General Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of promotional vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Julian-Felipe Grunow, trading under "Julian-Felipe Grunow" (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated.
1.3 A consumer, within the meaning of these General Terms and Conditions, is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4 For the purposes of these General Terms and Conditions, an "entrepreneur" is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but are intended to enable the customer to make a binding offer.
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 cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that completes the ordering process.
2.3 The seller may accept the customer's offer within five days.
- by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the customer sends the offer and ends on the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered 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 processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal selectable in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g., e-mail, fax, or letter) after submission of their order. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their 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 identify potential input errors by carefully reading the information displayed on the screen. A useful technical tool for better detection of input errors is the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their input using standard keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered when using SPAM filters.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices including the statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed upon, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, the payment processing is handled 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 shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, which the customer will be informed of separately if necessary. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Terms
5.1 If the seller offers shipping, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored with PayPal by the customer at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made by the seller in the cancellation policy applies if the customer effectively exercises their right of withdrawal.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution otherwise 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 generally only passes with the handover of the goods to the customer or a person entitled to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer even in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment with the execution 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-supply. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a concrete hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-pickup is not possible due to logistical reasons.
5.6 Vouchers will be provided to the customer as follows:
- per download
- by email
- by mail
6) Retention of title
If the seller makes a prepayment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer is acting as a business,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for claims due to defects is one year from the delivery of the goods;
- the warranty rights are excluded for used goods;
- the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.
7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods, with the limitation of the following clause: The limitation period for claims due to defects is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon between the parties and the customer has been specifically informed of the reduction of the limitation period before making their contractual declaration.
7.3 The limitations of liability and reductions in deadlines stipulated above shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to fulfill the notification obligations stipulated therein, the goods are deemed to be approved.
7.6 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller. Failure to do so will not affect their statutory or contractual warranty claims.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation on any legal basis.
- in cases of intent or gross negligence,
- in the case of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise stipulated,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content for the purpose of achieving the contractual purpose, the fulfillment of which is a prerequisite for the proper execution of the contract, and on the observance of which the customer may regularly rely.
8.3 Furthermore, the seller is excluded from liability.
8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. A subsequent settlement is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the outstanding amount.
9.8 The balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the promotional voucher under their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller may make payment with a release effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement, incapacity to act, or lack of authority to represent.
10) Redemption of gift vouchers
10.1 Gift vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent settlement is not possible.
10.4 Multiple gift vouchers can be redeemed with one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the outstanding amount.
10.7 The balance of a gift voucher will not be paid out in cash nor will it accrue interest.
10.8 The gift voucher is transferable. The seller may make payment with a release effect to the respective holder 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 lack of entitlement, incapacity to act, or lack of representative authority of the respective holder.
11) Applicable Law
The law of the Federal Republic of Germany shall govern all legal relations between the parties, to the exclusion of the laws on the international sale of movable property. 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 state in which the consumer has their habitual residence.
12) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Copyright Notice: These Terms and Conditions were created by the specialist lawyers of the IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
As of: 08/31/2025, 00:22:20