Terms and Conditions
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General terms and conditions with customer information
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Table of Contents
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1scope
2Conclusion of contract
3Right of withdrawal
4thPrices and terms of payment
5Delivery and shipping conditions
6thRetention of title
7thLiability for defects (warranty)
8thSpecial conditions for assembly/installation work
9Redemption of campaign vouchers
10Redeeming gift vouchers
11Applicable Law
12Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter"GTC") of Manuel Hergenhahn, trading under"Retrohahn"(hereinafter"seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") with the seller with regard to the goods displayed by the seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activityAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent 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 submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods 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 email), whereby the customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs firstThe 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 offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select one of the payment methods offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rlet 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 conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- fullIf the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g.B.E-mail, fax or letter)Any further provision of the contract text by the seller does not take placeIf 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 providing the corresponding login data.
2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlargedThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and contact are usually made by email and automated order processingThe customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales taxAny additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs can also arise 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.
4.3 The payment option/s will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method"SOFORT"is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT")In order to be able to pay the invoice amount via"SOFORT", the customer must have an online banking account that has been activated for participation in"SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to"SOFORT"The payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 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 sellerThis does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawalFor the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by download
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The following applies to used goods:Claims for defects are excluded if the defect only occurs one year after delivery of the goodsDefects that occur within one year of delivery of the goods can be asserted within the statutory limitation periodHowever, the shortening of the liability period to one year does not apply
- for things that have been used for a building in accordance with their normal use 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.
7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for assembly/installation services
If, according to the content of the contract, the seller owes the assembly or assembly in addition to the goods deliverythe installation of the goods at the customer's premises and, if necessary,corresponding preparatory measures (e.g.B.Measurement), the following applies:
8.1 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who work on his behalfUnless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
8.2 The customer must provide the seller with the information necessary for the provision of the service owed completely and truthfully, provided that the provision of this information does not fall within the obligations of the seller according to the content of the contract.
8.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owedThe customer ensures that the seller orthe personnel commissioned by this has access to the relevant facilities of the customer on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work is completed and the goods are handed over to the customer.
9) Redemption of campaign vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity 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 can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.3 Promotion vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
9.4 Several campaign vouchers can be redeemed for one order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucherAny remaining credit will not be refunded by the seller.
9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a campaign voucher is neither paid out in cash nor is interest paid.
9.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The campaign voucher is only intended for use by the person named on itA transfer of the campaign voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming gift vouchers
10.1 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 in the voucher.
10.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchasedRemaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 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 selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
10.8 The gift voucher is only intended for use by the person named on itA transfer of the gift voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsIn the case of consumers, this choice of law only applies 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.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under 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 sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
General terms and conditions with customer information
-------------------------------------------------- -----
Table of Contents
------------------
1scope
2Conclusion of contract
3Right of withdrawal
4thPrices and terms of payment
5Delivery and shipping conditions
6thRetention of title
7thLiability for defects (warranty)
8thSpecial conditions for assembly/installation work
9Redemption of campaign vouchers
10Redeeming gift vouchers
11Applicable Law
12Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter"GTC") of Manuel Hergenhahn, trading under"Retrohahn"(hereinafter"seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") with the seller with regard to the goods displayed by the seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activityAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent 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 submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods 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 email), whereby the customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs firstThe 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 offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select one of the payment methods offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rlet 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 conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- fullIf the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g.B.E-mail, fax or letter)Any further provision of the contract text by the seller does not take placeIf 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 providing the corresponding login data.
2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlargedThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and contact are usually made by email and automated order processingThe customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales taxAny additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs can also arise 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.
4.3 The payment option/s will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method"SOFORT"is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT")In order to be able to pay the invoice amount via"SOFORT", the customer must have an online banking account that has been activated for participation in"SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to"SOFORT"The payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 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 sellerThis does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawalFor the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by download
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The following applies to used goods:Claims for defects are excluded if the defect only occurs one year after delivery of the goodsDefects that occur within one year of delivery of the goods can be asserted within the statutory limitation periodHowever, the shortening of the liability period to one year does not apply
- for things that have been used for a building in accordance with their normal use 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.
7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for assembly/installation services
If, according to the content of the contract, the seller owes the assembly or assembly in addition to the goods deliverythe installation of the goods at the customer's premises and, if necessary,corresponding preparatory measures (e.g.B.Measurement), the following applies:
8.1 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who work on his behalfUnless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
8.2 The customer must provide the seller with the information necessary for the provision of the service owed completely and truthfully, provided that the provision of this information does not fall within the obligations of the seller according to the content of the contract.
8.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owedThe customer ensures that the seller orthe personnel commissioned by this has access to the relevant facilities of the customer on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work is completed and the goods are handed over to the customer.
9) Redemption of campaign vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity 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 can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.3 Promotion vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
9.4 Several campaign vouchers can be redeemed for one order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucherAny remaining credit will not be refunded by the seller.
9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a campaign voucher is neither paid out in cash nor is interest paid.
9.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The campaign voucher is only intended for use by the person named on itA transfer of the campaign voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming gift vouchers
10.1 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 in the voucher.
10.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchasedRemaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 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 selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
10.8 The gift voucher is only intended for use by the person named on itA transfer of the gift voucher to third parties is excludedThe seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsIn the case of consumers, this choice of law only applies 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.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under 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 sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.