activated for participation in “SOFORT” with PIN/TAN procedure, authenticate themselves accordingly during the payment process, and confirm their payment instruction to “SOFORT.” The payment transaction is executed immediately afterward by “SOFORT,” and Customers’ bank accounts will be charged accordingly. More information about “SOFORT” can be accessed online at SOFORT Payment.
4.7 When selecting invoice purchase as a payment method, payment becomes due after delivery and billing of goods. In this case, payment must be made within 7 (seven) days from receipt of invoice without any deductions unless otherwise agreed upon. The Seller reserves the right to offer invoice purchase only up to a certain order volume and to refuse this payment method if that specified order volume is exceeded; in this case, Customers will be informed about this payment restriction in their payment information in the online shop.
5) Delivery and Shipping Conditions
5.1 The delivery of goods takes place via shipping to the address provided by Customers unless otherwise agreed upon. The delivery address specified in order processing by Seller is decisive for transaction processing.
5.2 If transportation companies return shipped goods to Seller because delivery to Customers was not possible, Customers bear all costs associated with unsuccessful shipping unless Customers are not responsible for circumstances leading to undeliverability or were temporarily unable to accept offered performance unless Seller announced performance adequately beforehand. Furthermore, regarding shipping costs for sending back goods, if Customers effectively exercise their right of withdrawal, provisions made in Seller’s withdrawal instructions apply.
5.3 For self-collection, Seller will first inform Customers via email that their ordered goods are ready for collection. After receiving this email, Customers can collect their goods upon arrangement with Seller at its premises without any shipping costs being charged.
5.4 Vouchers will be provided to Customers as follows:
- By download
- By email
6) Duration of Contract and Termination of Subscription Contracts
6.1 Subscription contracts are concluded indefinitely and can be terminated by Customers at any time without notice.
6.2 The right to extraordinary termination for important reasons remains unaffected. An important reason exists if it cannot reasonably be expected from terminating party under consideration of all circumstances in individual case and weighing both parties’ interests to continue contractual relationship until agreed termination or until expiration of notice period.
6.3 Terminations must be made in writing or in text form (e.g., by email).
7) Retention of Title
If Seller performs in advance, it retains ownership of delivered goods until full payment of owed purchase price has been made.
8) Liability for Defects (Warranty)
8.1 If purchased item is defective, statutory provisions on liability for defects apply.
8.2 Customers are requested to report delivered goods with obvious transport damages to carrier and notify Seller thereof. If Customers fail to comply with this request, it has no effect on their statutory or contractual claims concerning defects.
9) Special Conditions for Processing Goods According to Customer Specifications
9.1 If Seller owes processing goods according to specific instructions from Customers besides delivering goods per contract content, Customers must provide all necessary content for processing such as texts, images or graphics in formats prescribed by Seller and grant necessary usage rights for this purpose; responsibility for obtaining these contents and rights lies solely with Customers. Customers declare and assume responsibility that they have rights to use contents provided to Seller and ensure that no third-party rights are violated thereby, especially copyright, trademark rights and personal rights.
9.2 Customers indemnify Seller against claims from third parties that may arise due to violation of their rights from contractual use of Customers’ content by Seller against them; Customers also assume reasonable costs necessary for legal defense including all court and attorney fees at statutory rates; this does not apply if violation was not attributable to Customers themselves; Customers must provide information truthfully and completely regarding examination claims and necessary defense promptly if they are held liable by third parties.
9.3 Seller reserves right to refuse processing orders if contents provided by Customers violate legal or regulatory prohibitions or good morals; this applies particularly when providing unconstitutional, racist, xenophobic, discriminatory, defamatory, youth-endangering and/or violence-glorifying contents.
10) Redemption of Promotional Coupons
10.1 Coupons issued free-of-charge within promotional actions with specific validity period (hereinafter referred to as “Promotional Coupons”) can only be redeemed in Seller’s online shop during indicated periods.
10.2 Specific products may be excluded from coupon actions if corresponding restrictions arise from content of Promotional Coupons.
10.3 Promotional Coupons can only be redeemed before completion of ordering process; retroactive billing is not possible.
10.4 Only one Promotional Coupon can be redeemed per order.
10.5 The value of goods must correspond at least to amount of Promotional Coupon; any remaining balance will not be refunded by Seller.
10.6 If value of Promotional Coupon is insufficient for covering order total, one other offered payment method may be selected for settling remaining amount.
10.7 The balance amount on a Promotional Coupon will neither be paid out in cash nor accrue interest.
10.8 A Promotional Coupon will not be refunded if Customer returns items partially or fully paid with Promotional Coupon within their statutory right of withdrawal.
10.9 A Promotional Coupon is intended solely for use by named person thereon; transferability to third parties is excluded; Sellers reserved right but not obligation to verify material entitlement claim of respective coupon holder.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via Sellers’ online shop (hereinafter referred to as “Gift Vouchers”) can only be redeemed in Sellers’ online shop unless stated otherwise on voucher itself.
11.2 Gift Vouchers and remaining balances on Gift Vouchers are redeemable until end of third year following year when voucher was purchased; remaining balances will accumulate until expiration date.
11.3 Gift Vouchers can only be redeemed before completing ordering process; retroactive billing is not possible.
11.4 Only one Gift Voucher may be redeemed per order.
11.5 Gift Vouchers may only be used for purchasing goods and not for buying additional Gift Vouchers.
11.6 If value of Gift Voucher is insufficient for covering order total, one other offered payment method may be selected for settling remaining amount.
11.7 The balance amount on a Gift Voucher will neither be paid out in cash nor accrue interest.
11.8 A Gift Voucher is intended solely for use by named person thereon; transferability to third parties is excluded; Sellers reserved right but not obligation to verify material entitlement claim of respective voucher holder.
12) Applicable Law
12.1 For all legal relationships between parties, law of Federal Republic Germany applies exclusively excluding laws concerning international sale movable goods; regarding consumers this choice only applies as far as no protection granted by mandatory provisions from law where consumer has habitual residence is withdrawn.
12.2 Furthermore this choice applies regarding statutory right of withdrawal does not apply concerning consumers who do not belong to member state EU at time when contract was concluded whose sole residence and delivery address at time when contract was concluded lies outside EU.
13) Jurisdiction
If Customer acts as merchant, public law entity or special fund under public law based within territory Federal Republic Germany exclusive jurisdiction for all disputes arising from this contract shall lie at registered office Seller; if Customer has registered office outside territory Federal Republic Germany then registered office Seller shall have exclusive jurisdiction for all disputes arising from this contract if contract or claims derived from contract can be attributed professional or commercial activity Customer; however Sellers retains right in any case invoke court where Customer has its seat.
14) Code of Conduct
- The Seller has submitted itself to Trusted Shops quality criteria which can be viewed online at Trusted Shops Quality Criteria.
15) Alternative Dispute Resolution
15.1 The EU Commission provides an online platform for dispute resolution at ODR Platform.
This platform serves as contact point for out-of-court settlement disputes arising from online purchase or service contracts involving consumers.
15.2 The seller is neither obligated nor willing to participate in dispute settlement procedures before consumer arbitration board.