GTC

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Reservation of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for& the processing of goods according to certain specifications of the customer
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers&
  12. Applicable law
  13. Jurisdiction
  14. Alternative dispute resolution

1) Scope of application

1.1  These General Terms and Conditions (hereinafter„GTC“) of Urtrade GmbH& Co. KG (hereinafter referred to as the„Seller &as the"Seller) shall apply to all contracts for the supply of goods concluded between a consumer or a trader (hereinafter referred to as the „Customer “) concludes with the seller with regard to the goods presented by the seller in his online store. 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 GTC shall apply accordingly, unless otherwise agreed.

1.3& Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that &mainly cannot be attributed to their commercial or independent professional activity&1.4 Entrepreneur within the meaning of these GTC 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 independent professional activity

2) Vertragsschluss

2.1 The product descriptions contained in the seller's online store do not constitute 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 store. After placing the selected goods in the virtual shopping cart and going through 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 ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form or post.

2.3 The seller may accept the customer's offer within fünf 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, in which case receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the 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 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 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 If a payment method offered by PayPal is selected, payment shall be processed&via the payment service provider PayPal (Europe) S.& agrave; r.l. et Cie,S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:„PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua /useragreement-full or - if the customer does notühas a PayPal account– subject to the terms and conditions for payments without a PayPal account, available athttps://www.paypal.com/en /webapps /mpp /ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process

2.5& nbsp;When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store 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 by entering the corresponding login data

2.6  Before placing a binding order& via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process

2.7 &Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.8 As a rule, order processing and contact shall take place 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 third parties commissioned by the seller to process the order can be delivered

3) Widerrufsrecht

3.1  Consumers are generally entitled to a right of withdrawal.

3.2 N& Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and terms of payment

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 transfer by credit institutions (z.B.&transfer fees, exchange rate fees) or import duties or taxes (z.B. duties). Such costs may also be incurred in relation to money transmission 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 method(s) will be communicated to the customer in the seller's online store.

4.4  If advance payment by bank&transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date

4.5& When selecting a payment method offered& 4.6  If the payment method"Immediate&bank transfer "is selected, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter"Klarna"). In order to be able to pay the invoice amount via"immediate&bank transfer", the customer must &have a bank account eligible for &immediate&bank transfer" ;the customer must have an online banking account that has been activated for instant bank transfer, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna and the customer's bank account is debited. Further information on the "instant&bank transfer"payment method can be found on the Internet athttps://www.klarna.com/instant / .

4.7 When selecting a payment method offered via the payment service"Shopify Payments", 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 are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on" Shopify Payments "is available on the Internet athttps://www.shopify.com/legal/terms-payments-en .

5) Delivery and shipping conditions

5.1& nbsp;If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is authoritative. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is authoritative

5.2  If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. For the return shipping costs, the provision made in the seller's cancellation policy shall apply if the customer effectively exercises the right of withdrawal

5.3 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 received the goods;as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise responsible for carrying out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even 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 responsible for carrying out the shipment;the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has instructed the carrier, freight forwarder or other person or institution designated to carry out the shipment to carry out the shipment and the seller has 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-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the consideration shall be refunded immediately

5.5 Self-collection is not possible for logistical reasons&&.

5.6 Vouchers are provided to the customer as follows:

- by e-mail

&6) Eigentumsvorbehalt

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) M& auml;ngelhaftung (Gew ährleistung)

Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall 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 subsequent performance;
  • In the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
  • the warranty rights for used goods are excluded;
  • the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.

7.2  The aforementioned limitations of liability and time limits shall not apply

  • for&claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their&intended use and have caused its defectiveness,
  • for any obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 In addition,&for entrepreneurs, the statutory limitation periods for a possible right of rescission shall apply. existing statutory right of recourse remain unaffected.&

7.4 If the customer acts as a merchanti.S.d. § 1 HGB, he shall be subject to the commercial obligation to inspect and return goods in accordance with&the German Commercial Code& section;§ 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5& nbsp;If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable for any legal reason without restriction&in full

  • in the event 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 regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act.

8.2  If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract;& The fulfillment of which is essential for the proper performance of the contract and on compliance with which the customer may regularly rely.

&8.3 In &all other respects, liability on the part of the seller is excluded.

8.4&The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives

9) Special conditions for the processing of goods according to certain specifications of the customer

9.1  If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, text and graphics;the customer shall provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and shall grant the seller the rights of use required for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights

9.2&The customer shall indemnify the seller against claims of third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information available;to provide all information necessary for the examination of the claims and a defense.

9.3  The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or regulatory prohibitions or offends common decency. This applies in particular to the&disclosure of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer;(hereinafter referred to as"promotional vouchers"), can only be redeemed in the seller's online store and only during the specified period.

10.2  Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3  Promotional vouchers can only be redeemed before completion of the order process. A subsequent offset is not possible

10.4 Only one promotional voucher can be redeemed per order.&

&10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller &

10.6 If 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 chosen to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is&&transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, business incapacity or lack of authorization to represent the respective holder

11) Redemption of gift vouchers&

11.1 Gift vouchers that&can be purchased& in the seller's online shop &in the online store;(hereinafter referred to as"gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

11.2 &

11.3&Gift vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible

11.4 Several gift vouchers can also be redeemed with one order.

11.5& nbsp;Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6& nbsp;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.

11.7  The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8& nbsp;Der Geschenkgutschein ist übertragbar. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, business incapacity or lack of authorization to represent the respective holder

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Gerichtsstand

If the customer acts as a merchant, legal entity under &public law or&public-law special&proprietorship with its registered office in the territory of the Federal Republic of Germany;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 is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract;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 above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

14) Alternative dispute resolution

The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.