Terms of service

General terms and conditions with customer information

Table of contents

General terms and conditions with customer information.

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

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1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of ISPL Business Partner GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") 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 contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. 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 for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email, post or online contact form.

2.3 The seller can accept the customer's offer within five days

- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the customer's receipt of the order confirmation is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by asking the customer to pay after submitting his order.

If there are several of the afore mentioned alternatives, the contract is concluded at the time at which one of the afore mentioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 afore mentioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - under the terms and conditions for payments without a PayPal account, 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 that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting 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 providing the corresponding login data.

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify 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 enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order 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 third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers have a fundamental right of withdrawal.

3.2 More detailed information on the right of cancellation can be found in cancellation policy of the seller.

4) Prices and terms of payment

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

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise 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 (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer 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 option(s) will be communicated to the customer in the seller's online shop.

4.4 When paying by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. More information about the "SOFORT" payment method on the Internet is available at https://www.klarna.com/sofort/.

4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt / Main, to which the provider assigns his payment claim. BS PAYONE GmbH collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to BS PAYONE GmbH with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment is selected via BS PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credits.

4.7 If the payment method "hire purchase by easyCredit" is selected, payment is processed by TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter "TeamBank AG"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, TeamBank AG carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "hire purchase by easyCredit" in the event of a negative test result. If TeamBank AG allows the payment method "hire purchase by easyCredit", the customer has to pay the invoice amount to TeamBank AG according to the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only make payments to TeamBank AG with the effect of discharging the debt. However, even in the case of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes. In addition, the general for hire purchase by easyCredit apply, which are available at https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf.

5) Delivery and dispatch conditions

5.1 The delivery of goods takes place on the dispatch route 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 decisive.

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. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.

6) Retention of title

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

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

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

8.1 If, according to the content of the contract, the seller owes the processing of the goods in addition to the delivery of goods according to certain specifications of the customer, the customer has to provide to the seller all content such as texts, images or graphics necessary for the processing in the file formats, formatting, image and file sizes specified by the seller and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

8.2 The customer exempts the seller from claims by third parties that they can assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. 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 immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be used in the seller's online shop and only in the specified period to be redeemed.

9.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

9.3 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

9.4 Only one campaign voucher can be redeemed per order.

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

9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a campaign voucher is neither paid out in cash nor is interest paid.

9.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.9 The campaign voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner 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 non-authorization, the legal incapacity or the lack of authorization of the respective owner.

10) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the customer has his habitual residence is not withdrawn.

11) Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law based 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 for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes from online purchases - or service contracts to which a consumer is a party.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.