General Terms and Conditions with Customer Information

Disclaimer

This English translation is for information purposes only.
The German original (Allgemeine Geschäftsbedingungen) is the legally binding version.

Table of Contents

1. Scope of Application
2. Conclusion of 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. Special Terms for the Processing of Goods According to Specific Customer Specifications
10. Governing Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1  These General Terms and Conditions (hereinafter “GTC”) of Jennifer Becker, trading as “Seegang Berlin” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 A “business operator” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as the basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation 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 more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission 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 result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/ de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6  Before submitting 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. An effective 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 entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language options are displayed in the online store.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller’s online store.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller makes an advance payment to the customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, 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 specific payment methods offered via Shopify Payments are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to special payment terms and conditions; the customer will be notified of these separately, if applicable. 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 to ship the goods, delivery will be made within the delivery area specified by the seller to the shipping address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s withdrawal policy apply to return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods 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 any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5 For logistical reasons, pickup by the Customer is not possible.

6) Retention of Title

If the seller makes an advance delivery, it reserves title to 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 statutory provisions regarding liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for claims arising from defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened time limits set forth above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• to goods that were used in accordance with their customary purpose in a structure and caused its defectiveness,
• for any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.

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 willful misconduct or gross negligence,
• in cases of intentional or negligent injury to life, limb, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding section. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3 In all other respects, the Seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

9.1  If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific specifications, the Customer must provide the Seller with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, including, but not limited to, copyrights, trademark rights, and personality rights.

9.2 The Customer shall indemnify the Seller against any claims by third parties that such third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s 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 obligated to immediately provide the Seller with truthful and complete information necessary for the review of the claims and for the Seller’s defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.