Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty for Defects
  8. Applicable Law
  9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Hans Peter Kolb (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding goods displayed by the Seller on his online shop. The inclusion of the Customer's own terms is hereby objected to, unless agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

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 submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or a confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the Customer has placed their order.

If several of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry 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 shall be deemed as 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 handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("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 conditions for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.

2.5 After the conclusion of the contract, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax or letter) after the Customer has sent their order. Beyond this, the Seller does not provide further accessibility to the contract text.

2.6 Before bindingly submitting 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 recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract language available for the conclusion of the contract is German.

2.8 Order processing and contacting usually occur via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing are 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 Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply 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 customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers, 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.

4.3 The available payment methods are communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via "Shopify Payments" is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("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 processing payments, for which special payment conditions may apply and which will be separately notified to the Customer if applicable. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If delivery of the goods fails due to reasons attributable to the Customer, 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 initial delivery if the Customer effectively exercises their right of withdrawal. The provisions of the Seller's cancellation policy shall apply to the Customer's obligation to bear the return costs in the event of an effective exercise of the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer upon delivery of the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as a consumer once the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has instructed the carrier, freight forwarder, or other designated person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with due care. The Seller shall make every reasonable effort to procure the goods. In case of unavailability or only partial availability of the goods, the Customer shall be informed promptly and any consideration already provided shall be reimbursed without delay.

5.5 Self-collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, they shall retain ownership of the delivered goods until full payment of the purchase price owed has been received.

7) Warranty for Defects

Unless otherwise specified below, the statutory provisions governing liability for defects shall apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller shall have the choice of the type of supplementary performance,
  • the limitation period for claims for defects in new goods shall be one year from delivery of the goods,
  • claims and rights for defects in used goods shall be excluded,
  • the limitation period shall not commence anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of the limitation periods shall not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in cases where the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to fulfill the obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report obvious transport damages to the Seller and to inform the Seller accordingly. Failure to do so will not affect the Customer's statutory or contractual warranty claims.

8) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of goods. This choice of law shall apply to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR) which can be found at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.