1.1 These General Terms and Conditions (hereinafter "GTC") of Sven Uebel-Scholz, trading under "Market-Trader" (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or an entrepreneur (hereinafter "Customer") concludes with the Seller in relation to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these GTC means data that is created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in exercise of its trade or self-employed professional activity.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve for 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days by
If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the result 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 is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during checkout, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been dispatched. The Seller does not provide any additional access to the contract text. If the Customer has created a user account in the Seller’s online shop prior to submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to improve the detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct entries using the usual keyboard and mouse functions until clicking the button that completes the order process.
2.7 Different languages are available for concluding the contract. The specific language selection is shown in the online shop.
2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 Seller for order processing can be delivered.
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. VAT is not shown because the Seller is a small business within the meaning of German VAT law. Any additional delivery and shipping costs are 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 must be borne by the Customer. These include, for example, fees for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to money transfers 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 method(s) available are communicated to the Customer in the Seller’s online shop.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller provides goods or services in advance (e.g. purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the third-party payment service provider named by PayPal to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the third-party payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed intervals. In this case, payment can only be made to PayPal or the third-party payment service provider commissioned by PayPal with debt-discharging effect. The Seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and credits.
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 specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive. In deviation from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with respect to the costs for the outbound shipment if the Customer effectively exercises the right of withdrawal. With regard to the return shipping costs, the provisions in the Seller’s cancellation policy apply if the right of withdrawal is exercised effectively by the Customer.
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 carrier, freight forwarder or the person or institution otherwise 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 passes to the Customer only upon delivery of the goods to the Customer or a recipient authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer already when the Seller delivers the item to the carrier, freight forwarder or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or the person or institution otherwise 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-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a congruent hedging transaction with the supplier with due care. The Seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive right, unlimited in time and place, to use the provided content for private as well as commercial purposes.
6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of a digital content item, the granting of rights becomes effective only when the Customer has paid the owed remuneration in full. The Seller may allow the use of the contractual content on a provisional basis even before this time. No transfer of rights occurs through such provisional permission.
If the Seller delivers in advance, title to the delivered goods remains with the Seller until the purchase price owed has been paid in full.
Unless otherwise provided below, the statutory provisions on liability for defects apply. Deviating therefrom, for contracts for the delivery of goods, the following applies:
8.1 If the Customer acts as an entrepreneur,
8.2 The above limitations of liability and shortening of periods do not apply
8.3 For entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
9.1 Vouchers issued by the Seller free of charge as part of promotions with a certain validity period and which 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 a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering 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 be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded 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 will not be paid out in cash nor will it earn interest.
9.8 The promotional voucher will not be refunded if the Customer returns the goods that were paid for wholly or partly with the promotional voucher within the scope of the statutory right of withdrawal.
9.9 The promotional voucher is transferable. The Seller can render performance 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 lack of knowledge of the holder’s lack of authorization, incapacity, or lack of power of representation.
10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor unwilling to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to participate.
