1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of prodis-design GmbH (hereinafter referred to as "Seller") apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of Seller's completed in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, by e-mail, by post or by online contact form to the seller.
2.3 The seller may accept the offer of the customer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be accessed by the customer via his password-protected user account, stating the corresponding login data free of charge.
2.5 Before placing the order on 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 display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional 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 be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even 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 online shop of the seller.
4.4 If payment is made 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 Service, available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/webapps/mpp/ua/privacywax-full.
4.5 If you select the payment method Invoice Purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is not possible for logistical reasons.
5.4 Vouchers will be given to the customer as follows:
- by post
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
8.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 When placing an order, several gift vouchers can be redeemed.
8.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
8.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
8.7 The credit of a Gift Certificate will not be paid in cash or interest.
8.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
9.1 If the customer acts as a consumer within the meaning of Section 1.2, all legal relationships between the parties shall be governed by Swiss law excluding the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
9.2 If the customer acts as an entrepreneur within the meaning of Section 1.2, then the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.