Terms of service
table of contents
- scope
- conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of usage rights for digital content
- Contract duration and contract termination for subscription contracts
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Special Conditions for Repair Services
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Applicable Law
- place of jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Doriana Cosmetics GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the seller in his online Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the implementation of these events. The legal provisions in the relationship between the participant and the organizer apply exclusively to the implementation of the events. deviating conditions of the organizer. If the seller is not also the organizer at the same time, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.5 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.6 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.7 Depending on the seller's product description, the subject of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
1.8 Depending on the seller's description of the content, the subject of the contract can be both the one-off provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). With the subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract period at the contractually agreed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, by post or using the online contact form.
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 e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed 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 Terms of Use, which can be viewed at https://www.paypal.com/from/ webapps/mpp/ do/useragreement-full or - if the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/from/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that completes the ordering process.
2.5 If you select the "Amazon Payments" payment method, the payment will 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, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that concludes the ordering process, they also issue a payment order to Amazon. 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 that concludes the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email) after the order has been sent. e-mail, fax or letter). The seller does not make the contract text accessible 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before submitting the 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8 German and English are available for the conclusion of the contract.
2.9 The order processing and contact usually takes place via 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 to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal 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.
3.4 Unless otherwise agreed, there is no right of cancellation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of cancellation is also excluded for contracts that deal with the sale of tickets for scheduled leisure events.
4) Prices and terms of payment
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 are 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 transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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 prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select a payment method offered via the PayPal payment service, the payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. B. purchase on account or payment by installments), he assigns his payment claim 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 carries 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 test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or to be paid within the agreed payment intervals. In this case, he can only contact PayPal or pay the payment service provider commissioned by PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
4.6 If you select the payment method SOFORT, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter SOFORT). In order to be able to pay the invoice amount via SOFORT, the customer must have an activated online banking account for participation in SOFORT, identify himself accordingly during the payment process and confirm the payment order to SOFORT. The payment transaction will be carried out immediately afterwards by SOFORT and the customer's bank account will be debited. The customer can find more detailed information on the SOFORT payment method on the Internet at https://www.klarna.com/sofort/ recall.
4.7 If you select a payment method offered via the "Shopify Payments" payment service, the payment will 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 are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special terms of payment apply, to which the customer may is pointed out separately. More information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available.
4.8 If you select a payment method offered via the "mollie" payment service, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: mollie). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie can use other payment services to process payments, for which special terms of payment apply, to which the customer may is pointed out separately. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/ available.
4.9 If you select a Ratepay payment method offered by the seller (e.g. B. Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment), the payment is processed via Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "Ratepay ), to which the seller assigns his claim against the customer. The customer will be informed on the seller's website which Ratepay payment methods the seller offers in detail. The customer can only make payments to Ratepay with a debt-discharging effect. However, the seller remains responsible for general customer inquiries (e.g. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes). In all other respects, Ratepay's General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/
4.10 If you select a payment method offered via the "Adyen" payment service, the payment will be processed by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen are communicated to the customer in the seller's online shop. To process payments, Adyen may use the services of third-party payment service providers, for which special terms of payment apply, to which the customer may is pointed out separately. More information about "Adyen" is available on the Internet at https://www.adyen.help/hc/de available.
4.11 If you select a payment method offered via the payment service Stripe, the payment will 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 Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special terms of payment apply, to which the customer may is pointed out separately. More information about Stripe is available online at https://stripe.com/de available.
4.12 If you select the purchase on account payment method, 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 only offer the purchase on account payment method 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 point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.13 If you select the purchase on account payment method, 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 only offer the purchase on account payment method 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 point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.14 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4.15 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.16 If you select the payment method direct debit via Stripe, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: Stripe). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.17 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: Stripe). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
4.18 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://nail-design-passion.com/pages/klarna
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is 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 for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had 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 delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use 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 consideration will be refunded immediately.
5.5 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.
5.6 Vouchers are provided to the customer as follows:
- per Download
- by E-Mail
- postal
5.7 Tickets are provided to the customer as follows:
- per Download
- by E-Mail
- postal
5.8 Digital Content is provided to Customer as follows:
- per Download
- by E-Mail
- by direct access via the entrepreneur's website
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content for private and commercial purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions 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 only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Contract duration and contract termination for subscription contracts
7.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without observing a notice period.
7.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
7.3 Terminations can be made in writing, in text form (e.g. B. by e-mail) or in electronic form via the cancellation device (cancellation button) provided by the seller on his website.
8) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
9) Liability for Defects (Warranty)
9.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
9.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
9.3 The limitations of liability and shortening of deadlines set out above do not apply
- for 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 usual purpose and have caused its defectiveness,
- for a possibly existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
9.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing legal right of recourse remain unaffected.
9.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
9.6 If the customer acts 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 does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
10) Special conditions for the processing of goods according to specific customer specifications
10.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
10.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
10.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
11) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
11.1 Repair services are provided at the seller's registered office.
11.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service.
11.3 The customer must provide the seller with all information required for the repair of the item, provided that their procurement does not fall within the scope of the seller's responsibilities according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that may be the cause of the error found.
11.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the item in a suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damage so that he can can assert existing rights against the carrier.
11.5 The return of the item is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
11.6 The customer can also bring the item to be repaired to the seller's headquarters and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreement on this. In this case, the above regulations on bearing the costs and risk of shipping and returning the item apply accordingly.
11.7 The aforementioned regulations do not limit the customer's statutory rights in the event of a product being purchased from the seller.
11.8 The seller is liable for defects in the repair work provided in accordance with the statutory liability for defects.
12) Redemption of promotional vouchers
12.1 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 in the specified period.
12.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
12.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12.4 Only one promotional voucher can be redeemed per order.
12.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12.6 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.
12.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
12.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
12.9 The promotional voucher is transferrable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
13) Redeeming Gift Certificates
13.1 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 the voucher states otherwise.
13.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
13.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
13.4 Only one gift voucher can be redeemed per order.
13.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
13.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
13.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
13.8 The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner 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-authorization, the legal incapacity or the lack of the right to represent the respective owner.
14) Governing Law
14.1 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. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14.2 Furthermore, this choice of law with regard to the statutory right of withdrawal 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.
15) Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
16) Code of Conduct
- The seller has submitted to the conditions of participation for the e-commerce initiative "fairness in retail", which can be found on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ are visible.
- The seller has submitted to the "Google Customer Reviews" guidelines, which can be found on the Internet at https://support.google.com/merchants/topic/7105962 are visible.
17) Alternative Dispute Resolution
17.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
17.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.