General Terms and Conditions of Business with Customer Information
Table of Contents
1. Scope
2. Entering into a contract
3. Cancellation right
4. Prices and terms and conditions of
payment
5. Delivery and shipping terms and
conditions
6. Reservation of title
7. Liability for defects (warranty)
8. Special conditions for the processing
of goods based on certain requirements
of the Customer
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative conflict resolution
1) Scope
1.1 These general terms and conditions
of business of Assheuer + Pott GmbH & Co. KG (hereinafter
"Seller") apply to all contracts that a consumer or an entrepreneur
(hereinafter "Customer") enters into with the Seller regarding the
goods and/or services presented by the Seller in its online shop. We hereby
object to the incorporation of the Customer's own conditions unless provisions
to the contrary are agreed upon.
1.2 These general terms and conditions
of business apply accordingly to contracts for the provision of vouchers unless
otherwise expressly agreed.
1.3 A consumer within the meaning
of these general terms and conditions of business is any natural person who
enters into a legal transaction for purposes that largely can neither be
attributed to their commercial nor self-employed professional activity. An
entrepreneur within the meaning of these general terms and conditions of
business is any natural or legal person, or a legally viable partnership, upon
entering into a legal transaction acting by way of performing their commercial
or self-employed professional activity.
2) Entering into a contract
2.1 The product descriptions presented
in the Seller's online shop do not constitute binding offers on the part of the
Seller, but rather are intended for the customer with which to make a binding
offer.
2.2 Customers can make an offer via the
online order form integrated in the Seller's online shop. In that respect, once
the Customer has placed the selected goods in the virtual shopping basket and
has completed the electronic order process by clicking on the button to
complete the order process, the Customer makes a legally binding, contractual,
offer in relation to the goods contained in the shopping basket.
2.3 The Seller can accept the
Customer’s offer within five days
- By forwarding to the Customer written
confirmation of an order or order confirmation in text form (fax or e-mail),
whereby receipt of the order confirmation by the Customer is, insofar,
authoritative, or
- By supplying the ordered goods to the
Customer, whereby receipt of the goods by the Customer is, insofar,
authoritative, or
- By requesting payment from the
Customer once the Customer has placed his order.
If several of the above-mentioned
options apply, the contract shall be brought about at the time at which one of
the above-mentioned options first occurs. The period for accepting an offer
shall commence on the day after the Customer sends the offer, and shall end
following expiry of the fifth day that follows the sending of the offer. If the
Seller fails to accept the Customer's offer within the above-mentioned period,
this shall be deemed a rejection of the offer and shall give rise to the
consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the Customer chooses a payment
method offered by PayPal, payment shall be processed by the payment service
provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449
Luxembourg (hereinafter referred to as “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 - subject to the Terms of Payment for
Payments without a PayPal Account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays
by way of a payment method offered by PayPal that can be selected in the online
ordering process, the Seller declares acceptance of the Customer’s offer at the
time at which the Customer clicks the button that completes the order process.
2.5 If the “Amazon Payments” payment
method is selected, payment shall be processed via the payment service provider
Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg
(hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement,
available at https://payments.amazon.de/help/201751590. If the Customer selects
“Amazon Payments” as a payment method during the online order process, the
Customer shall also issue a payment order to Amazon by clicking the button that
concludes the order process. In this case, the Seller declares acceptance of
the Customer’s offer at the time at which the Customer triggers the payment process
by clicking the button that concludes the order process.
2.6 When an offer is made via the
Seller’s online order form, the text of the contract shall be stored by the
Seller once the contract has been entered into and forwarded to the Customer in
text form (e.g. e-mail, fax or letter) after the Customer has sent his order.
The Seller shall not make the text of the contract accessible beyond this.
Insofar as the Customer has set up a user account in the Seller’s online shop
before sending his order, the order data shall be archived on the Seller’s
website and can be accessed by the Customer free of charge via his
password-protected user account by providing the relevant login data.
2.7 Before placing the 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. The
browser enlargement function, by way of which the screen display is enlarged,
can be used as an effective technical means for better recognition of input
errors. The Customer can correct his entries during the electronic order
process using the usual keyboard and mouse functions until he clicks the button
that concludes the order process.
2.8 German is exclusively available for
entering into the contract.
2.9 Normally, orders are processed and
contact is established by e-mail and orders are processed automatically. The
Customer is to ensure that the e-mail address he provides for processing the
order is accurate such that the e-mails sent by the Seller can be received at
such an address. The customer is to ensure, in particular in the case of using
spam filters, that all e-mails sent by the Seller or by third parties
commissioned by the Seller with order processing can be delivered.
3) Cancellation right
3.1 Consumers have a cancellation right
as a matter of course.
3.2 The cancellation right is set out in
greater detail in the Seller’s cancellation policy.
4) Prices and terms and conditions of
payment
4.1 Unless otherwise stated in the
Seller’s product description, the prices quoted are total prices which include
the statutory value added tax. Where applicable, additional delivery and
shipping costs shall be stated separately in the respective product
description.
4.2 The Customer shall be informed of
the payment option(s) in the Seller’s online shop.
4.3 If advance payment by bank
transfer is agreed upon, amounts shall fall due for payment immediately after
entering into the contract provided the parties do not agree on a later due
date.
4.4 If the “PayPal Credit” payment
method (payment by instalments via PayPal) is selected, the Seller assigns its
payment claim to PayPal. Before accepting the Seller’s declaration of
assignment, PayPal shall conduct a creditworthiness check using the forwarded
Customer data. The Seller reserves the right to refuse the Customer the “PayPal
Credit” payment method in the event of a negative check result. If the “PayPal
Credit” payment method is approved by PayPal, the Customer is to pay the
invoice amount to PayPal at the conditions specified by the Seller that are
communicated to him in the Seller’s online shop. In such a case, he can only
make payment to PayPal by way of a debt-discharging effect. However, the Seller
shall remain responsible for general customer enquiries, e.g. regarding the
goods, delivery time, shipping, returns, complaints, cancellation notices and
deliveries or credit notes, including in the event of assigning a claim.
4.5 If the payment method purchase on
account via Unzer is selected, the purchase price shall fall due after the
goods have been delivered and invoiced. In such a case, the purchase price is
to be paid within 14 (fourteen) days of receipt of the invoice without
deduction to Unzer GmbH, Vangerowstr. 18, D-69115 Heidelberg (hereinafter
“Unzer”). The purchase on account payment method shall be subject to a
successful credit check by Unzer. If the Customer is permitted to use the
purchase on account payment method after the creditworthiness has been checked,
payment shall be processed in cooperation with Unzer, to whom the Seller shall
assign its payment claim. In this case, the Customer can only make payment to
Unzer by way of a debt-discharging effect. Even if the purchase on account
payment method via Unzer is selected, the Seller shall remain responsible for
general customer enquiries, e.g. regarding the goods, delivery time, shipping,
returns, complaints, cancellation notices and deliveries or credit notes,
including in the event of assigning a claim.
The purchase on account payment method
via Unzer shall be excluded
- If the order value falls below the
amount of 25.00 euros,
- If the delivery address stated by the
Customer is not identical with the invoice address, in particular if a packing
station or a post office box is given as the delivery address, or
- If the Customer has not yet reached
the age of 18 years.
The Seller also reserves the right to
offer the purchase on account payment method via Unzer only up to a certain
order volume and reject such a payment method if the specified order volume is
exceeded. In such a case, the Seller shall inform the Customer of a
corresponding payment restriction in its payment information in the online
shop.
4.6 If the direct debit payment method
via Unzer is selected, payment shall be transferred via the payment service
provider Unzer GmbH, Vangerowstr. 18, D-69115 Heidelberg (hereinafter
"Unzer”), to whom the Seller assigns its payment claim. Before accepting
the Seller’s declaration of assignment, Unzer shall conduct a creditworthiness
check using the forwarded Customer data. The Seller reserves the right to
refuse the Customer the direct debit payment method in the event of a negative
check result. If the direct debit payment method via Unzer is permitted by
Unzer, Unzer shall collect the invoice amount from the Customer’s bank account
after issuing a SEPA direct debit mandate, but not before expiry of the
deadline for the prior notification. Prior notification is any communication
(e.g. invoice, policy, contract) directed to the Customer announcing a debit by
way of SEPA direct debit. If the direct debit is not honoured due to a lack of
funds in the account or due to the provision of incorrect bank details, or if
the Customer objects to the direct debit even though he is not entitled to do
so, the Customer shall bear the fees incurred by the respective credit
institution as a result of the chargeback if he is responsible for this.
The direct debit payment method via
Unzer shall be excluded
- If the order value falls below the
amount of 25.00 euros,
- If the delivery address stated by the
Customer is not identical with the invoice address, in particular if a packing
station or a post office box is given as the delivery address, or
- f the Customer has not yet reached the
age of 18 years.
The Seller also reserves the right to
offer the direct debit payment method via Unzer only up to a certain order
volume and reject such a payment method if the specified order volume is
exceeded. In such a case, the Seller shall inform the Customer of a
corresponding payment restriction in its payment information in the online
shop.
5) Delivery and shipping terms and
conditions
5.1 Unless otherwise agreed, goods shall
be delivered via the shipping route to the delivery address specified by the
Customer. In the case of processing the transaction, the delivery address
stated in the Seller's order processing shall be authoritative.
5.2 If delivery of the goods fails for
reasons for which the Customer is responsible, the Customer shall bear the
reasonable costs incurred by the Seller as a result. This shall not apply with
regard to the cost of the return shipping if the Customer effectively exercises
his right of withdrawal. In the event that the Customer effectively exercises
his cancellation right, the provision made in the Seller’s withdrawal
instructions shall apply to the return costs.
5.3 Customer collection is not possible
for logistical reasons.
5.4 Vouchers shall be made available to
the Customer as follows:
- Via download
- Via e-mail
6) Reservation of title
If the Seller provides advance
performance, the Seller reserves ownership of the delivered goods up until
payment in full of the due purchase price.
7) Liability for defects (warranty)
7.1 The provisions of the statutory
liability for defects shall apply if the object of sale is faulty.
7.2 If the Customer is acting as a
consumer, he is requested to direct complaints about delivered goods with
obvious transport damage to the deliverer and inform the Seller accordingly. If
the Customer fails to do so, this shall have no effect on his statutory or
contractual warranty claims.
8) Special conditions for the processing
of goods based on certain requirements of the Customer
8.1 If the content of the contract
specifies that the Seller also undertakes to process the goods according to
certain specifications of the Customer in addition to delivery of the goods,
the Customer shall provide the Seller with all content required for the
processing, such as texts, images or graphics in the file formats, formatting,
image and file sizes specified by the Seller and shall grant the Seller the
rights of use required for this purpose. The Customer alone shall be
responsible for the procurement and acquisition of rights to such content. The
Customer declares and assumes responsibility such that he has the right to use
the content made available to the Seller. The Customer shall, in particular,
ensure that no third party rights are infringed in that respect, in particular
copyrights, trademark rights or personal rights.
8.2 The Customer shall render the Seller
exempt from any third party claims that the latter may assert against the
Seller in conjunction with an infringement of its rights as a result of the
contractual use of the Customer’s content by the Seller. In this context, the
Customer shall also bear the reasonable cost of the necessary legal defence,
including all court costs and lawyers’ fees in the statutory amount. This shall
not apply if the Customer is not responsible for the infringement. In the event
of a third party claim, the Customer undertakes, without delay, to furnish the
Seller with truthful and complete information required for a review of the
claims and a defence.
8.3 The Seller reserves the right to
refuse processing orders if the content made available by the Customer for this
purpose violates legal or official prohibitions or offends common decency. This
applies, in particular, to the provision of content that is
anti-constitutional, racist, xenophobic, discriminatory, offensive, endangers
youth and/or glorifies violence.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of
charge by the Seller as part of promotions with a specific period of validity
and which cannot be purchased by the Customer (hereinafter “Promotional
Vouchers”) can only be redeemed in the Seller’s online shop and only during the
specified period.
9.2 Promotional Vouchers can only be
redeemed by consumers.
9.3 Individual products may be excluded
from the voucher promotion if a corresponding restriction results from the
content of the Promotional Voucher.
9.4 Promotion Vouchers can only be
redeemed before the order process is completed. Subsequent offsetting is not
possible.
9.5 Only one Promotional Voucher can be
redeemed for each order.
9.6 The goods value must be at least
equal to the amount of the Promotional Voucher. Any remaining credit shall not
be refunded by the Seller.
9.7 If the value of the Promotional
Voucher is not sufficient to cover the order, one of the other payment methods
offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a Promotional
Voucher is neither paid out in cash nor does it earn interest.
9.9 The Promotional Voucher shall not be
refunded if the Customer returns the goods paid for in full or in part via the
Promotional Voucher within the scope of his statutory right of withdrawal.
9.10 The Promotional Voucher is
transferable. The Seller may make payment by way of discharging effect to the
respective holder redeeming the Promotional Voucher in the Seller’s online
shop. This shall not apply if the Seller has knowledge, or is grossly negligent
in its ignorance, of the ineligibility, legal incapacity or lack of
representative authority of the respective holder.
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 in the Gift Voucher.
10.2 Gift Vouchers and remaining
balances of Gift Vouchers are redeemable until the end of the third year
following the year of purchase of the Gift Voucher. Remaining balances shall be
credited to the Customer up until the expiry date.
10.3 Gift Vouchers can only be redeemed
before the order process is completed. Subsequent offsetting is not possible.
10.4 Several Gift Vouchers can be
redeemed for one order.
10.5 Gift Vouchers can only be used to
purchase goods and cannot be used to purchase additional Gift Vouchers.
10.6 If the value of the Gift Voucher is
not sufficient to cover the order, one of the other payment methods offered by
the Seller may be chosen to settle the difference.
10.7 The credit balance of a Gift
Voucher is neither paid out in cash nor does it earn interest.
10.8 The Gift Voucher is transferable.
The Seller may make payment by way of discharging effect to the respective
holder redeeming the Gift Voucher in the Seller’s online shop. This shall not
apply if the Seller has knowledge, or is grossly negligent in its ignorance, of
the ineligibility, legal incapacity or lack of representative authority of the
respective holder.
11) Applicable law
The law of the Federal Republic of
Germany applies to the parties’ legal relations by way of exclusion of the Laws
on the International Purchase of Movable Goods. In the case of consumers, this
choice of law shall only apply insofar as the granted protection is not
withdrawn by way of obligatory provisions of the law of the country in which
the consumer has his customary place of abode.
12) Place of jurisdiction
If the Customer acts as a merchant,
legal person under public law or special public funds with a registered office
located in the sovereign territory of the Federal Republic of Germany, the
Seller's principal place of business shall be deemed the exclusive place of
jurisdiction for all disputes resulting from this contract. If the Customer has
his registered office outside the sovereign territory of the Federal Republic
of Germany, the Seller's principal place of business shall be deemed the
exclusive place of jurisdiction for all disputes resulting from this contract
if the contract or the claims resulting from the contract can be attributed to
the Customer's occupational or commercial activity. However, in any case the
Seller shall be entitled to bring legal action at the competent court for the
Customer's registered office.
13) Alternative dispute settlement
13.1 The EU Commission provides a
platform for online dispute settlement, which can be accessed via the following
link: https://ec.europa.eu/consumers/odr
This platform is intended as a contact
point for the out of court settlement of disputes resulting from online
purchases or contracts for work and services involving a consumer.
13.2 The Seller neither undertakes nor
is willing to take part in dispute settlement proceedings before a consumer
arbitration board.
