1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Cedric Mansius, acting under "Cedric Mansius" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content unless otherwise regulated in this respect. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.5 Depending on the Seller's product description, the subject matter of the contract may be either the purchase of goods by way of one-time delivery or the purchase of goods by way of permanent delivery (hereinafter "Subscription Contract"). In a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed intervals.
2) Formation of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer may 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 completing the electronic ordering process, by clicking the button that concludes the ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart. The Customer may also submit the offer to the Seller by e-mail or via online contact form.
2.3 The Seller may accept the Customer's offer within five days:
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or 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 requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives occur, 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 sends the offer and ends with the expiry of the fifth day following dispatch of the offer. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays by means of a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. Beyond this, the Seller does not make the contract text accessible.
2.6 Before binding submission of the 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 detection of input errors can be the browser's zoom function, which enlarges the on-screen display. The Customer can correct their entries within the electronic ordering process using usual keyboard and mouse functions until they click the button concluding the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that 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 for order processing 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, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. No VAT is charged because the Seller is VAT-exempt as a small business. Any additional delivery and shipping costs are stated 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 are to 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 and taxes (e.g. customs duties). Such costs may also arise in relation to money transfer if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The payment option(s) are communicated to the Customer in the Seller's online shop.
4.4 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out via 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. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Stripe is available at https://stripe.com/de.
4.5 If a payment method offered via the payment service "SumUp" is selected, payment processing is carried out via SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. SumUp may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on SumUp is available at https://www.sumup.com/de-de/.
4.6 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing for credit card payments is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect claims in its name. PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after dispatch of the Customer's order in the online shop. Even when selecting credit card payment via PAYONE GmbH, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.
4.7 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing for credit card payments is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after dispatch of the Customer's order in the online shop. Even when selecting credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding returns, complaints, declarations and submissions of withdrawal, or credit notes.
4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery is made within the Seller's specified delivery area to the delivery address provided by the Customer, unless otherwise agreed. During transaction processing, the delivery address specified in the Seller's order processing is decisive. In deviation, if payment method PayPal is selected, the delivery address stored by the Customer with 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 bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to shipping costs if the Customer effectively exercises their right of withdrawal. For return costs in the event of effective exercise of the right of withdrawal by the Customer, the regulation in the Seller's cancellation policy applies.
5.3 If the Customer acts as entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier or other person/institution designated to carry out shipment. If the Customer acts as consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorized recipient. In deviation, for consumers the risk also passes as soon as the Seller has delivered the item to the forwarding agent, carrier or other person/institution designated to carry out shipment, if the Customer has commissioned that forwarding agent, carrier or other person/institution and the Seller has not previously named this person/institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if non-delivery is not the Seller's responsibility and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed without delay and consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
- by direct access via the entrepreneur's website
- by download
- by e-mail
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the Seller's content description in the online shop, the Seller grants the Customer a non-exclusive right, unlimited in place and time, to use the provided content for private as well as commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3 If the contract relates to one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the owed remuneration in full. The Seller may permit use of the contractual content provisionally even before that point in time. Such provisional permission does not result in a transfer of rights.
7) Contract Duration and Contract Termination for Subscription Contracts
7.1 Subscription Contracts are concluded for an indefinite period and may 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. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until agreed termination or until expiry of a notice period cannot reasonably be expected of the terminating party.
7.3 Terminations may be made in writing, in text form (e.g. by e-mail) or electronically via the termination facility (termination button) provided by the Seller on its website.
8) Retention of Title
If the Seller performs in advance, it retains title to the delivered goods until full payment of the owed purchase price.
9) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. In deviation, for contracts for delivery of goods:
9.1 If the Customer acts as entrepreneur:
- the Seller has the choice of type of subsequent performance;
- for new goods, the limitation period for defect rights is one year from delivery of the goods;
- for used goods, defect rights are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
9.2 The above liability limitations and shortening of periods do not apply:
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- to goods used for a building in accordance with their usual use and causing its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for delivery of goods with digital elements.
9.3 In addition, for entrepreneurs, statutory limitation periods for any existing statutory recourse claim remain unaffected.
9.4 If the Customer acts as merchant within the meaning of Section 1 German Commercial Code (HGB), the commercial duty to inspect and notify defects according to Section 377 HGB applies. If the Customer fails to comply with these notification obligations, the goods are deemed approved.
9.5 If the Customer acts as consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual defect claims.
10) Liability
The Seller is liable to the Customer from all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
10.1 The Seller is liable without limitation for any legal reason:
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
10.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to foreseeable damage typical for the contract, unless unlimited liability applies according to the above clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfillment makes proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.
10.3 Otherwise, liability of the Seller is excluded.
10.4 The above liability provisions also apply with regard to liability of the Seller for its vicarious agents and legal representatives.
11) Applicable Law
11.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
