General Terms and Conditions with Customer Information (GTC)
Table of contents
- Conclusion of a contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Rieck und Salazar Kämpf GbR (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly agreed.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that 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 capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent any binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the order process.
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 (e-mail), whereby the receipt of the order confirmation by the customer is authoritative in this respect, or
- by delivering the ordered goods to the customer, in so far as the receipt of the goods by the customer is authoritative, or
- by asking the customer to pay after placing his order.
If several of the above-mentioned alternatives are available, the contract is concluded at the time when one of the above-mentioned alternatives occurs first. The period of time for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period of time, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e. g. e-mail) together with the present General Terms and Conditions of Business. However, the contract text can no longer be retrieved by the customer from the seller's website after the order has been sent.
2.5 Before placing an order through the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. The magnification function of the browser can be an effective technical tool for better recognition of input errors, which can be used to enlarge the display on the screen. The customer can correct his or her entries within the electronic ordering process using the usual keyboard and mouse functions until he or she clicks on the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processiss. In particular, when using SPAM filters, the customer has to ensure that all e-mails sent by the seller or third parties charged with the order processing 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 revocation can be found in the seller's right of revocation.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory value added tax. If applicable, additional delivery and shipping costs are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which are not the responsibility of the seller and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e. g. transfer fees, exchange rate fees) or import levies or taxes (e. g. customs duties). Such costs may be incurred in connection with the transfer of funds even 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 customer will be informed of the payment option (s) in the seller's online shop.
4.5 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after an SEPA Direct Debit Mandate has been issued, but not before expiry of the period for advance information. The direct debit will be collected if the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-Notification "means any communication (e. g. invoice, policy, contract) of the Seller to the Customer which announces a debit by means of SEPA Direct Debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees arising from the reversal of the respective bank, if he is responsible for this. The seller reserves the right to carry out a creditworthiness check when selecting the payment method SEPA direct debit and to reject this payment method in the event of a negative creditworthiness check.
4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland) to which the Provider assigns his payment claim. Stripe collects the invoice amount from the credit card account of the customer. In the event of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after the customer's order has been placed in the online shop. The Supplier remains responsible for general customer enquiries about e.g. the goods, delivery time, dispatch, returns, complaints, declarations of revocation and sending or credit notes even if the payment method credit card payment via Stripe Payments Europe Ltd is chosen.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the customer. The delivery address stated in the seller's order processing is decisive for the transaction.
5.2 If the transport company sends the shipped goods back to the seller, since it was not possible to deliver them to the customer, the customer shall bear the costs for unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service a reasonable time in advance.
5.3 For logistical reasons, it is not possible to collect the goods yourself.
5.4 Vouchers are provided to the customer via e-mail.
6) Retention of title
If the seller enters into advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to make a complaint to the deliverer about the delivered goods with obvious transport damages and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
7.3 We assume no liability for damage to the camera.
8) Redemption of promotion vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "promotion vouchers") may only be redeemed in the Seller's online shop and only within the specified period of time.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the voucher.
8.4 Promotional vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.
8.5 Only one voucher can be redeemed at a time per order.
8.6 The value of the goods must be at least equal to the amount of the promotion voucher. Any remaining credit balance will not be refunded by the seller.
8.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
8.8 The credit balance of a promotion voucher is neither paid out in cash nor bears interest.
8.9 The promotion voucher will 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 legal right of cancellation.
8.10 The promotion voucher is transferable. The seller can make payment to the respective owner, who redeems the voucher coupon in the online shop of the seller, with exempting effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or the lack of representative authority of the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers, which can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers"), can only be redeemed in the seller's online shop, unless otherwise specified in the voucher.
9.2 Gift vouchers and remaining balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit balances shall be credited to the customer until the expiry date.
9.3 Gift Certificates can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift Certificates may only be used for the purchase of goods and not for the purchase of further Gift Certificates.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
9.8 The Gift Certificate is transferable. The seller can make payment to the respective owner, who redeems the gift voucher in the online shop of the seller, with exempting effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or the lack of representative authority of the respective owner.
10) Applicable law
10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the business domicile of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above-mentioned cases, however, the seller is in any case entitled to appeal to the court at the customer's domicile.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for the online settlement of disputes on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.