GENERAL TERMS AND CONDITIONS OF TRADE, INCLUDING CUSTOMER INFORMATION
01. Area of application
02. Conclusion of an agreement
03. Right of revocation
04. Prices; conditions of payment
05. Conditions of delivery and shipping
06. Retention of title
07. Liability for defects (guarantee)
08. Redemption of offer vouchers
09. Redemption of gift vouchers
10. Applicable law
12. Alternative dispute resolution
1. AREA OF APPLICABILITY
1.1 These general terms and conditions of trade (hereinafter “general terms and conditions”) of Next design+produktion GmbH, Gutzkowstraße 25, 60594 Frankfurt am Main, Germany (hereinafter “the seller”), apply to all agreements concerning the supply of goods concluded by a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the goods displayed in the seller’s online shop. Herewith, the inclusion of the customer’s own terms and conditions is excluded, unless otherwise agreed.
1.2 Concerning agreements concerning the supply of vouchers, these general terms and conditions shall apply mutatis mutandis, unless and to the extent not otherwise agreed.
1.3 Within the meaning of these general terms and conditions, a consumer shall be understood to be any natural person who concludes a legal transaction for purposes which for the most part have nothing to do with either a commercial or independent professional activity of theirs. Within the meaning of these general terms and conditions, an entrepreneur shall be understood to be a natural or legal person or a private company with legal capacity which, in the event of the conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activities.
2. CONCLUSION OF AN AGREEMENT
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but rather, are for the purpose of the submission of a firm offer by the customer.
2.2 The customer may submit their offer by means of the online order form integrated into the online shop of the seller. Once they have placed the goods selected in the virtual basket and have gone through the various steps of the ordering process, the customer, by clicking on the button for concluding the ordering process, submits a legally binding contractual offer in respect of the goods contained in the basket. Alternatively, the customer may submit their offer to the seller by telephone, via email, by post or by means of the online contact form.
2.3 The seller may accept the customer’s offer within five days,
- by transferring to the customer a written order confirmation or an order confirmation in text form (fax or email), to the extent that the customer’s receipt of order confirmation is crucial, or
- by delivering the ordered goods to the customer, to the extent that the customer’s receipt of the goods is crucial, or
- by requesting payment from the customer following their submission of their order.
In the event that more than one of the aforementioned alternatives are available, the agreement shall come into effect at the moment that one of the aforementioned alternatives is fulfilled. The term for acceptance of an offer shall commence on the date following the sending of the offer by the customer and shall end with the elapsing of the fifth day following the sending of the offer. In the event that the seller fails to accept the customer’s offer within the aforementioned term, this shall constitute a rejection of the offer, such that the customer no longer shall be bound to their declaration of intent.
2.4 When an offer is submitted by means of the seller’s online order form, the text of the agreement shall, following conclusion of an agreement, be stored by the seller and transferred in text form (e.g., via email or fax or by post) to the customer following their sending of their form. Beyond this, the seller shall make no other effort to make of the agreement text accessible. To the extent that, prior to sending their order, the customer has created a user’s account in the seller’s online shop, the relevant order dates shall be archived on the seller’s website and can be retrieved by the customer free of charge via their password-protected user’s account upon supply of the corresponding login data.
2.5 Prior to binding submission of an order by means of the seller’s online order form, the customer may, through careful reading of the information displayed on their screen, detect possible input errors. The magnifying functionality of one’s browser, with whose help the display of images can be enlarged, can be an effective technical tool for easier detection of such errors. In the context of the electronic ordering process, the customer can, by means of the customary keyboard and mouse functionalities, correct their entries as much as required, prior to clicking on the button for concluding the ordering process.
2.6 In concluding an agreement, the customer may avail themselves of either the English or German language.
2.7 Order processing and contact initiation normally take place via email and automated order processing. The customer must ensure that the email address they have supplied for the purpose of order processing is the correct one, so that the emails sent by the seller can be received at that address. In particular, the customer must, in deploying SPAM filters, ensure that all emails sent by the seller or by third parties entrusted by the seller with order processing can be delivered.
3. RIGHT OF REVOCATION
3.1 Under normal circumstances, consumers always have a right of revocation.
3.2 For further information regarding the right of revocation, please refer to the seller’s revocation instructions.
3.3 The right of revocation does not apply to consumers who at the moment of conclusion of an agreement are not citizens of a member state of the European Union and whose sole place of residence and delivery address at the moment of conclusion of an agreement are located outside the European Union.
4. PRICES; CONDITIONS OF PAYMENT
4.1 To the extent not otherwise indicated in the seller’s product description, all prices indicated are total prices, and include statutory VAT. In some cases, additionally incurred delivery and shipping costs shall be indicated in the relevant product description.
4.2 In connection with deliveries to countries outside the European Union, in individual cases, additional costs can arise which are not attributable to the seller and which must be borne by the customer. This includes, e.g., costs of money transfer by credit institutions (e.g., transfer charges, exchange rate fees) or import charges / tax (e.g., customs duties). Such costs can also arise in connection with money transfer in cases where delivery does not take place in a country outside the European Union, but the customer arranges for payment from a country outside the European Union.
4.3 All payment options are communicated to the customer in the online shop.
4.4 If the payment method, “Amazon Payments,” is selected, payment processing shall take place via the payment service provider, Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), such that the Amazon Payments Europe user agreement shall apply, which can be found via the link, https://payments.amazon.de/help/201751590. In the event that, in the context of the online ordering process, the customer selects the payment method, “Amazon Payments,” by clicking on the button for concluding the ordering process, they simultaneously issue a payment order to Amazon. For such cases, the seller already now declares its acceptance of the customer’s offer at such time as the customer initiates the payment process by clicking on the button for concluding the ordering process.
4.5 If advance payment by bank transfer is agreed, payment shall be due immediately following conclusion of the agreement, to the extent that the parties have not agreed a later due date.
4.6 For payment by means of a payment method offered by PayPal, payment processing shall take place 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”), such that the PayPal user agreement shall apply, which can be found via the link, https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, in the event that the customer does not have a PayPal account, such that the conditions of payment without a PayPal account shall apply, which can be found via the link, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.7 If the payment method, “SOFORT” is selected, payment processing shall take place via the payment service provider, SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT,” the customer must have a valid online bank account for “SOFORT” with PIN/TAN capability, must identify themselves appropriately and must confirm the payment order vis-à-vis “SOFORT.” The payment transaction shall then immediately be executed by “SOFORT” and the customer’s bank account debited accordingly. The customer will find further information concerning the “SOFORT” method of payment, on the internet, via the link, https://www.klarna.com/sofort/.
4.8 If the payment method, purchase on account, is selected, the purchase price shall be due once the goods have been delivered and invoiced. In such cases, the purchase price shall be payable without deduction within fourteen days of receipt of the invoice, unless otherwise agreed. The seller reserves the right only to offer the payment method, purchase on account, up to a certain order volume and to refuse this payment method for order volumes in excess of the indicated order volume. In such cases, the seller shall inform the customer of such a restriction in the payment information contained in its online shop. Further, should the customer opt for the payment method, purchase on account, the seller reserves the right to carry out a credit assessment and, in the event of a negative result, to refuse to provide this method of payment.
4.9 If the payment method, credit card via Wirecard, is selected, payment processing shall take place via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/), to which the seller shall assign its payment claim. The Wirecard Bank AG shall then collect the invoice amount from the indicated credit card account of the customer. In the event of such assignment, payment to die Wirecard Bank AG can solely be effected with debt-discharging effect. Credit card debiting shall take place immediately following the customer’s sending of their order via the seller’s online shop. Also in the event that the payment method, credit card via Wirecard, is selected, the seller shall remain responsible for general customer queries, e.g., those concerning goods, delivery times, shipping, returns, refunds, declarations of revocation or vouchers. For further information concerning the processing of credit card payments, please refer to the information of Wirecard Bank AG pursuant to Art. 13 GDPR, via the link, https://www.wirecardbank.de/DSGVO.
5. CONDITIONS OF DELIVERY AND SHIPPING
5.1 Delivery of goods shall take place via shipping to the delivery address indicated by the customer, unless otherwise agreed. In the event of transaction processing, the delivery address indicated in the context of the seller’s order processing shall be definitive.
5.2 In the event that, delivery to the customer is not possible and the hauliers return the shipped goods to the seller, the customer shall bear the costs of the unsuccessful shipment. This shall not apply in cases where the customer was not responsible for the circumstances leading to the impediment to delivery or in the event that it was temporarily prevented from accepting the service provided, unless the seller gave them sufficient advance notice of the service provision. Further, in the event that the customer effectively exercises their right of revocation, this shall not apply in relation to the costs of shipment to the customer. As regards the costs of return shipment, in the event of effective exercise by the customer of the right of revocation, the relevant provision as stipulated in the seller’s revocation instructions shall apply.
5.3 For logistic reasons, collection of goods by the customer is not possible.
5.4 Vouchers shall be provided to the customer in the following manner:
- by email
6. RETENTION OF TITLE
In the event of advance delivery by the seller, it shall retain ownership of the goods delivered until payment in full of the purchase price owed.
7. LIABILITY OF DEFECTS (GUARENTEE)
7.1 In the event of defects in goods, the regulations concerning statutory liability for defects shall apply.
7.2 The customer is requested to lodge a complaint with the shipper concerning obvious damage through transport to goods delivered, and to notify the seller correspondingly. Should the customer fail to do so, this shall however have no effect on their statutory or contractual defects claim.
8. REDEMPTION OF OFFER VOUCHERS
8.1 Vouchers with a definite period of validity which are issued by the seller free of charge as part of advertisement campaigns and not acquired by the customer through purchase (hereinafter “offer vouchers”) may solely be redeemed in the seller’s online shop, solely during the relevant period indicated.
8.2 Individual products can be excluded from a voucher offer, to the extent that a corresponding limitation is indicated on the offer voucher.
8.3 Offer vouchers may solely be redeemed prior to completion of the ordering process. A subsequent set-off is not possible.
8.4 No more than one offer voucher may be redeemed per order.
8.5 The value of the goods in question must minimally be equal to the amount of the offer voucher. No residual balance shall be refunded by the seller.
8.6 In the event that the value of an offer voucher is not sufficient to cover an order, to cover the difference, one of the other payment methods provided by the seller may be opted for.
8.7 The balance of an offer voucher shall neither be paid out in cash nor accrue interest.
8.8 An offer voucher shall not be refunded in cases where the customer, on the basis of their statutory right of revocation, returns goods which were entirely or partially paid for with the offer voucher.
8.9 Offer vouchers are transferable. The seller may, with discharging effect, effect payment to a holder who redeems an offer voucher in the seller’s online shop. This shall not apply, irrespective of whether the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or wanting authority to represent of the holder.
9. REDEMPTION OF GIFT VOUCHERS
9.1 Unless otherwise provided on a voucher, a voucher which can be purchased via the seller’s online shop (hereinafter “gift voucher”) may solely be redeemed in the seller’s online shop.
9.2 Gift vouchers and residual balances of gift vouchers may be redeemed up to the end of the third year following the year of purchase of the vouchers in question. Residual balances shall be credited to the customer up to the expiry date.
9.3 gift vouchers may solely be redeemed prior to conclusion of the ordering process. A subsequent set-off is not possible.
9.4 Multiple gift vouchers may be redeemed in connection with a single order.
9.5 Gift vouchers may solely be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 In the event that the value of a gift voucher is not sufficient to cover an order, one of the other payment methods provided by the seller may be opted for to cover the difference.
9.7 The balance of a gift voucher shall neither be paid out in cash nor accrue interest.
9.8 Gift vouchers are transferable. The seller may, with discharging effect, effect payment to a holder who redeems a gift voucher in the seller’s online shop. This shall not apply, irrespective of whether the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or wanting authority to represent of the holder.
10. APPLICABLE LAW
10.1 To the exclusion of laws concerning the international purchase of moveable goods, the law of the Federal Republic of Germany applies to all legal relations between the parties. This choice of law solely applies to consumers to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual abode is not withdrawn.
10.2 Further, in respect of the statutory right of revocation, this choice of law does not apply to consumers who at the time of conclusion of an agreement are not citizens of any member state of the European Union and whose sole place of residence and sole delivery address are located outside the European Union at the time of conclusion of an agreement.
In the event that the customer acts as a merchant, a legal person under public law or a separate estate under public law with its registered office within the sovereign territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this agreement shall be the place of business of the seller. In the event that the customer is located outside the sovereign territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive jurisdiction for all disputes arising from this agreement, in the event that the agreement or claims issuing from the agreement can be attributed to the professional or commercial activities of the customer. In the aforementioned instances, the seller shall nevertheless in each case be entitled to seek redress in the courts at the place of business of the customer.
12. ALTERNATIVE DISPUTE RESOLUTION
12.1 The EU Commission provides an internet platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr . This platform serves as a contact point for the resolution of extrajudicial disputes arising from online purchase or service provision agreements involving a consumer.
12.2 The seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumers’ dispute-resolution body.
Status: August 2019