§1 SCOPE, DEFINITIONS
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of ADADA GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. Herewith the inclusion of the Customer's own terms and conditions 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 can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his commercial or self-employed professional activity.
(3) The customer assures that he is at least 18 years old or has parental permission for his order.
§ 2 CONCLUSION OF CONTRACT
(1) The product descriptions contained in the online shop of the Seller do not represent binding offers on the part of the Seller but serve for the submission of a binding offer by the customer.
(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 basket and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
(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 the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case 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 more than one of the aforementioned alternatives exists, the contract shall be concluded at the
contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period
acceptance of the offer begins on the day after the offer is sent by the customer and
the offer by the customer and ends at the end of the fifth day after the
day following the dispatch of the offer. If the seller does not accept the customer's offer within the
the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the
the customer is no longer bound by his declaration of intent.
(4) If you choose a payment method offered by PayPal, the payment will be payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: "PayPal"), under subject to the PayPal terms and conditions of use, which can be viewed 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 by means of
a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the moment the customer clicks the button that concludes the ordering process.
(5) When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
(6) Before submitting a 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, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which concludes the ordering process.
(7) The German and English languages are available for the conclusion of the contract.
(8) Order processing and contacting usually take 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 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 are delivered.
§ 3 RIGHT OF WITHDRAWAL & WITHDRAWAL FORM
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:
(1) Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (ADADA GmbH, Motzstraße 16A, 10777 Berlin, Germany, Tel.: 017623679354, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) Cancellation form
If you wish to cancel the contract, please complete and return this form.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
§ 4 PRICES AND TERMS OF PAYMENT
(1) Unless otherwise stated in the Seller's product description, the prices stated are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shipping costs, if any, shall be indicated separately in the respective product description.
(2) For deliveries to countries outside the European Union, further costs may be incurred in individual cases, which the costs which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money 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 costs may be incurred in relation to the transfer of money even 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.
(3) The payment option(s) will be communicated to the customer in the online shop of the seller's online shop.
(4) If the payment method "SOFORT" is selected, the payment will be processed via the SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", must legitimise himself during the payment process and submit the payment and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.
(5) If a payment method offered via the payment service "Shopify Payments" is selected, 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 are communicated to the customer in the seller's online shop. Stripe may use other payment services for the processing of payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
(6) If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this method of payment in the event of a negative credit record.
§ 5 DELIVERY AND SHIPPING CONDITIONS
(1) The delivery of goods shall be carried out by dispatch to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address stated in the Seller's order processing is decisive.
(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 as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the costs of returning the goods shall be governed by the provisions of the in the Seller's cancellation policy.
(3) Self-collection is not possible for logistical reasons.
(4) The stated shipping does not apply to order quantities that require delivery by a forwarding agent. If delivery by a forwarding agent is required, the supplier will inform the customer of this after receipt of the order and inform him of the amount of the forwarding agent's costs. Only after the customer has agreed, the supplier will send the order confirmation.
§ 6 RETENTION OF TITLE
(1) If the seller makes advance performance, he shall retain title to the goods delivered until full payment of the purchase price owed.
§ 7 LIABILITY FOR DEFECTS (WARRANTY)
(1) If the purchased item is defective, the provisions of the statutory liability for liability for defects.
(2) Deviating from this, the following applies to used goods: Claims for defects are claims are excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the be asserted within the statutory period of limitation. The reduction period of liability to one year shall not apply, however, to
- to items which have been used in accordance with their normal use for a building and whose
and which have caused the defectiveness thereof,
- to claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
(3) If the customer is acting as a consumer, he/she is requested to notify delivered goods with goods with obvious transport damage and to inform the server of this and to inform the seller thereof. If the customer does not comply with this, this shall not have any legal or contractual claims for defects.
§ 8 SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CERTAIN SPECIFICATIONS OF THE CUSTOMER
(1) If, according to the content of the contract, the seller is also obliged to process the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer alone shall be responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.
(2) The customer shall indemnify the seller against any claims by third parties in connection with an infringement of their rights by the contractual use of the customer's of the contents of the customer by the seller in accordance with the contract. The customer shall also assume the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. The customer shall be obliged, in the event of a claim by a third party, to immediately, without delay, truthfully and completely all information necessary for the seller for the examination of the claims and a defence.
(3) The Seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violates legal or official prohibitions or is contrary to violate public morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying contents.
§ 9 REDEMPTION OF PROMOTIONAL VOUCHERS
(1) Vouchers which are issued free of charge by the Seller within the scope of promotional period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
(2) Promotion vouchers can only be redeemed by consumers.
(3) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
(4) Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
(5) Only one promotional voucher can be redeemed per order.
(6) 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.
(7) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
(8) The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
(9) The promotional voucher will not be refunded if the customer has paid the goods paid for in full or in part with the promotional voucher within the scope of his or her statutory right of revocation.
(10) The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
§ 10 APPLICABLE LAW
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 11 PLACE OF JURISDICTION
If the customer is 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 shall be the registered office of the seller. If the customer has its registered office outside the
territory of the Federal Republic of Germany, the place of business of the Seller shall be 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 professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
§ 12 ALTERNATIVE DISPUTE RESOLUTION
(1) The EU 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
(2) The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.