terms and conditions
- Prices and terms of payment
- Terms of delivery and shipping
- Liability for defects (guarantee)
- Redemption of promotional vouchers
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter "Terms") of Timo Dreger, acting under "Xaratex" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with respect to the goods presented by the Seller in his online shop. This is contrary to the inclusion of the customer's own terms and conditions, unless otherwise agreed.
1.2For the purposes of these General Terms and Conditions, 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 status that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1The 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.
2.2The customer can 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 going through the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. In addition, the customer can also submit the offer by e-mail to the seller.
2.3The 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 the receipt of the order confirmation by the customer is decisive in so far as the customer's receipt of the order confirmation is decisive, or
- by supplying the ordered goods to the customer, whereby the receipt of the goods with the customer is decisive in so far, or
- by requesting the customer to pay after placing his order.
If there are several of the above alternatives, the contract shall be concluded at the time when one of the above-mentioned alternatives first occurs. The deadline for acceptance of the offer begins to run on the day after the customer submits the offer and ends with the expiry 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 to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4If the payment method "PayPal Express" is selected, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Service, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions of payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
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 ('Amazon'), in accordance with the Amazon Payments Europe User Agreement, which can be viewed under https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. Any further making available of the contract text by the seller shall not take place. 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.
2.7Before making a binding 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 increases the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8Only the German language is available for the conclusion of the contract.
2.9Orders processing and contacting are usually carried out 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 for order processing can be delivered.
3) Right of withdrawal
3.1Consumers are in principle entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be obtained from the seller's revocation instructions.
4) Prices and terms of payment
4.1Unless otherwise stated in the Seller's product description, the prices quoted 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.
4.2The payment option/will be communicated to the customer in the seller's online shop.
4.3If 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.
4.4 When payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Service, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions of payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5If the payment method "SOFORT" is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4.6If a payment method is selected through the Shopify Payments payment service, payment is processed through the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ('Shopify'). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online shop. For the processing of payments, Shopify may use other payment services, for which special payment terms apply, which the customer may be informed of separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
4.7If you select a payment method offered through the payment service "Klarna", payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found in the seller's payment information, which can be viewed at the following Internet address:
5) Terms of delivery and shipping
5.1The delivery of goods takes place by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the sending-out if the customer exercises his right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller's revocation instruction.
5.3Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)
7.1If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2The customer is asked to complain to the delivery company of 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) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
8.3Promotional vouchers can only be redeemed before the order process is completed. A subsequent clearing is not possible.
8.4Only one promotional voucher can be redeemed per order.
8.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
8.7The balance of a promotional voucher is neither paid out in cash nor interest-bearing.
8.8The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9The promotional voucher is transferable. The seller can pay with liberating effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller is aware or grossly negligent of the non-authorisation, incapacity for business or the lack of right to represent the respective owner.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between 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.
10) Alternative dispute resolution
10.1The Eu 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.
10.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.