Terms of service
Table of contents
1. scope of application
2. contracting party, conclusion of contract, correction options
3. contract language, contract text storage
4. terms of delivery
5. prices and terms of payment
6. right of revocation
7. retention of title
8. redemption of promotional vouchers
9. redemption of gift vouchers
10. transport damages
11. warranty and guarantees
13. dispute resolution
14. applicable law
15. final provisions
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of deltaPD UG (haftungsbeschränkt) (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 independent professional activity.
2 Contractual Partner, Conclusion of Contract, Possibilities of Correction
2.1 The sales contract is concluded with deltaPD UG (haftungsbeschränkt).
2.2 The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart.
When the contract with us is concluded depends on the payment method you have chosen:
Invoice via Klarna, financing via Klarna, invoice via BillPay.
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.
In the ordering process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After submitting the order in the store, we request Apple to initiate the payment transaction and thereby accept your offer.
Credit card, credit card via Klarna, direct debit via PayOne
We accept your order by sending a notice of acceptance in a separate email or by delivering the goods within two days.
By submitting the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged upon submission of the order. At the time of the credit card charge, the contract with us is concluded.
Klarna PayNow direct debit
By submitting the order you give the online provider Klarna a direct debit mandate. Klarna collects the invoice amount from your bank account. Klarna will inform you about the date of the account debit within two days after receipt of your order (so-called prenotification). Thereby the contract with us comes into effect.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Immediately by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.
After placing the order you will be redirected to the website of your bank, where you confirm the payment instruction to your bank. Thereby the contract with us comes into effect.
In the order process, you will be redirected to the website of the online provider Google. There you can enter your payment details and confirm the payment instruction to Google. After submitting the order in the store, we request Google to initiate the payment transaction and thereby accept your offer.
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online store where you can complete the ordering process. After submitting the order, we request Amazon to initiate the payment transaction and thereby accept your offer.
2.3 The confirmation of receipt of your order will be sent by e-mail immediately after submitting the order.
2.4 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 can be delivered.
3 Contract Language, Contract Text Storage
3.1 The language(s) available for the conclusion of the contract: German, English.
3.2 We store the text of the contract and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. delivery conditions
4.1 The delivery of goods is made by shipping 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 shall be decisive.
4.2 Shipping costs may be incurred in addition to the stated product prices. You will find more detailed provisions on any shipping costs incurred in the offers.
The delivery time is up to 14 days. We will indicate any deviating delivery times on the respective product page.
4.4 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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
4.4 We deliver only by mail order. A self-collection of the goods is not possible.
4.5 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 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 the transfer of funds 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.
4.6 Vouchers shall be provided to the Customer as follows:
5 Prices and terms of payment
5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 The payment option(s) will be communicated to the Customer in the Seller's online store.
5.4 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online store. To process payments, Shopify may use other payment services, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
6. right of withdrawal
6.1 Consumers are entitled to the statutory right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.
6.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
6.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
7. reservation of title
7.1 The delivered goods (reserved goods) shall remain the property of the Seller until full payment of all claims arising from this contract.
7.2 The delivered goods (reserved goods) shall remain the property of the Seller until full payment of all claims arising from this contract. The Buyer undertakes, as long as the title has not yet passed to him, to treat the reserved goods with care and to insure them at his own expense against damage by fire, water and theft at their replacement value. If the goods subject to retention of title are seized or if they are exposed to other interventions by third parties, the Buyer shall be obliged, as long as ownership has not yet passed to him, to inform the third party of the Seller's ownership rights and to notify the Seller immediately in writing so that the Seller can enforce his ownership rights. The Buyer shall be liable to the Seller for any judicial or extrajudicial costs incurred in this connection, unless the third party is able to reimburse the Seller for such costs.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) Redemption of gift vouchers
9.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate.
9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can also be redeemed for one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
10. transport damages
10.1 The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10.2 For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
11 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
13. dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14 Applicable law
All legal relationships between the parties shall be governed by the laws 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
15 Final Provisions
15.1 If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
In the event of a conflict between the English and German versions of this information, the German version will prevail.