AGB

Our Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Deltec GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as a basis for the customer to submit a binding offer.

2.2 The customer can submit the offer using 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. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, or post.

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 receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiration of the fifth day following the date the offer was sent. 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 their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment processing will be carried out via 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/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the Seller saves the contract text and sends it to the Customer after the order has been submitted, along with these General Terms and Conditions, in text form (e.g., by email, fax, or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login information, provided that the customer has created a customer account in the seller's online shop before submitting their order.

2.6 Before submitting a binding order via 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 detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4. Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated 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, costs 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 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 seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, payment is processed via 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/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method "PayPal Invoice" is selected, the seller assigns its payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative verification result. If the "PayPal Invoice" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. In addition, the General Terms and Conditions for the use of PayPal's invoice payment service apply; they can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiration of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details being provided, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

5. Delivery and Shipping Conditions

5.1 Goods will be delivered by post to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided during the seller's order processing is decisive. Exceptions to this are the delivery address provided by the customer to PayPal at the time of payment.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance. Furthermore, this does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3 Self-collection is not possible for logistical reasons.

6. Retention of Title

If the seller makes advance payments, they retain 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 statutory liability for defects applies.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8. Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

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

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 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.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or accrue interest.

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

8.9 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective owner's lack of authorization, legal incapacity, or lack of authority to represent.

9. Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For 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 country in which the consumer has his or her habitual residence.

10. Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is located outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring the dispute before the court at the customer's place of business.

11. Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 involving a consumer.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.