General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Contract duration and termination for subscription contracts
7. Retention of title
8. Liability for defects (warranty)
9. Special conditions for assembly/installation services
10. Redemption of promotional vouchers
11. Redeeming gift vouchers
12. Applicable law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Volodymyr Rachenko (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 These Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly stipulated otherwise. These Terms and Conditions govern only the sale of tickets for specific events described in more detail in the seller’s product description and not the execution of these events. The execution of the events is governed exclusively by the statutory provisions governing the relationship between the customer and the event organizer, as well as any differing terms and conditions of the event organizer. If the seller is not also the event organizer, they are not liable for the proper execution of the event, for which the respective event organizer is solely responsible.

1.4 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 Depending on the seller’s product description, the subject of the contract may be either the purchase of goods via a one-off delivery or the purchase of goods via a recurring delivery (hereinafter referred to as a “subscription contract”). In the case of 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 agreed intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not constitute 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 an offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by telephone, email, or via the 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button to complete the order process.

2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller’s online shop before placing their order, the order data is archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser’s zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

2.7 The German and English languages ​​are available for concluding the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails 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 generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting the payment method “PayPal Credit” (installment payment via PayPal), the seller assigns their payment claim to PayPal. Before accepting the seller’s assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the “PayPal Credit” payment method to the customer in the event of a negative credit check result. If the “PayPal Credit” payment method is approved by PayPal, the customer must pay the invoice amount to PayPal according to the terms and conditions set by the seller, which are communicated to the customer in the seller’s online shop. In this case, payment can only be made to PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations and returns, or credit notes.

4.5 When selecting credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled 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 conduct a credit check and to refuse this payment method in the event of a negative credit assessment.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller’s order processing system is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller’s cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller’s fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.4 For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller’s premises by prior arrangement. In this case, no shipping costs will be charged.

5.5 Vouchers will be provided to the customer as follows:

• via download
• by email
• by mail

5.6 Tickets will be provided to the customer as follows:

• by email
• by mail

5.7 Delivery area

Delivery is available exclusively to the destinations selectable during checkout. Within the European Union, delivery is currently available only to addresses in Germany. Customers from other EU Member States may use a delivery address in Germany or arrange collection or onward transportation from Germany independently. Individual delivery arrangements and trade orders may be discussed with us before placing an order. Delivery to an address that is not available during checkout requires our prior express written confirmation.

6) Contract duration and termination for subscription contracts

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.

6.2 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, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

6.3 Notices of termination must be given in writing or in text form (e.g. by email).

7) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.

8.2 Notwithstanding the above, the following applies to used goods: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that become apparent within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply.

• for items which, according to their usual purpose, have been used for a building and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

8.3 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

9) Special conditions for assembly/installation services

If, according to the contract, the seller is also obligated to assemble or install the goods at the customer’s premises, as well as any necessary preparatory measures (e.g., taking measurements), in addition to delivering the goods, the following applies:

9.1 The seller shall perform its services at its own discretion, either personally or through qualified personnel selected by it. The seller may also utilize the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller’s service description, the customer has no right to select a specific person to perform the desired service.

9.2 The customer shall provide the seller with all information necessary for the performance of the service owed, completely and truthfully, unless obtaining such information is the seller’s responsibility under the terms of the contract.

9.3 After conclusion of the contract, the seller will contact the customer to arrange a date for the performance of the service. The customer is responsible for ensuring that the seller or the personnel commissioned by the seller have access to the customer’s facilities at the agreed time.

9.4 The risk of accidental loss or accidental damage to the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder’s eligibility.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

11.4 Multiple gift vouchers can be redeemed in one order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder 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 respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

12) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.