Terms of service

1. Scope of Application
2. Conclusion of Contract
3. Right of Cancellation
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Wanke Tim Peter, Felkar Niko GbR (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity, who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

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 for the submission of a binding offer by the Customer.

2.2 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 cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the order process.

2.3 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 email), insofar the receipt of the order confirmation by the Customer is decisive, or
by delivering ordered goods to the Customer, insofar the receipt of goods by the customer is decisive, or
by requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time one of the aforementioned alternatives firstly occurs. The period for acceptance of 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 is considered as rejecting the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When choosing a payment method offered by PayPal, payment processing is carried out 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 use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the 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 is selectable in the online ordering process, the seller already now accepts the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after sending his order. The Seller does not provide further access to the contract text 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 providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can recognize 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 browser's zoom function, which enlarges the display on the screen. The Customer can correct his inputs via the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The contract's conclusion is available in different languages as indicated in the online shop.

2.8 Order processing and contacting usually 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 this address. Particularly, when using SPAM filters, 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 Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Detailed information on the right of cancellation is provided in the Seller's instructions on cancellation.

3.3 The right of cancellation does not apply to consumers who, at the time of concluding the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of the contract's conclusion.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified 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 transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers 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 Seller's online shop.

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

4.5 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out via 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 will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for which specific payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting a payment method offered via the payment service "Klarna", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms of use can be found here:

https://jdmapproved.de/pages/zahlung-via-klarna

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, the delivery is made to the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the Customer at the time of payment with PayPal is decisive.

5.2 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. This does not apply regarding the costs for the dispatch if the Customer effectively exercises his right of cancellation. For the return costs, the regulation made in the Seller's cancellation instruction applies if the Customer effectively exercises the right of cancellation.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a recipient eligible to receive the delivery only upon delivery of the item to the Customer. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods, even with consumers, passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment, if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment with the execution and the Seller has not previously named these persons or institutions to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the Customer will be informed immediately and the payment will be refunded immediately.

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

6) Retention of Title

If the Seller makes an advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise arising from the following regulations, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
rights and claims due to defects for used goods are completely excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned liability restrictions and reduction in time limits do not apply

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
for goods used in accordance with their usual use for a building and which have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.

7.4 If the Customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial inspection and notification obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.5 If the Customer is acting as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotions with a specific period of validity, which cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only in the specified period.

8.2 Individual products may be excluded from the voucher promotion, as far as a corresponding restriction results from the content of the promotional voucher.

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

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least equal the amount of the promotional voucher. The Seller will not refund any remaining balance.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of cancellation.

8.9 The promotional voucher is intended for personal use by the named individual only. Transferring the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 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 provided by the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the customer until the expiry date.

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

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representation authority of the respective holder.

10) Applicable Law

10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws about the international purchase of movable goods. For consumers, this choice of law only applies insofar as the provided protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.2 Furthermore, regarding the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

11) Alternative Dispute Resolution

11.1 The European 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 contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

As of March 8, 2024, 6:48:55 PM