General Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Specific Customer Specifications
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Harald Mücke, trading under "www.spielmaterial.de" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented 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 Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, upon conclusion of a Legal transaction in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
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 completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, or telephone.
2.3 The seller can 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 email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his or her declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via 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 Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process orders can be delivered.
3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to the transfer of money 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 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method is selected via the payment service For the payment method offered by "PayPal," payment processing is carried out via PayPal, whereby PayPal may also utilize the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that require advance payment to the customer (e.g., 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 named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be 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 the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" are available online at https://www.shopify.com
4.7 If you select the payment method "purchase on account", the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method "purchase on account" up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in their payment information in the online shop.
5. Delivery and Shipping Conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.3 If the customer acts as a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized person. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods at the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the customer as follows:
- via download
- via email
6. Retention of Title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- The seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for warranty rights is one year from delivery of the goods;
- For used goods, warranty rights are excluded;
- The limitation period does not commence anew if a replacement delivery is made within the scope of the warranty.
7.2 The above-regulated limitations of liability and Shortened deadlines do not apply
- to the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.5 If the customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this will have no effect on their statutory or contractual claims for defects.
8. Liability
The seller is liable to the customer for all contractual, contractually similar and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason.
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller 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 compliance with which the customer can generally rely on.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9. Special Conditions for the Processing of Goods According to Specific Customer Specifications
9.1 If, according to the content of the contract, the Seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the Customer must provide the Seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary usage rights. The Customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. The customer is responsible for ensuring, in particular, that no third-party rights are violated, in particular copyrights, trademarks, and personality rights.
9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary to examine the claims and to defend themselves.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people, and/or glorifies violence.
10. Applicable Law
10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
11. Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.