Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Justin Ries, operating under "Justin Ries" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you/your"), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor your independent professional activity.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by asking you to pay after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be handled 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"), subject to the PayPal User Agreement, viewable at https://www.paypal.com
2.5 When submitting an offer via our company's online order form, the contract text will be stored by us after the contract has been concluded and will be sent to you in text form (e.g. e-mail, fax or letter) after you have sent your order. We will not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed free of charge by you via your password-protected user account by entering the corresponding login data.
2.6 Before placing a binding order via our online order form, you 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 your browser's zoom function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in our product description, the prices given are total prices. Value added tax is not shown as we are a small business owner within the meaning of the German VAT Act. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to you in our online shop.
4.3 If you select a payment method offered via the payment service "PayPal", payment processing will be handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we make an advance payment to you (e.g. purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative test result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes.
4.4 If you select a payment method offered via the payment service "Shopify Payments", payment processing is carried out 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 will be communicated to you in our online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which you may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com
5) Delivery and Shipping Conditions
5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive.
5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For the return costs, the provision made in our cancellation policy applies to the effective exercise of the right of withdrawal by you.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you with the handover of the goods to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods, even if you act as a consumer, passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If we make advance payments, we reserve title to the delivered goods until full payment of the owed purchase price.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines regulated above do not apply
- for your claims for damages and reimbursement of expenses,
- if we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If you act as a merchant within the meaning of Section 1 HGB, you are subject to the commercial inspection and complaint duty according to Section 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us thereof. If you fail to do so, this has no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If we negligently violate an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless we are liable without limitation according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The foregoing liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
9) Applicable Law
All legal relations between you and us shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law only applies insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.
10) Alternative Dispute Resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
