Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right1 of Withdrawal
  4. Prices and Payment2 Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Applicable Law
  9. Alternative Dispute Resolution3

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Andy Hempel, operating under “Andy Hempel” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor 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 entering into 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 rather 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 concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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), whereby the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the Customer has submitted their order. If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends at the end of the fifth day following the sending 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place 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 User Agreement, viewable 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 for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer sends their order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.6 Before a binding submission of the 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 recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them 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. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed 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 do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs incurred 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 are to be borne by the Customer. These include, for example, costs for money transfer 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 connection with money transfers even if the delivery does not take place 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 upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

4.5 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

5. Delivery and Shipping Conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

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 does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller’s cancellation policy apply.

5.3 Self-collection is not possible for logistical reasons.

6. Retention of Title

If the Seller makes an advance payment, 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 provisions of the statutory liability for defects apply.

7.2 Notwithstanding this, for used goods: claims for defects are excluded if the defect occurs only after one year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness, for claims for damages and reimbursement of expenses by the Customer, as well as in cases where the Seller has fraudulently concealed the defect.

7.3 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery agent and to inform the Seller thereof. Failure by the Customer to comply with this has no effect on their statutory or contractual claims for defects.

8. Applicable Law

8.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not citizens of a European Union member state at the time of the contract’s conclusion and whose sole residence and delivery address at the time of the contract’s conclusion are outside the European Union.

9. Alternative Dispute Resolution

9.1 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 resolution of disputes arising from online purchase or service contracts involving a consumer.

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