Terms of service
General Terms and Conditions with Customer Information
1. Scope
2. Conclusion of Contract
3. Prices and Payment
Conditions 4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Redemption of Gift Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Information on Online Dispute Resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Olaf Kuntze" (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller relating to all goods and/or services offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise agreed.
1.2. These GTC shall apply accordingly to the purchase of vouchers unless expressly agreed otherwise.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2. Conclusion of contract
2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all necessary data for order processing is recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart. The customer can also submit this offer to the seller by fax, email, post, or telephone.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- sending a written order confirmation or an order confirmation in text form (fax or e-mail) or
- requesting payment to the customer after placing the order or
- delivery of the ordered goods
The first alternative that occurs shall be decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer sends the offer and ends on 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 constitutes a rejection of the offer. The customer is then no longer bound by their declaration of intent.
2.4. If the payment method "PayPal" or "Paypal Express" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal User Agreement applies; this can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects "PayPal" or "PayPal Express" as the payment method for their purchase, or if the customer pays using one of the PayPal payment methods, they submit their offer by clicking the button that concludes the ordering process. If the customer also issues a payment order to PayPal by clicking this button, the seller declares, in deviation from the above provisions, that they accept the customer's offer at the time the payment order is issued.
2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy, and the general terms and conditions will be sent to the customer by email. After the order has been completed, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button on the browser or using the usual mouse and keyboard functions. In addition, the customer has access to buttons for correction, where available, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contact and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and payment terms
3.1. The prices displayed are final prices unless otherwise agreed.
If the goods are subject to differential taxation in accordance with Section 25a of the German Value Added Tax Act (UStG), sales tax is not shown.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is outside the EU, additional customs duties, taxes, or fees may be payable by the customer to the responsible customs or tax authorities or credit institutions there.
The customer is advised to inquire about the details with the respective institutions or authorities before ordering.
3.3. The customer can select the payment methods available in the online shop.
3.4. For advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5. When paying via PayPal, payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Delivery and Shipping Conditions
4.1. Goods are delivered to the delivery address provided by the customer. By way of derogation from this, when paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that make delivery impossible, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies if the customer is temporarily prevented from accepting the service, unless the seller has given them reasonable advance notice of the service. Excluded from this provision are the costs of delivery if the customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the seller apply.
4.3. If self-collection has been agreed, the customer will be informed by the seller that the goods ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case, no shipping costs will be charged.
4.4. Vouchers will be issued to the customer in the following form:
- by email
- per Download
- by post
5. Right of Withdrawal
5.1. If the customer is a consumer, they are generally entitled to a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of withdrawal.
6. Retention of Title
If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for Defects
7.1. With regard to the warranty, the statutory liability for defects applies unless otherwise agreed.
7.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. Failure to do so will have no effect on the customer's statutory or contractual claims for defects.
8. Redemption of Gift Vouchers
8.1. Vouchers purchased through the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
8.2. Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer's voucher account by the expiration date.
8.3. Gift vouchers can only be redeemed before the order process is completed. Subsequent redemption is not possible.
8.4. Multiple gift vouchers can be redeemed within one order.
8.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
8.6. If the value of a gift voucher is insufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
8.7. Balances on gift vouchers are not paid out and do not bear interest.
8.8. The gift voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to verify the material entitlement of the respective voucher holder.
9. Applicable Law
: The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.
10. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a 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 seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases the seller is also entitled to bring the case before the court at the customer's place of business.
11. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed online at the following link: https://ec.europa.eu/odr
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are generally willing to do so.
