General terms and conditions with customer information

State 09.2020

1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. terms of delivery and shipping
5. right of withdrawal
6. reservation of title
7. liability for defects
8. redemption of promotion vouchers
9. applicable law
10. place of jurisdiction
11. information on online dispute resolution

1. scope of application

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of “Rudolf Kotscharjan” (hereinafter referred to as “Seller”), apply to all contracts which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller concerning the goods offered by the Seller in his online store. The inclusion of the customer’s own conditions is contradicted unless otherwise agreed.

1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity.

1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2. conclusion of contract

2.1. The presentation of the goods, especially in the online store, does not constitute a binding offer by the seller.

2.2. First the customer puts the selected goods into the shopping cart. In the following 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 this order and contract data by clicking on the button concluding the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

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

Decisive for the time of acceptance is the first alternative that occurred.

The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound to his declaration of intent.

2.4. If the customer chooses the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking on the button which concludes the ordering process. If the customer simultaneously places a payment order with PayPal by clicking this button, the seller declares, in deviation from the above provisions, the acceptance of the customer’s offer at the time of placing the payment order.

2.5. The text of the contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the internal systems of the seller. The customer can view the general terms and conditions at any time on this page. The order data, the revocation instruction as well as the AGB are sent to the customer by email. After completion of 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 the order button and can be viewed by the customer before sending the order and can be corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, which are labeled accordingly.

2.7. The contract language is German.

2.8. It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3. prices and terms of payment

3.1. The displayed prices are final prices including the legal sales 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 duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before placing an order with the respective institutions or authorities.

3.3. The customer can choose the payment methods that are available in the online store.

3.4 In case of payment by “PayPal”, the payment will be processed by 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. 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 will take place after the issuance of a SEPA Direct Debit mandate and after the expiry of the period for advance information on behalf of the seller from the customer’s bank account. Advance information is the seller’s announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or contract, for example. If the direct debit cannot be honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank 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 the payment by direct debit.

3.6. If payment is made via Klarna Invoice Purchase, payment will be processed by Klarna BANK AB (publ) [https://www .klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). More information about Klarna invoice purchase and Klarna’s terms and conditions can be found in the seller’s payment information:

https://rudwolf.com/versand-und-zahlungsmoeglichkeiten/

3.7. When paying on account via “PayPal invoice”, the payment is processed by PayPal.
The purchase price is due after delivery of the goods and is payable to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.
in all other respects the general terms of use for the use of the invoice purchase of PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. terms of delivery and shipping

4.1. The delivery of goods on the dispatch route takes place to the delivery address indicated by the customer. Notwithstanding the foregoing, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same shall apply in the event that the customer was temporarily prevented from accepting the performance, unless the seller has given him reasonable prior notice of the performance. Excluded from this regulation are the costs of the Hinsendung, if the customer exercised his right of revocation effectively. Here it remains with the legal or the regulation made by the seller.

4.3. The self collection is not offered.

4.4. Vouchers are given to the customer in the following form:

  • by e-mail
  • by download
  • by postal mail

5. right of withdrawal

5.1. If the customer is a consumer, he is basically entitled to a right of withdrawal.

5.2. For the right of revocation the revocation instruction of the salesman applies.

5.3. Consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of revocation.

6. reservation of title

If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

7. liability for defects

7.1. With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2. The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. Non-compliance has no effect on the customer’s legal or contractual claims for defects.

8. redemption of promotion vouchers

8.1. Vouchers which the Seller gives away free of charge within the framework of (advertising) campaigns with a certain period of validity and which the customer cannot purchase (“campaign vouchers”) can only be redeemed in the Seller’s online store and only within the period of time specified by the Seller.

8.2. Individual products may be excluded from the voucher promotion.
The concrete restrictions are to be inferred if necessary from the action coupon.

8.3. Promotional vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.

8.4. Within one order several action coupons can be redeemed.

8.5. The goods value of the respective order must reach at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

8.6. If the value of a promotion voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

8.7. The credit balance of a promotion voucher is neither paid out nor does it bear interest.

8.8. The promotion voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of cancellation.

8.9. Promotional vouchers are generally transferable.
The seller can make payments with dischargin