Terms and Conditions

General Terms and Conditions with Customer Information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special terms for the processing of goods according to the customer’s specifications
10. Applicable law
11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Uwe Malte Arndt (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter “Customer”) and the Seller with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may 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 for the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by e-mail, fax, online contact form or telephone.
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), 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 the Customer has placed the order.

If two or more of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed 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/uk/legalhub/paypal/useragreement-full or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/uk/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.
2.6 Before bindingly submitting the 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 of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 third parties commissioned by the Seller to process the order 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 withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are 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 are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise 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 available payment method(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 a later due date.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the transaction.
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 shall not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision made in the Seller’s withdrawal policy shall apply to the return costs.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or any 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 goods sold shall in principle only pass upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any 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 shall only apply in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may 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.

6) Retention of title

If the Seller makes advance delivery, the Seller retains title to 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 provisions of statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1 If the Customer acts as a trader,

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• 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 manner of use 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 traders, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect the goods and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed 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 thereof. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, liability on the part of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Special terms for the processing of goods according to the customer’s specifications

9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all 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 the Seller the usage rights required for this purpose. The Customer is solely responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also assume the necessary costs of legal defence, including all court and legal fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer shall be obliged to provide the Seller immediately, truthfully and completely with all information required to examine the claims and mount a defence.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory or offensive content, content that endangers young people and/or content that glorifies violence.

10) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: The German original of these General Terms and Conditions was created by the specialist lawyers of IT-Recht Kanzlei and is protected by copyright (https://www.it-recht-kanzlei.de). This is an English translation of that original; in case of doubt, the German version prevails.