General terms and conditions
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and contract termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming promotion vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter „GTC“) of FINE DESIGN Shop – Ralf Hoesen (hereinafter „Seller“) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the customer’s own conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.4 Depending on the seller’s product description, the object of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as „subscription contract“). In a subscription agreement, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contractual term in the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent 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 into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering 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 (fax or e-mail), 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 placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after 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, this shall be deemed 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 shall be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
2.5 Prior to binding submission of the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place via 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 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 third parties commissioned by the seller to process the order can be delivered.
2.8 When placing an order for alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorised by him may accept the goods.
3) Right of withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
3.3 Please note that Advent calendars are excluded from exchange or return for understandable reasons.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The customer shall be informed of the payment option(s) in the seller’s online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method „IMMEDIATELY“ is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as „IMMEDIATELY“). In order to be able to pay the invoice amount „IMMEDIATELY“, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in „IMMEDIATELY“, legitimise himself accordingly during the payment process and confirm the payment instruction to „IMMEDIATELY“. The payment transaction is carried out immediately afterwards by „SOFORT“ and the customer’s bank account is debited. The customer can call up more detailed information on the „SOFORT“ payment method on the Internet at https://www.klarna.com/sofort/
4.6 In the case of subscription contracts, the purchase price for the goods to be delivered permanently is payable in advance for the agreed delivery interval. The respective payment options for the subscription shall be communicated to the customer in the seller’s online shop. If the SEPA Direct Debit payment method is selected and a corresponding SEPA Direct Debit Mandate is issued, any amounts due shall be collected from the Customer’s bank account at the beginning of the new delivery interval. If the direct debit is not redeemed due to a lack of sufficient account coverage or due to the indication of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the direct debit payment method and to reject this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.
5.2 In the case of subscription contracts, the Customer shall notify the Seller immediately of any changes to the delivery address.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall 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 service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.4 If the customer acts as an entrepreneur, 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 goods 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 generally not pass to the customer or a person authorized to receive the goods until the goods have been handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously designated this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 Self-collection is not possible for logistical reasons.
5.7 Vouchers are given to the customer as follows:
per Download
by e-mail
postal
6) Duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot be reasonably expected to continue the contractual relationship until the agreed termination or the expiry of a period of notice.
6.3 Notices of termination shall be given in writing or in text form (e.g. by e-mail).
7) Retention of title
7.1 With regard to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7.2 The seller reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.
7.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations towards the seller, does not default on payment and no application for the opening of insolvency proceedings has been filed.
8) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
8.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects shall be one year from the passing of risk;
the rights and claims due to defects are generally excluded for used goods;
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.2 If the customer acts as a consumer, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer, with the limitation of the following paragraph.
8.3 The limitations of liability and shortening of the limitation period regulated in the above clauses shall not apply.
for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for claims for damages and reimbursement of expenses on the part of the customer, and
in the event that the seller has fraudulently concealed the defect.
8.4 In addition, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected for entrepreneurs.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB (German Commercial Code). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
9.1 The Seller shall be liable without limitation on any legal grounds whatsoever
in case 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 agreed,
due to mandatory liability such as under the Product Liability Act.
9.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely on.
9.3 Any further liability on the part of the Seller is excluded.
9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
10) Redemption of promotion vouchers
10.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as „Promotion Vouchers“) can only be redeemed in the Seller’s online shop and only within the specified period.
10.2 Promotion vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
10.4 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
10.5 Only one promotion voucher can be redeemed per order.
10.6 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.8 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.
10.9 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 statutory right of withdrawal.
10.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.
11) Redeeming gift vouchers
11.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as „gift vouchers“) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.
11.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 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 selected to settle the difference.
11.7 The credit balance of a gift voucher is neither paid in cash nor interest is paid on it.
11.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.
12) Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Portugal, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with 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 is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
14) Alternative dispute resolution
14.1 The 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 contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.