- Prices and terms of payment
- Terms of delivery and shipping
- Liability for defects
- Applicable law
- Dispute resolution
These General Terms and Conditions (hereinafter “GTC”) of IPG International Premium Goods GmbH (hereinafter “Seller”) apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with respect to the goods and/or services presented by the Seller in his online shop. This is contrary to the inclusion of the customer’s own terms and conditions, unless otherwise agreed.
These General Terms and Conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated in this respect.
For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
2. CONCLUSION OF THE CONTRACT
The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking on the button that concludes the ordering process. In addition, the customer can also submit the offer to the seller by telephone, fax or e-mail.
The customer will be informed about the receipt of the order by e-mail. This order confirmation also constitutes the acceptance of the purchase contract by the seller.
If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, by way of derogation from clause 2.3, the Seller already declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after sending his order together with the present GtUs. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has a customer account in the seller’s online store.
Before placing the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there by means of the usual keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
Orders processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, 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 the seller for order processing can be delivered.
When ordering alcoholic beverages, the customer confirms, by submitting the order, that he has reached the minimum age required by law and undertakes to ensure that either he or a person of legal age authorised by him/ may receive the goods.
Consumers are in principle entitled to a right of withdrawal. Further information on the right of withdrawal can be obtained from the seller’s revocation instructions.
4. PRICES AND TERMS OF PAYMENT
Unless otherwise stated in the Seller’s offer, the prices quoted are final prices which include the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
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 are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
Various payment options are available to the customer, which are indicated in the seller’s online shop.
If advance payment is agreed, payment is due immediately after conclusion of the contract.
If the payment method delivery on invoice via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction to PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”) as a co-driver of the payment service BillSAFE. The payment method delivery on account requires a successful credit check by PayPal. If the customer is allowed to deliver on account after checking the creditworthiness, the payment is processed in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay to PayPal with a debt-relieving effect. The provider remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and shipments or credit memos, even if the payment method is selected on account via BillSAFE. In addition, the general terms and conditions of BillSAFE apply in this respect, which the customer can retrieve and must confirm in the context of the ordering process.
If the SEPA direct debit payment method is selected, the invoice amount is due for payment after the issue of a SEPA direct debit mandate, but not before the expiry of the period for prior information. The direct debit is received when the ordered goods leave the seller’s warehouse, but not before the expiry of the pre-information deadline. Pre-notification is any communication (e.g. invoice, policy, contract) of the seller to the customer, which announces a debit by Means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the provision of an incorrect bank details, or if the customer objects to the debit, even though he is not entitled to do so, the customer has the right to charge the respective to the credit institution if it is responsible for this.
5. DELIVERY AND SHIPPING CONDITIONS
The delivery of goods takes place by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. The delivery period is 7 working days, in the case of shipment abroad 14 days, whereby working days are Monday to Friday, with the exception of public holidays. The delivery period begins on the day after your payment order is issued, i.e. payment via Paypal, credit card or the issue of the transfer order to your bank. In the case of an invoice or installment payment purchase via Billsafe, the delivery period begins one day after the conclusion of your contract with Billsafe.
If the transport company returns the shipped goods to the seller, as delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of service or if he was temporarily prevented from accepting the offered service, unless the seller provided the service to him a reasonable time in advance. had announced.
In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods at the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.
6. RESERVATION OF OWNERSHIP
If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
7. LIABILITY OF DEFECTS
The statutory liability for defects applies.
8. APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
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 is the Seller’s registered office. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract of professional or can be attributed to the customer’s commercial activity. However, in the above cases, the Seller shall in any case be entitled to appeal to the court at the Customer’s registered office.
9. DISPUTE SETTLEMENT
We always strive to resolve any differences of opinion from the contractual relationship in a consensual manner. However, we do not participate in a procedure at a state-recognised consumer arbitration body. Legal redress is open at any time.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at: www.ec.europa.eu/consumers/odr