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General Terms and Conditions with Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Granting of Rights of Use for Digital Content
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Hönninger & Moschik GbR (hereinafter “Seller”) shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise expressly agreed. Digital content within the meaning of these GTC means data that is created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the order 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), whereby receipt of the order confirmation by the Customer is decisive in this respect, or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or

  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 aforementioned period, this shall be deemed a rejection of the offer with the consequence 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 shall be carried out via 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 User Agreement, 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 for payments without a PayPal account, available 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 during the online ordering process, the Seller hereby already declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract shall be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent their order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data shall 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 submitting a binding 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 detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order process.

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

2.8 Order processing and contact generally 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 that address. In particular, if SPAM filters are used, the Customer 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 are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices and include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment option(s) shall be communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately upon 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, payment shall be processed 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 shall be communicated to the Customer in the Seller’s online shop. For processing payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately informed if applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the transaction. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

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 does not apply with regard to the costs of outward shipping if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller’s withdrawal policy regarding return costs shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment 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 shall apply only in the event that the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Digital content shall be provided to the Customer as follows:

  • by direct access via the entrepreneur’s website

  • by download

  • by email

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, unlimited in time and space right to use the provided content exclusively for private purposes.

6.2 Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

7) Retention of Title

If the Seller makes advance performance, the Seller shall retain title to the delivered goods until full payment of the purchase price owed has been made.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

  • the Seller shall have the choice of the type of subsequent performance;

  • the limitation period for claims for defects in the case of new goods shall be one year from delivery of the goods;

  • claims for defects in the case of used goods shall be excluded;

  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods subject to the limitation of the following clause: the limitation period for claims for defects shall be one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

8.3 The limitations of liability and shortening of periods regulated above shall not apply

  • to claims for damages and reimbursement of expenses by the Customer,

  • in the event that the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,

  • to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation on any legal ground

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body, or health,

  • on the basis of a guarantee promise, unless otherwise regulated in this respect,

  • on the basis of mandatory liability, such as under the German Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability shall be excluded.

9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and that 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.

10.2 Promotional Vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.

10.4 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.5 Only one Promotional Voucher can be redeemed per order.

10.6 The value of the goods must amount to at least the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.7 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 pay the difference.

10.8 The credit of a Promotional Voucher shall neither be paid out in cash nor bear interest.

10.9 The Promotional Voucher shall not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

10.10 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. 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 obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.