General Terms and Conditions with Customer Information
- Prices and terms of payment
- Terms of delivery and shipping
- Liability for defects (guarantee)
- Special conditions for the processing of goods according to certain requirements of the customer
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of Devil's Hole UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer's own terms and conditions to be included, unless otherwise agreed.
1.2 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of the 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 make 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 the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the button that concludes the ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart. In addition, the customer can also submit the offer to the seller by e-mail or online contact form.
2.3 The Seller may 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 e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or
• by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end 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 to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment processing is made via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available under https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method in the context of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the seller already declares the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.B. e-mail, fax or letter) after sending his order. The seller will not make the text of the contract available in addition. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.7 Prior to the binding submission of the order via the seller's online order form, the customer can detect 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 magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing 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 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.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for the transfer of funds by credit institutions (e.B. transfer fees, exchange rate fees) or import duties or taxes (e.B. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 is agreed by bank transfer, 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 through the payment service "mollie", payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands ('mollie'). The individual payment methods offered via mollie will be communicated to the customer in the seller's online shop. For the processing of payments, mollie may use other payment services, for which special payment terms may apply, to which the customer may be informed separately. More information on "mollie" is available on the Internet at https://www.mollie.com/de/.
5) Terms of Delivery and Shipping
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail.
5.2 If the 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 with regard to the costs of the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller's revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain requirements of the customer
8.1 If the Seller owes the content of the contract not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights in these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, it shall ensure that no rights of third parties are infringed, in particular copyright, trademark and personal rights.
8.2 The customer informs the seller of claims of third parties, which they can assert against them in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. This does not apply if the infringement is not the customer's foregone action. In the event of a claim by third parties, the customer is obliged to provide the Seller immediately, truthfully and completely with all the information necessary for the examination of the claims and a defence.
8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, endangering and/or violent content.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to 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.
10) Place of jurisdiction
If the customer acts as 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the Seller is entitled in any case to appeal to the court at the customer's registered office.
11) Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.