Terms and Conditions

General Terms and Conditions with Customer Information

As of: August 13, 2023

 

Table of Contents

  1. Scope of the Terms and Conditions
  2. Contact and Service Information
  3. General Information about Offers and Orders
  4. Ordering Process and Conclusion of Contract
  5. Ordering Process and Conclusion of Contract on the Amazon Platform
  6. Ordering Process and Conclusion of Contract on the eBay Platform
  7. Contract Text and Contract Language
  8. Customer Account
  9. Information about Prices and Shipping Costs
  10. Payment Methods and Conditions
  11. Reservation of Ownership
  12. Delivery, Product Availability
  13. Subscriptions
  14. Sale of Gift Vouchers
  15. Promotional Vouchers
  16. Copyright and Usage Rights
  17. Right of Withdrawal
  18. Warranty and Liability
  19. Changes to the Terms and Conditions
  20. Final Provisions
  21. Dispute Resolution and Consumer Dispute Resolution
  22. Disclaimer of Liability

 

  1. Scope of the Terms and Conditions
  • The business relationship between LaClass (hereinafter referred to as "Seller") and the purchaser of the products and services of the Seller (hereinafter referred to as "Products" or "Goods") is exclusively governed by the following General Terms and Conditions (hereinafter referred to as "AGB").
  • Deviating conditions of the Customer are not recognized, even if the Seller provides its performance without objection, unless the Seller expressly agrees to the application of the deviating conditions of the Customer.

 

  1. Contact and Service Information

 

  1. General Information about Offers and Orders
  • The presentation of products in the shop, on websites, and in digital or printed brochures, catalogs, or similar product presentations of the Seller does not constitute a legally binding offer but an invitation to place an order and thus an offer by the Customer.
  • Customers are responsible for ensuring that the information they provide is accurate and for notifying the Seller of any changes that are necessary for the fulfillment of the contract. In particular, Customers must ensure that the provided email and delivery addresses are correct and that any delivery obstacles that Customers are responsible for are taken into account (e.g., by checking the spam folder of the used email software).
  • Customers are requested to carefully read and observe the instructions during the order process and to use available support functions of their software and hardware if necessary (e.g., enlargement or reading functions). Required information will be appropriately marked as such for the Customer by the Seller (e.g., through visual highlighting and/or asterisk symbols). Until the order is submitted, Customers can change and view the product selection and their entries at any time, go back in the ordering process, or cancel the entire ordering process. For this purpose, Customers can use the available and common functions of their software and/or end devices (e.g., the forward and backward buttons of the browser or keyboard, mouse, and gesture functions on mobile devices). Unwanted entries can also be corrected by canceling the ordering process.

 

  1. Ordering Process and Conclusion of Contract
  • The Customer can select products offered by the Seller in the Seller's range and collect them in a so-called shopping cart. The product selection can be changed within the shopping cart, e.g., deleted. Otherwise, the Customer can initiate the conclusion of the ordering process.
  • By clicking on the button that concludes the ordering process, the Customer submits a binding offer to purchase the products in the shopping cart from the Seller.
  • A contract between the Customer and the Seller can also be concluded by email. The Customer can submit a binding offer to the Seller by email or, in the case of the transmission of a binding offer by the Seller, accept it by email.

 

  1. Ordering Process and Conclusion of Contract on the Amazon Platform
  • The conditions of this section apply to orders placed through the Amazon platform. The purchase contract is concluded with the Seller and not with Amazon.
  • The Customer can select products offered by the Seller in the Seller's range and collect them in a so-called shopping cart. The product selection can be changed within the shopping cart, e.g., deleted. Otherwise, the Customer can initiate the conclusion of the ordering process.
  • In addition to the ordering process via the "shopping cart" system of Amazon, the Customer can also complete the ordering process directly by using the "1-Click" or "Buy Now" buttons of Amazon. In this case, an order is automatically created and sent to the delivery address stored by the Customer at Amazon. The order can then be changed or canceled in the order overview in the "My Account" section. The purchase price is paid via the payment method stored by the Customer at Amazon for the "1-Click" or "Buy Now" procedures. The Customer will be informed about the delivery and payment options by a separate note and can also change the delivery and payment information in the "My Account" section. The use of the "1-Click" or "Buy Now" procedures may also require activation by the Customer in their Amazon account.
  • The Seller can accept the Customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the conclusion of the ordering process by the Customer and ends with the expiration of its last day. The Seller can accept the Customer's offer by an explicit acceptance of the contract by the Seller or by Amazon, also by email. Acceptance can also occur by sending the goods and their receipt by the Customer within the acceptance period, as well as by a payment request directed by the Seller or by Amazon to the Customer and, at the latest, by the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the Seller does not accept the Customer's offer within the acceptance period, no contract is concluded and the Customer is no longer bound to their offer.

 

  1. Ordering Process and Conclusion of Contract on the eBay Platform
  • The terms of this section apply to orders placed through the eBay platform. The purchase contract is established with the seller and not with eBay.
  • By listing an offer in auction format or as a fixed-price purchase, the seller makes a binding offer for the conclusion of a contract according to the information and conditions specified for the product. By placing a bid, the eBay user accepts the offer under the suspensive condition of being the highest bidder at the end of the period determined by the seller. If the bid of the eBay user is outbid, their offer becomes void. The seller can set a minimum price that must be reached for the contract to be concluded. By clicking on the "Buy Now" button provided within the offer, the eBay user can immediately purchase the item. In the case of auction formats, "Buy Now" is only available if no bid has been placed on the offer yet, or if the minimum price has not been reached. For items with the "Immediate Payment" option, the contract is concluded only after the subsequent payment process has been completed. The purchase of multiple items at a fixed price is possible if they are added to the shopping cart using the shopping cart function and the payment process is completed thereafter.
  • In the case of enabling the submission of a price proposal, the price proposal from the eBay user constitutes a purchase offer, which the seller can accept or reject. The seller can also make a counteroffer, which the eBay user can accept or respond to with another counteroffer. If an offer is accepted by the eBay user or the seller, the purchase contract is established. Price proposals are valid until the end of the offer period and for a maximum of 48 hours. When using the "Make Offer" option in a listing, immediate payment is not required, unless the eBay user is prompted to confirm their payment method while entering the price proposal.
  • If the seller's offers include a "Click & Collect" note, buyers can collect the purchased products from the selected store of the seller. Payment can be made with PayPal, direct debit, or credit card. The purchase contract is concluded on the eBay platform as soon as the product is purchased and paid for. The seller may make the collection dependent on the presentation of an identity document of the buyer and, in the case of authorization by a representative, a proper authorization signed by the buyer, indicating the date and name of the buyer.
  • Customers who are registered for the "eBay Plus" option have the possibility of receiving a Hermes return label from eBay for the purpose of returns. For this, customers must fulfill the following conditions and requirements: https://www.ebay.de/help/buying/returns-refunds/rckgabe-eines-artikels-gegen-eine-rckerstattung?id=4775. In such cases, customers can drop off the shipment at a Hermes ParcelShop nearby.

  

  1. Contract Text and Language
  • The seller stores the contract text and provides it to customers in written form (e.g., via email or printed with the order delivery). Before submitting the order, the customer can print the contract text by using the print function of their browser or the webpage saving function in the final step of the order.
  • The seller may provide contractual documents to customers who are entrepreneurs in written form or through another method (e.g., by referring to an online source).
  • If customers have created a customer account, they can view the orders placed in their account area. The complete contract text is not accessible in the account area.
  • The contract languages are German and English, and contracts can be concluded in these languages.

 

  1. Customer Account
  • The seller provides customers with a customer account. Within the customer account, customers are provided with information about orders and their customer data stored by the seller. The information stored in the customer account is not public.
  • Customers can place an order as a guest without having to create a customer account.
  • Customers are obligated to provide truthful information in the customer account and to update the information in case of changes to their actual circumstances (e.g., updated email address in the event of a change, or updated postal address before placing an order). Customers are responsible for any disadvantages resulting from incorrect information.
  • Customers are responsible for their customer accounts within their sphere of influence and to the extent that responsibility is reasonable for them. Customers are required to exercise utmost care when using access data for the customer account and to take any measures necessary to ensure the confidential and secure handling of the data, preventing their disclosure to third parties. Customers are obliged to promptly inform the seller if there is reason to suspect that a third party has knowledge of access data and/or is abusing the customer account.
  • The customer account may only be used in accordance with applicable legal regulations, especially the provisions for protecting third-party rights, and in accordance with the seller's terms and conditions, using the access forms and other technical access methods provided by the seller. Other forms of use, particularly through external software such as bots or crawlers, are prohibited.
  • To the extent that customers store, provide, or post content or information (hereinafter referred to as "Content") within the customer account, customers are responsible for this information. The seller does not endorse the customers' content. However, the seller reserves the right to take appropriate measures based on the level of legal infringement risk posed by the content, particularly the risk to third parties. Such measures, which comply with criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, especially the fundamental rights of customers, may include (partial) deletion of content, requests for action and explanation, warnings and admonitions, as well as bans.
  • Customers can terminate the customer account at any time. The seller can terminate the customer account with a reasonable notice period, typically two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the account for extraordinary reasons.
  • From the time of termination, the customer account and the information stored within it will no longer be accessible to the customer. It is the responsibility of the customer to secure their data upon terminating the customer account.

 

  1. Information about Prices and Shipping Costs
  • All price indications are, unless otherwise stated, total prices including the applicable statutory value-added tax (VAT).
  • Any additional delivery and shipping fees in addition to the sales price will be communicated to the customer in the respective product description and before completing the order, or linked to.
  • For deliveries to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g., import duties) or costs (e.g., bank fees) may apply. These expenses are not collected by the seller but are to be settled by the customer with the respective tax or customs authorities. The seller recommends that customers inform themselves about possible additional costs with the relevant authorities and based on the applicable national regulations.
  • In addition to the stated prices, the seller charges the following shipping costs: Shipping costs are calculated in the shopping cart based on total costs, quantity, and delivery address.

 

  1. Payment Methods and Payment Conditions
  • Payments are to be made without deduction, discounts, or other allowances, unless otherwise agreed.
  • When using financial institutions and other payment service providers, the terms and conditions and privacy policies of the payment service providers also apply to the payment. Customers are requested to observe these regulations and instructions, as well as information provided during the payment process. This is particularly important because the provision of payment methods or the payment process may also depend on agreements between the customer and financial institutions and payment service providers (e.g., agreed spending limits, location-specific payment options, verification procedures, etc.).
  • The customer ensures that they meet the requirements necessary for successful payment using the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimization, and authorization with payment services, as well as confirmation of transactions.
  • If a payment is not executed or is reversed due to insufficient account balance, incorrect bank details, or an unauthorized objection by the customer, the customer is responsible for the resulting fees, provided they are responsible for the failed or reversed transaction and in the case of a SEPA transfer were informed in a timely manner (so-called "pre-notification").
  • If the seller assigns its payment claim against the customer to payment service providers, payment with discharging effect can only be made to the respective payment service provider. The seller's contractual obligations towards the customer, in particular performance and warranty obligations, compliance with revocations, and contractual ancillary obligations, are not affected by the assignment.
  • Credit card payment - By placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after the order is completed and authorized as the legitimate cardholder.
  • Amazon - The payment is processed by Amazon, where the customer can settle the owed payment amount by credit card or direct debit. The seller does not receive payment data from Amazon. Amazon offers additional payment methods for items sold through Amazon Marketplace via the domain Amazon.de and for items marked with the "Shipped by Amazon" note, including monthly invoice (in cooperation with arvato Payments Solutions GmbH), financing (in cooperation with "Barclaycard," offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact, iDeal, and Przelewy24. In the case of payment methods BLIK, Bancontact, iDeal, and Przelewy24, payment is charged immediately after the order is completed. In the case of payment methods credit card, direct debit, monthly invoice, and financing, payment is made after the item is shipped. For the payment method iDEAL, the customer needs a Dutch bank account, for Bancontact, a Belgian bank account, and for Przelewy24/BLIK, a Polish bank account. Financing requires registration with Barclaycard. The use of the payment methods monthly invoice and financing requires a successful address and creditworthiness check of the customer. Further information about ordering through Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information about accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for customers who are entrepreneurs and purchase on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Customers can find further information about payment methods in the "My Account" section under "Your Payments."
  • Klarna - The payment is processed through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna"), using the provided or customer-selected Klarna payment method. The terms of use of Klarna apply and can be viewed at https://www.klarna.com/de/ and will be communicated to the customer during the payment process.
  • Klarna Instant Transfer (Sofort) - Payment is carried out using online banking data provided by the provider Sofort GmbH immediately after the order, according to Klarna Instant Transfer conditions (which will also be communicated to the customer during the order process). Further information: https://www.klarna.com/sofort/.
  • PayPal - Payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the provided or customer-selected PayPal payment method. Customers will be directed to PayPal directly at the end of the ordering process. For customers who have a PayPal account, the following terms and conditions of PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms and conditions apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms and conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  • PayPal Plus (PayPal) - The customer must have a PayPal account and pay the owed amount using the PayPal transaction process.
  • Amazon Pay - The use of Amazon Pay requires registration for this payment method. The payment transaction is carried out based on Amazon Pay terms, which will also be communicated to the customer during the ordering process. The customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered by Amazon Pay. After the order is placed, the payment transaction is initiated via Amazon Pay. Further information and terms: https://pay.amazon.de/.
  • Giropay - The use of Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out based on Giropay terms, which will also be communicated to the customer during the ordering process. Further information: https://www.giropay.de.
  • Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on Google Pay terms, which will also be communicated to the customer during the ordering process. Further information: https://pay.google.com.
  • Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on Apple Pay terms, which will also be communicated to the customer during the ordering process. Further information and terms: https://www.apple.com/de/apple-pay/.
  • Costs incurred due to reminders of due claims will be charged to the customers. Customers reserve the right to provide evidence of no or lesser costs.
  • The seller is entitled to charge statutory default interest and other consequences and costs determined by law to delinquent customers in the event of payment default. The customer's obligation to pay default interest does not preclude the seller from claiming further damages caused by default. Default damages may include costs of legal enforcement, such as legal advice, dunning procedures, or debt collection.
  • Customers have the right to set-off only if their counterclaims have been legally established or acknowledged by the seller.
  • Customers can exercise their right of retention only to the extent that the claims result from the same contractual relationship.

 

  1. Retention of Title
  •    In cases where the seller provides goods in advance, the delivered products remain the property of the seller until full payment is received.

 

  1. Delivery, Availability of Goods
  • The ordered goods will be delivered to the specified delivery address, unless alternative agreements have been made.
  • If a payment service provider is used where a delivery address is stored and the customer's use of the payment method provides the seller with this delivery address as relevant for the ordered delivery, the goods will be delivered to the different delivery address.
  • If the customer arranges to pick up the goods, the seller will notify the customer of the availability of the goods at the agreed-upon pickup location. In this case, subject to any explicit contrary agreement, the customer will not incur shipping costs.
  • If the delivery of goods fails due to reasons attributable to the customer, the customer will bear the costs incurred by the unsuccessful delivery and return, to a reasonable extent. If the costs arise due to the exercise of the withdrawal right by consumers, the aforementioned obligation to bear costs applies only to the outbound shipping costs, while the return shipping costs are subject to the provisions in the cancellation policy.
  • Should the delivery of goods fail three times due to the customer's fault, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.
  • If the ordered goods are unavailable due to reasons not attributable to the seller (such as failure to be supplied by the seller's supplier despite the seller's reasonable efforts), the seller may withdraw from the contract. In this case, the seller will promptly inform the customer and may suggest delivering a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any consideration received from the customer.
  • In cases of delivery and performance delays due to force majeure and unforeseeable events significantly complicating or preventing delivery, the seller is not responsible for adhering to binding deadlines or schedules, even in cases of contractual agreements. In such cases, the seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable lead time. This right to postpone the deadline applies to customers who are entrepreneurs, even in cases of unforeseeable events affecting the operations of a pre-supplier and are beyond the control of both the seller and the pre-supplier. During the duration of this hindrance, the customer is also exempt from their contractual obligations, particularly payment. If the delay is not reasonable for the customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or after mutually consulting with the seller.
  • Customers are requested to report obvious transport damages to the carrier or freight forwarder immediately upon receipt or to inform the seller of such damages. For consumers, failure to report damages does not impose any obligation, and not reporting does not limit their legal rights, including warranty and withdrawal rights.
  • For customers who are entrepreneurs, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the seller hands over the goods to the carrier, the freight forwarder, or another person or institution designated to carry out the shipment; the specified delivery dates and deadlines, unless otherwise stated or agreed upon, are not binding.

 

  1. Subscriptions
  • A "subscription" refers to the regular acquisition of products or other services by "subscribers" (referred to as customers in the context of subscription contracts) within an ongoing contractual relationship (also known as a "subscription contract") for a specified period (also referred to as the "subscription period").
  • A subscription contract obliges the seller to deliver the services covered by the subscription contract or perform other actions at the agreed-upon times or intervals and within the agreed-upon subscription period. The details of individual subscriptions are provided in their respective offers.
  • Termination occurs for the next performance or delivery date or the next delivery within the subscription period.
  • Subscriptions are billed in advance at the beginning of each subscription period.
  • After termination before the end of the subscription period, the subscriber will receive a refund for the prepaid fee attributable to the remaining subscription period.
  • The subscriber must promptly notify the seller of changes to the delivery or delivery address and is otherwise responsible for delivery obstacles resulting from the lack of notification.
  • The right to extraordinary termination of the subscription contract remains subject to legal requirements.
  • Subscription contracts can be terminated in written form (e.g., email).

 

  1. Sale of Vouchers
  • These terms and conditions also apply to the sale of vouchers representing monetary or tangible value.

 

  1. Promotional Vouchers
  • "Promotional vouchers" refer to vouchers issued by the seller free of charge, as part of promotions, for example (e.g., discount vouchers with percentage or fixed discounts). However, vouchers that represent a specific monetary or tangible value and are acquired by the customer as a product are not considered promotional vouchers.
  • Promotional vouchers can only be considered according to the specified terms, taking into account any restrictions, such as their applicability to specific product categories, frequency of use, and, in particular, only within the specified timeframe.
  • Unless otherwise specified, promotional vouchers cannot be combined with other promotional vouchers.
  • Unless otherwise specified, promotional vouchers given to recipients cannot be transferred to third parties.
  • Promotional vouchers issued by the seller can only be redeemed with the seller.
  • Unless otherwise specified, promotional vouchers can only be redeemed before completing the order process.
  • If the redemption of a promotional voucher leaves an amount to be paid, this amount can be settled using the payment methods offered by the seller.
  • If a promotional voucher exceeds the value of the goods, it will only be considered up to the amount of the goods' value, and no refund of the remaining amount will be provided.

 

 

  1. Copyright and Usage Rights
  • The products distributed by the seller are protected by intellectual property rights (including copyright and trademark rights). The usage and exploitation rights are held by the seller or the respective rights holders. Customers are obligated to acknowledge and adhere to these protective rights.
  • Customers are granted simple rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products are not permitted. In particular, copyrighted products of the seller may not be reproduced, distributed, publicly provided, or otherwise made available to third parties on the internet or intranets. Public reproduction, duplication, or other forms of republication are not part of this contract and are therefore prohibited. Copyright notices, trademarks, and other reservation of rights must not be removed from the products, except if necessary for the contractual use of the products or legally allowed.
  • If the products are subject to specific usage licenses, customers will be informed about the usage license. In this case, the provisions of the usage license take precedence over these terms and conditions.
  • In cases where the seller provides goods in advance, the granting of usage rights to the customer is provisional and only becomes effective once the customer has fully paid the purchase price for the relevant products.

 

  1. Cancellation Policy
  • Information regarding the right of withdrawal for consumers can be found in the seller's cancellation policy.
  • The right of withdrawal does not apply to consumers whose place of residence, habitual abode, or delivery address at the time of contract conclusion and delivery is outside a member state of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these member states.
  • The provisions of these terms and conditions do not restrict the legal rights of customers with regard to withdrawal, termination, cancellation, warranty, and defect rights, as well as other mandatory rights of the customer, including payment and other claims. These terms and conditions apply secondarily to these rights.

 

  1. Warranty and Liability
  • The warranty (liability for defects) is governed by legal provisions, subject to the following regulations.
  • The seller may restrict the warranty for customers who are consumers if the seller has specifically informed the customers and the limitation of warranty is expressly and separately agreed upon and this agreement is provided to the customer on a durable medium.
  • For used goods, the warranty is excluded for customers who are entrepreneurs. This limitation of the warranty period does not apply in cases of fraudulent intent, intentional acts, gross negligence, injury to life, body, and health, essential contractual obligations that are necessary to fulfill the contract's purpose and on which the customer may rely (cardinal obligations), and for the application of the Product Liability Act, as well as for goods that have been used in accordance with their usual use for construction and where the defect occurs in the construction.
  • The customer's legally non-waivable recourse rights against the seller within the framework of recourse by entrepreneurs for consumer goods purchases are not restricted.
  • If the customer is an entrepreneur, the choice between remedying the defect (i.e., rectification of the defect) of faulty goods or delivering defect-free goods is made by the seller.
  • Commercially acceptable, permissible deviations in quality, weight, size, thickness, width, equipment, pattern, color, etc., are not defects.
  • With regard to customers who are entrepreneurs, the product description or any product descriptions or manufacturer information expressly included by the seller are decisive for the product's condition. Other information in media or public statements, as well as information from the manufacturer or third parties, are not relevant.
  • The seller is liable without limitation for damages caused by intent or gross negligence. Furthermore, the seller is liable for slight negligence in the event of a breach of essential duties, the violation of which endangers the achievement of the purpose of the contract, the violation of duties, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the customer regularly relies on (cardinal obligations), or in the event of agreed-upon warranty promises. In this case, however, the seller is only liable for foreseeable, contract-typical, and expected damages. The seller is not liable for slight negligence in breach of obligations other than those mentioned above. The above limitations of liability do not apply in cases of injury to life, body, and health, for defects after assuming a warranty for the product's condition, and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected. If the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents. In addition, customer claims for damages are excluded. The above liability provisions also apply to customer claims for damages within the framework of the seller's statutory warranty.

 

  1. Changes to the Terms and Conditions
  • The seller reserves the right to amend these terms and conditions in the case of continuous obligations (i.e., contracts that run for an extended period, involving the provision of services and/or consideration) at any time with effect for the future under the following circumstances: a) When the amendment aims to align the terms and conditions with applicable law, especially if the applicable legal situation changes; b) When the amendment is necessary for the seller to comply with binding court or official decisions; c) When entirely new services or service elements, as well as technical or organizational processes, require a description in the terms and conditions; d) When the amendment is advantageous for customers.
  • In the case of customers who are entrepreneurs, changes can also be made in addition to the mentioned cases if they are reasonable, appropriate, and justified.
  • The seller will send the amended terms and conditions to the customer's email address provided to the seller at least two weeks before they come into effect. If a customer does not object to the new terms and conditions within two weeks of receiving the email, the amended terms and conditions are considered accepted by the customer. Upon notification of the change, the seller will inform the customers of the consequences of not contesting the changes. Customers can also agree to the amended terms and conditions by giving explicit consent.

 

  1. Final Provisions
  • The legal relationship between the customer, if the customer is an entrepreneur, and the seller is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  • The place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.

  

  1. Dispute Resolution and Consumer Dispute Settlement
  • The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
  • We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

 

  1. Disclaimer
  • The German version is exclusively legally binding.