Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Shipping and Delivery Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Gunnar Pretzsch, operating under "Vallexa" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
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 neither commercial nor self-employed.
1.3 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.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not represent 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 the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting the Customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment processing takes place via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de
2.6 When an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after his order has been sent. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account, by entering the corresponding login data.
2.7 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 browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact 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 the 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 him with 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 Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax. 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 a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by 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 will be 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 referred. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
5) Shipping and Delivery Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the 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 the costs for the outward shipment if the Customer effectively exercises his right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an 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 freight forwarder, carrier, 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 generally only passes to the Customer upon handover of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated 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 if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions in deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use 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 right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so has no effect on his statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and legal, also tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without restriction 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 regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the Customer can regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The aforementioned liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion, if such a restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit of a promotional voucher is neither paid out in cash nor does it accrue interest.
9.8 The promotional voucher will not be refunded if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, the legal incapacity, or the lack of power of representation of the respective holder.
10) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
