AGBs

General terms and conditions with customer information

Table of contents

Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping terms
Retention of title
Liability for defects (warranty)
Cancellation of gift vouchers
.
Applicable law
Jurisdiction
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "AGB") of Pöppel & Co. GmbH (hereinafter "Seller"), shall apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer“) concludes with the Seller with regard to the goods presented by the Seller in its online store. Hereby, the inclusion of the customer's own terms and conditions is objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise provided.

1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership, who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the online store of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect 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 by e-mail, fax, mail or telephone to the seller.

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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed the order

If several of the above alternatives exist, 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 sending of the offer by the customer and ends with the expiry of the fifth day, which follows the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be 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/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the online order form of the seller, the contract text will be stored after the conclusion of the contract by the seller and the customer after sending his order in writing (eg e-mail, fax or letter). The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.

2.6 Before binding submission of the order via the online order form of the seller, 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. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 For the conclusion of the contract the German and the English language are available.

2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, 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 third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. If applicable, additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission 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) will be communicated to the customer in the seller's online store.

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

4.5 If a payment method offered via the payment service „PayPal“ is selected, the payment will be processed üvia PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal, in which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is accepted, the Customer shall pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume exceeds the specified volume. In this case, the Seller shall inform the Customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of negative creditworthiness.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller 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 significant.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the Customer effectively exercises its right of revocation. In the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the seller's cancellation policy shall apply to the costs of return.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller delivers the goods to the carrier, freight forwarder or other person or entity designated to carry out the shipment; If the customer has commissioned the carrier, the 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, the goods shall be transferred to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the customer as follows:

by e-mail
postal

6) Retention of title

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

7) Liability for defects (warranty)

7.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply in the case of contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent delivery;
in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
in the case of used goods, the rights and claims due to defects are excluded;
the statute of limitations does not begin again if a replacement delivery is made within the scope of the liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period shall not apply

for claims for damages and reimbursement of expenses of the customer,
for the case that the seller has fraudulently concealed the defect,
for goods that have been used in accordance with their normal use for a building and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory periods of limitation for any statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), it shall be subject to the commercial duty of inspection and pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Insertion of gift vouchers

8.1 Vouchers that can be purchased through the Seller's online store (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.

8.2.

8.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

8.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible.

8.4 Only one gift voucher can be redeemed per order.

8.5 Gift certificates can only be used for the purchase of goods and not for the purchase of additional gift certificates.

8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

8.7 The balance of a gift voucher will neither be paid out in cash nor will it earn interest.

8.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.

9) Applicable law

9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply 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 habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract is outside the European Union.

10) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special public-law entity 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 registered office of the seller. If the Customer is domiciled 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 can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller shall in any case be entitled to bring the matter 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 point of contact for the extrajudicial resolution of disputes arising from online sales or service contracts involving a consumer.

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