General Terms and Conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of cancellation
4. Prices and terms of payment
5. Terms of delivery and dispatch
6. Retention of title
7. Liability for defects (warranty)
8. Liability for
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Code of Conduct
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions of the company Frank Bartsch (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

##########_1__ These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

##########_2__ A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

_##########_3__ An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

##########_4__ The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

##########_5__ The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax or telephone.

##########_6__ 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 (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned 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 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.

##########_7__ If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à ##########_8__. et Cie, 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 - subject to the terms and conditions 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 in the online order process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the order process.

##########_14 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also places a payment order with Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

##########_18__ When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending 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 entering the corresponding login data.

##########_19__ Before submitting a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.

##########_20__ Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

##########_21__ Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 by third parties commissioned by the seller to process the order can be delivered.

3) Right of cancellation

##########22 Consumers are generally entitled to a right of cancellation.

Further information on the right of cancellation can be found in the seller's cancellation policy.

##########_24__ The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

##########_25__ Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

##########_26 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money by credit institutions (z.B. transfer fees, exchange rate fees) or import duties or taxes (z.B. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.

##########_29__ The payment option(s) will be communicated to the customer in the seller's online shop.

##########_30__ If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

##########_31 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes.

##########_32__ If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

##########_33__ If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

##########_34__ If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

##########_35 For goods delivered by a forwarding agent, delivery is "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

##########_36 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 as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier or other person or organisation designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.

##########_38__ The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

##########_39 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

##########_40__ Vouchers are provided to the customer as follows:

- by e-mail

6) Retention of title

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

7) 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 applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent fulfilment;
• in the case of new goods, the limitation period for warranty rights is one year from delivery of the goods;
• in the case of used goods, the warranty rights are excluded;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

##########_42__ The above limitations of liability and shortening of the limitation period 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,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

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

##########_44 If the customer acts as a merchant pursuant to Section 1 of the German Commercial Code (HGB), the customer shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

##########_46__ If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

• in the event of wilful intent or gross negligence,
• in the event of wilful or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

##########_48__ 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 in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

##########_49 Liability on the part of the seller is otherwise excluded.

The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

_##########_51__ Vouchers that are issued free of charge by the seller as part of promotions 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.

##########_52__ Promotional vouchers can only be redeemed by consumers.

##########_53 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

##########_54__ Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

##########_55 Only one promotional voucher can be redeemed per order.

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

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

##########_58__ The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

##########_59__ The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

##########_51__0 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redemption of gift vouchers

##########_61 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 voucher.

_##########_62__ Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

_##########_63__ Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

##########_64 Only one gift voucher can be redeemed per order.

##########_65 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

##########_67__ The balance of a gift voucher is neither paid out in cash nor does it bear interest.

##########_68 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material entitlement of the respective gift voucher holder.

11) Applicable law

11.1 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 shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Code of Conduct

- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative dispute resolution

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