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 Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Daniel Mücher
(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 displayed 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 concludes a legal transaction for purposes that are predominantly neither commercial nor can be attributed to their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts 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 for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through 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.
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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 the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
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 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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 PayPal's terms of use, available at https://www.paypal.com/de/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/de/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 hereby 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 contract text is stored 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 Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending 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 entering 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
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for better detection of 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 completes 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 by email and automated order processing. The Customer must ensure that the email address provided by him 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 with order processing can be delivered.
2.9 When ordering data carriers that are not suitable for minors (FSK or USK-18 articles), the Customer confirms by submitting the order that he has reached the legally required minimum age. The Seller ensures, by using an age verification system, that the Customer has reached the legally required minimum age. Therefore, goods will only be handed over after successful age verification and authentication of the Customer.
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 the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified 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 money transfers 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 connection with money transfers 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.
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4.4 If advance payment by bank transfer is 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 offered via the payment service "Shopify Payments" is selected, 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 the customer in the seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.6 If a payment method offered via the payment service "Stripe" is selected, 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 Stripe will be communicated to the customer in the seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Stripe can be found on the internet at https://stripe.com/de.
4.7 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller's withdrawal policy apply.
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5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise 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 with the handover of the goods to the Customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller had 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 applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. 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 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes an advance payment, he reserves ownership of the delivered goods until the full payment of the owed purchase price.
7) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, 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 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 begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions of deadlines regulated above do not apply
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- for claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller maliciously 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 of the Seller 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 the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the Customer fails to comply with the reporting obligations regulated therein, the goods are deemed to have been approved.
7.5 If the customer is a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, it has no effect on his statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- for intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- based on mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability exists according to the preceding paragraph. Essential 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 enables the proper execution of the contract in the first place and on whose observance the Customer may regularly rely.
8.3 Otherwise, any liability of the Seller is excluded.
8.4 The aforementioned liability regulations also apply with regard to the liability of the
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Seller for his vicarious agents and legal representatives.
9) Applicable Law
The laws of the Federal Republic of Germany apply to all legal relations between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.