GTC
General Terms and Conditions and Customer Information
I. General Terms
and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts youhttps://falkengrad.de enter into with us as the provider (Noah Brunner) via the website https://falkengrad.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1)The subject matter of the contract is the sale of goods .
. (2)By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" by clicking the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar label) and entering your personal information as well as the payment and shipping details, the order details will be displayed to you in an order summary.
If you select an instant payment system as your payment method (z.B.If you use PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, or giropay, you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your information there. Finally, the order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online store.
Before submitting the order, you have the option to review the information in the order summary once more, make changes (including by using your web browser’s “Back” button), or cancel the order.
By submitting your order via the corresponding button (“Place Order with Payment,” “Buy”/“Buy Now,” “Order with Payment,” “Pay”/"Pay Now" or a similar designation), you are legally bound to accept the offer, thereby entering into the contract.
(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.
§ 3Customized Goods
(1)You shall provide us with the appropriate information, texts, or files required for the customization of the goods via the online ordering system or by email no later than immediately after the conclusion of the contract. Any specifications we provide regarding file formats must be followed.
(2)You agree not to submit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, and trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3)We do not verify the accuracy of the content of the data transmitted and assume no liability for errors in this regard.
§ 4 Special Provisions Regarding Offered Payment Methods
(1) Payment via "PayPal"/"PayPal Checkout"
If you select a payment method offered via “PayPal”/“PayPal Checkout,” 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”). The individual payment methods available via “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. "PayPal" may use other payment services to process payments; if specific payment terms apply in such cases, you will be notified of them separately. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered through "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods available via “Stripe” are displayed under a corresponding button on our website as well as during the online ordering process. “Stripe” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately.For more information on "Stripe," seehttps://stripe.com/de .
§ 5 Right of Retention, Retention of Title
(1)You may exercise a right of retention only to the extent that it relates to claims arising from the same contractual relationship.
(2)The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from objective requirements, such deviation shall be deemed agreed upon only if we informed you of it before you submitted your declaration of contract and the deviation was expressly and separately agreed upon by the contracting parties.
§ 7 Choice of Law
(1) German law applies. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller’s Identity
: Noah Brunner
, Rettenbach 7
, 6365 Kirchberg in Tirol
, Austria
. Email: office@falkengrad.de
Alternative Dispute Resolution:
The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2.Information on the Formation of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Formation of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German .
. 3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. Once we receive your order, we will resend the order details, the legally required information for distance sales contracts, and the General Terms and Conditions to you via email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are specified in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such asz.B. customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
5.4. You are responsible for any costs incurred in connection with the money transfer (bank transfer or foreign exchange fees charged by financial institutions) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the seller or any other person designated to carry out the shipment.
7. Statutory Liability for
Defects
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drafted by Händlerbund’s legal team, which specializes in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2022