Terms and Conditions with customer information

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Individually designed goods

5. Prices and terms of payment

6. Delivery and shipping conditions

7. Retention of title

8. Liability for defects

9. Special conditions for the processing of goods according to the customer’s specifications

10. Redemption of action vouchers

11. Redemption of gift vouchers

12. Applicable law

13. court status

1. Scope of application

1.1. These General Terms and Conditions (hereinafter referred to as the “Terms”) of “Maxi Raimer” (hereinafter “Seller”) apply to all contracts that a Consumer or Entrepreneur (hereinafter referred to as “Customer”) have with the Seller as to the Seller’s online store Closing goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2. For the purchase of vouchers these terms and conditions apply accordingly, unless expressly otherwise stipulated.

1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

1.4. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, by e-mail, by post or by online contact form to the seller.

2.3 The seller may accept the offer of the customer within five days, – by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or – by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or – by asking the customer for payment after submitting his order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When placing an offer via the online order form of the seller, the contract text is stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter).

2.5 Before placing the order on 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 The contract is concluded in German and English.

2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3. Right of withdrawal

3.1. Consumers are in principle entitled to a right of withdrawal.

3.2. Further information on the right of revocation result from the cancellation policy of the seller.

4. Individually designed goods

4.1. You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.

4.2. You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.

4.3. We do not check the transmitted data for correctness of the content and do not accept liability for errors.

4.4. Insofar as stated in the respective offer, you will receive a correction copy from us, which must be reviewed by you without delay. If you agree with the draft, release the correction template by countersigning it in text form (e-mail, for example) for execution. An execution of the artwork without your release does not take place. You are responsible for checking the correction template for accuracy and completeness and notifying us of any errors. We accept no liability for unaccepted errors.

4.5. Insofar as we create texts, images, graphics and designs for you in the context of individual design, they are subject to copyright. Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we transfer to you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts of them in any way private or commercially available to third parties. The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.

 

5. Prices and terms of payment

5.1. Unless the seller’s product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

5.2. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds 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.

5.3. The customer has various payment options available, which are specified in the online shop of the seller.

5.4. If prepayment is agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.

5.5. When selecting the payment method “PayPal”, the payment is processed via the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account.

5.6. If you select the payment method “PayPal Direct Debit”, PayPal will deduct the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information has expired on behalf of the seller. Pre-notification is any notice (such as an invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of an incorrect bank account or the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this ,

6. Delivery and shipping conditions

6.1. The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the checkout of the seller is decisive. Notwithstanding this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.

6.2. If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.

6.3. Pickup is not possible for logistical reasons.

6.4. Vouchers are given to the customer as follows: by email via download postal

7. Retention of title

If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.

8. Liability for defects

8.1. If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2. The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

9. Special conditions for the processing of goods according to the customer’s specifications

9.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of goods according to specific specifications of the customer, the customer has the operator all the necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image – and file sizes to provide and give him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.

9.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a violation of their rights by the seller as a result of the contractual use of the contents of the customer. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the 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 violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.

10. Redemption of action vouchers

10.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only during the specified period.

10.2 Action vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

10.4 Action vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

10.5 Only one action coupon can be redeemed per order.

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

10.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the vendor may be used to settle the difference.

10.8 The balance of an action voucher will not be paid in cash or interest.

10.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of withdrawal.

10.10 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.

11. Redemption of gift vouchers

11.1. Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller.

11.2. Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer’s voucher account until the expiration date.

11.3. Gift Certificates can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4. Only one gift certificate can be redeemed per order.

11.5. Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.6. If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

11.7. The credit of a Gift Certificate will not be paid in cash or interest.

11.8. The gift certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.

12. Applicable law For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies 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 his habitual residence.

13. Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.