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Datenschutzerklärung

The contract language is German. The English version is for comprehensibility only.

Scope
Conclusion of contract
Right of cancellation
Prices and terms of payment
Delivery and shipping conditions
Reservation of proprietary rights
Liability for defects (guarantee)
Liability
Special conditions for the processing of goods according to certain specifications of the customer
Redemption of promotional vouchers
Applicable law
Code of conduct
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Marco Sassenhagen, trading as "M.XPLR" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller 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 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 contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding 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 an order confirmation in text form (fax or e-mail), 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, or
By requesting payment from the customer after submitting his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins to run 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 to be 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 is processed by 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, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacy-wax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5 When submitting an offer via the online order form of the seller, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (e.g. E-mail, fax or letter). The seller does not make the text of the contract accessible in any further way. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, 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 the order processing can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

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

3.3 The right of cancellation does not apply to consumers who do not belong to any 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.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not due, as the seller is exempt from VAT as a small business owner. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise 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 money 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 online shop of the seller.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is via PayPal, whereby PayPal can also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal, in which he makes an advance payment to the customer (e.g. Purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named by the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. Upon acceptance of the selected payment method, the customer must pay the invoice amount within the agreed payment period or within the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-relieving effect. However, the seller remains responsible for general customer inquiries e.g. B. for goods, delivery time, shipping, returns, complaints, declarations of revocation and shipments or credit notes.

4.5 If you select a payment method offered via the payment service "Wix Payments", the payment is processed via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered via Wix are communicated to the customer in the seller's online shop. To process payments, Wix can use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Wix Payments is available on the Internet at https://de.wix.com/payments.

5) Delivery and shipping conditions

5.1 If the seller offers the shipment of the goods, the delivery will be made within the delivery area specified by the seller 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 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 seller. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of the right of withdrawal by the customer, the regulations made in the cancellation policy of the seller apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall be transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only be transferred when the goods are handed over to the customer or an authorized person to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold in the case of consumers already passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated for carrying out the shipment, if the customer instructs the freight forwarder, the freight carrier or the person or institution otherwise designated for the execution of the shipment with the execution 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 only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with the due care. The seller will make all reasonable efforts 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 consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Reservation of proprietary rights

If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (guarantee)

Unless otherwise stated in the following regulations, the provisions of statutory 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 subsequent performance;
In the case of new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, the rights to defects are excluded;
The limitation period does not begin again if a replacement delivery is made within the framework of the liability for defects.

7.2 The above regulated limitations of liability and reductions in deadlines do not apply

For claims for damages and reimbursement of expenses of the customer,
In the event that the seller has fraudulently concealed the defect,
For goods which have been used for a structure 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 the case of contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to entrepreneurs that 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, he is subject to the obligation of commercial inspection and objection in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, contract-like and statutory, also tort claims for compensation for damages and expenses as follows:

8.1 The seller is liable for any legal reason without restriction

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 stipulated in this regard,
Due to mandatory liability such as according to the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is made in accordance with 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 fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 Otherwise, any liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain specifications of the customer

9.1 If, according to the content of the contract, the seller owes the processing of the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer must provide the seller with all content such as texts, images or graphics required for processing in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use for this. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated, in particular copyright, trademark and personality rights.

9.2 The customer indemnifies the seller against claims of third parties that they can assert against the seller in connection with a violation of their rights by the contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney's costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged, in the event of a claim by third parties, to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or good morals. This applies in particular to the transfer of unconstitutional, racist, xenophobic, discriminatory, offensive, youth endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotions with a certain period of validity 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 during the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent billing is not possible.

10.5 Only one promotional voucher can be redeemed per order.

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

10.7 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.

10.8 The balance of a promotional voucher is neither paid out in cash nor interest.

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

10.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Applicable law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable property. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.

11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Code of conduct

The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.