Terms of service
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Reservation of proprietary rights
7. Liability for defects
8. Liability
9. Redemption of gift vouchers
10. Redemption of promotional vouchers
11. Applicable law
12. Information on online dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Nikolaus Schörmer", trading under "Offroad and Consulting" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller about the goods offered by the Seller in his online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to the purchase of vouchers, if and insofar as not expressly otherwise regulated.
1.3 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4 Entrepreneur 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 self-employed professional activity.
2. Conclusion of contract
2.1 The presentation of the goods in particular in the online shop does not yet constitute a binding offer from the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of these order and contract data by clicking on the button concluding the ordering process does the customer make a binding offer for the purchase of the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
Or
- Request for payment to the customer after placing the order
Or
- Delivery of the ordered goods
The first alternative that has occurred is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes the rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method "PayPal" or "Paypal Express" is selected, the payment is 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: "Paypal"). The Paypal user agreement applies here, which is available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button that completes the order process. If the customer also issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, that he accepts the customer's offer at the time of placing the payment order.
2.5 The contract text of the 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 can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, the customer has, if available, buttons for correction, which are labelled accordingly.
2.7 The contract language is German.
2.8 It is the responsibility of the customer to provide a correct email address to contact and process the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1 The displayed prices are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further customs duties, taxes or charges may be charged by the customer to the customs or customs authorities responsible there. Tax authorities or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
3.3 The customer can select the payment methods available in the online shop.
3.4 When paying by "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 In the case of payment via "PayPal direct debit", the collection of the claim by PayPal takes place after the issuance of a SEPA direct debit mandate and after the expiry of the deadline for the advance information on behalf of the seller from the customer's bank account. A preliminary information is the announcement of the seller to the customer that his account will be debited by SEPA direct debit and can be done, for example, in the form of an invoice or a contract. If the direct debit cannot be redeemed due to insufficient account coverage or due to the provision of incorrect bank details or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.
3.6 When paying by "pay immediately", payment is processed via Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying via "pay immediately" you need a Klarna account. The payment will be made immediately after completion of the payment process by Klarna and your bank account will be debited. Further information on the payment method "pay immediately" can be found on the Internet at https://www.klarna.com/sofort/.
In addition to these terms and conditions, Klarna's terms and conditions and privacy policy apply to payment processing via Klarna. Further information on the seller's Klarna payment methods as well as Klarna's conditions for this can be found in the seller's payment information.
4. Delivery and shipping conditions
4.1 The delivery of goods by shipping is made to the delivery address specified by the customer. By way of derogation from this, the delivery address stored by the customer at the time of payment with PayPal is decisive for payment via PayPal.
4.2 If the seller incurs additional costs due to the indication of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the false indication or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has adequately notified him of the service in advance. Excluded from this regulation are the costs of return shipment if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3 Self-collection is not offered.
4.4 Vouchers are provided to the customer in the following form:
*By e-mail
*By download
*Postal
5. Right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The cancellation policy of the seller applies to the right of cancellation.
5.3 Consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile 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. Reservation of proprietary rights
If the seller enters into advance payment, the goods remain the property of the seller until full payment of the purchase price.
7. Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
- In the case of used goods, the warranty period is one year from delivery of the goods, deviating from the legal regulation. The shortened one-year warranty period does not apply
- in the case of items which have been used in accordance with their usual use for a structure and its defectiveness…