General terms and conditions
General Terms and Conditions with Customer Information
1. scope of application
2 Conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7 Liability for defects
8. liability
9. indemnification in case of violation of third party rights
10. redemption of promotional vouchers
11 Applicable law
12. place of jurisdiction
13. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Huus UG" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all the necessary data for order processing are 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 concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
The customer may 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 of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that has occurred is decisive for the time of acceptance.
The period for acceptance of the offer begins on the day after the customer sends 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.
2.6 The contractual language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting 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 terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 The customer can select the payment methods available in the online shop.
3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 In the case of payment on account, the purchase price shall become due after delivery of the goods and invoicing. The purchase price shall be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The buyer is free to choose other methods of payment.
3.6 In the case of payment via "PayPal Direct Debit", the collection of the debt by PayPal from the customer's bank account shall take place after a SEPA Direct Debit Mandate has been issued and after expiry of the period for prior information on behalf of the seller. Prior information is the seller's announcement to the customer that his account will be debited by means of a SEPA Direct Debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations vis-à-vis the seller and the seller shall remain unaffected by payment by direct debit.
3.7 When paying on account via "PayPal Invoice", the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after the creditworthiness has been checked, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.
The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by this method of payment.
otherwise, the General Terms of Use for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. delivery and shipping conditions
4.1 The delivery of goods by dispatch shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 Delivery by forwarding agent shall be made "free kerbside", i.e. to the nearest public kerbside to the delivery address. This shall only apply if nothing to the contrary is stated in the Seller's shipping information and nothing else has been agreed.
4.3 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
4.4 The risk of accidental loss and accidental deterioration of the sold goods 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 is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorised to receive them.
Notwithstanding the foregoing, the risk shall pass, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the Seller has not previously named this person or institution to the Customer.
4.5 The conclusion of the contract is subject to the reservation that in the event of improper, delayed or non-existent self-delivery, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
4.6 Self-collection is not offered.
4.7 Vouchers shall be provided to the Customer in the following form:
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The Seller's cancellation policy shall apply to the right of cancellation.
6. retention of title
6.1 In the case of contracts with consumers, the goods remain the property of the seller until payment has been made in full.
6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the seller shall refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.
7 Liability for defects
With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.1 If the customer acts as an entrepreneur,
7.2 If the customer is acting as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation
do not apply
7.4 The statutory limitation periods for a contractor's right of recourse § 478 BGB
remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB).
7.6 If the customer is acting as a consumer, he is requested to complain to the delivery agent about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
8. liability
The liability of the seller from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable without limitation for damage that is attributable to intentional or grossly negligent conduct.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.
An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.
The seller is also liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
8.2 Liability is - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply mutatis mutandis to the benefit of the Seller's employees and vicarious agents.
9. indemnification in case of violation of third party rights
If, in addition to the delivery of the goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against claims of third parties in this context, unless the customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
10. redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
10.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
10.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 Promotion vouchers are generally transferable.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12. 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 shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract 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 appeal to the court at the customer's registered office.
13. information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
1. scope of application
2 Conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7 Liability for defects
8. liability
9. indemnification in case of violation of third party rights
10. redemption of promotional vouchers
11 Applicable law
12. place of jurisdiction
13. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Huus UG" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all the necessary data for order processing are 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 concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
The customer may 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 of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that has occurred is decisive for the time of acceptance.
The period for acceptance of the offer begins on the day after the customer sends 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.
2.6 The contractual language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting 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 terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 The customer can select the payment methods available in the online shop.
3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 In the case of payment on account, the purchase price shall become due after delivery of the goods and invoicing. The purchase price shall be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The buyer is free to choose other methods of payment.
3.6 In the case of payment via "PayPal Direct Debit", the collection of the debt by PayPal from the customer's bank account shall take place after a SEPA Direct Debit Mandate has been issued and after expiry of the period for prior information on behalf of the seller. Prior information is the seller's announcement to the customer that his account will be debited by means of a SEPA Direct Debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations vis-à-vis the seller and the seller shall remain unaffected by payment by direct debit.
3.7 When paying on account via "PayPal Invoice", the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after the creditworthiness has been checked, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.
The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by this method of payment.
otherwise, the General Terms of Use for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. delivery and shipping conditions
4.1 The delivery of goods by dispatch shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 Delivery by forwarding agent shall be made "free kerbside", i.e. to the nearest public kerbside to the delivery address. This shall only apply if nothing to the contrary is stated in the Seller's shipping information and nothing else has been agreed.
4.3 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
4.4 The risk of accidental loss and accidental deterioration of the sold goods 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 is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorised to receive them.
Notwithstanding the foregoing, the risk shall pass, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the Seller has not previously named this person or institution to the Customer.
4.5 The conclusion of the contract is subject to the reservation that in the event of improper, delayed or non-existent self-delivery, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
4.6 Self-collection is not offered.
4.7 Vouchers shall be provided to the Customer in the following form:
- by e-mail
- per download
- postal
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The Seller's cancellation policy shall apply to the right of cancellation.
6. retention of title
6.1 In the case of contracts with consumers, the goods remain the property of the seller until payment has been made in full.
6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the seller shall refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.
7 Liability for defects
With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- the rights and claims due to defects are generally excluded in the case of used goods;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- the limitation period shall also not recommence if a replacement delivery has been made within the scope of liability for defects.
7.2 If the customer is acting as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation
do not apply
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for damages culpably caused by the Seller resulting from injury to life, body or health and in the case of damages caused by gross negligence or wilful misconduct
- or in the event of fraudulent intent on the part of the seller as well as in the event of claims pursuant to §§ 478, 479 BGB.
7.4 The statutory limitation periods for a contractor's right of recourse § 478 BGB
remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB).
7.6 If the customer is acting as a consumer, he is requested to complain to the delivery agent about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
8. liability
The liability of the seller from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable without limitation for damage that is attributable to intentional or grossly negligent conduct.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.
An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.
The seller is also liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
8.2 Liability is - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply mutatis mutandis to the benefit of the Seller's employees and vicarious agents.
9. indemnification in case of violation of third party rights
If, in addition to the delivery of the goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against claims of third parties in this context, unless the customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
10. redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
10.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
10.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 Promotion vouchers are generally transferable.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12. 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 shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract 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 appeal to the court at the customer's registered office.
13. information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.