General Terms & Conditions
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Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of Campaign Vouchers
9. Applicable Law
10. Alternative dispute resolution
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1) Scope of Application
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1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Christian Freudenberger
F-Design (hereinafter referred to as "Seller”) shall apply to all contracts concluded
between a consumer or a trader (hereinafter referred to as "Client”) and the Seller
relating to all goods and/or services presented in the Seller's online shop. The inclusion
of the Client’s own conditions is herewith objected to, unless other terms have been
stipulated.
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1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly,
unless expressly agreed otherwise.
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1.3 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
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1.4 A trader pursuant to 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 his
commercial or independent professional activity.
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2) Conclusion of the Contract
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2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
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2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by e-mail, per online contact form or telephone.
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2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
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2.4 If a payment method offered by PayPal is selected, the payment will be processed
by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal
Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreementfull?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the
Terms for payments without a PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by
means of a method of payment offered by PayPal which can be selected in the online
order process, the Seller hereby declares the acceptance of the Client's offer at the time
when the Client clicks on the button concluding the order process.
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2.5 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
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2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
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2.7 The German language is exclusively available for the conclusion of the contract.
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2.8 Order processing and contacting usually takes place via e-mail and automated order
deprocessing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
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3) Right to Cancel
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3.1 Consumers are entitled to the right to cancel.
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3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
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4) Prices and Payment Conditions
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4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description.
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4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop.
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4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
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4.4 When selecting the payment method credit card, the invoice amount is due
immediately upon conclusion of the contract. Payment by credit card is processed in
cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which
the Seller assigns his payment claim. secupay AG collects the invoice amount from the
Client's credit card account. In the event of assignment, payment can only be made to
secupay AG with debt discharging effect. The credit card will be debited immediately
after the Client has placed his online order. The Seller remains responsible for general
customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints,
declarations of revocation and deliveries or credit notes, even if the payment method
credit card payment via secupay AG has been selected.
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4.5 Credit card payment via Secupay
When selecting the payment method credit card, the invoice amount is due immediately
upon conclusion of the contract. Payment by credit card is processed in cooperation with
secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns
his payment claim. secupay AG collects the invoice amount from the Client's credit card
account. In the event of assignment, payment can only be made to secupay AG with
debt-discharging effect. The credit card will be debited immediately after the Client has
placed his order in the online shop. The Seller remains responsible for general customer
enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints,
declarations of revocation and deliveries or credit notes, even if the payment method
credit card payment via secupay AG has been selected.
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4.6 When choosing the payment method “PayPal Credit” (instalment payment via
PayPal), the Seller assigns his claims to PayPal. PayPal checks the creditworthiness using
the transmitted client data prior to accepting the Seller’s declaration of assignment. The
Seller reserves the right to refuse the payment method “PayPal Credit” to the Client in
case of a negative outcome of the credit assessment. If the payment method “PayPal
Credit” is accepted by PayPal, the Client has to pay the purchase price to PayPal at
conditions defined by the Seller and displayed in his online shop. In this case, he can
only make payments with debt-discharging effect to PayPal. In the case of assignment of
claims, the Seller remains responsible for general customer inquiries regarding inter alia
goods, delivery period, dispatch, returns, complaints, cancellation notice, deliveries or
credits.
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4.7 If a payment method offered via the payment service "PayPal" is selected, the
payment shall be processed via 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 that involve advance payments to the client (e.g., purchase on
account or payment by instalments), he shall assign his payment claim to PayPal or to
the payment service provider commissioned by PayPal and specifically named to the
client. 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
transmitted client data. The seller reserves the right to refuse the client the selected
payment method in the event of a negative check result. If the selected payment
method is approved, the client must 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, even in the case of assignment of claims, the seller remains
responsible for general customer enquiries, e.g., about the goods, delivery time,
dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.
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4.8 If the payment method "immediate bank transfer" is selected, payment processing
is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339
Munich (hereinafter referred to as "SOFORT"). If he wants to be able to pay the invoice
amount via “immediate bank transfer,” the Client must have an online banking account
that is activated for participation in “immediate bank transfer”. Furthermore he must
have the appropriate credentials during the payment process, and must confirm the
payment instruction to SOFORT. The payment transaction will be executed immediately
afterwards and the Client’s bank account debited accordingly. Further information on
the payment method “immediate bank transfer” can be called up by the Client at
https://www.klarna.com/sofort/.
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5) Shipment and Delivery Conditions
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5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area
specified by the Seller to the delivery address specified by the Client unless otherwise
agreed. When processing the transaction, the delivery address specified in the Seller's
order processing shall be decisive. Deviating from this, if the payment method PayPal is
deselected, the delivery address deposited by the Client with PayPal at the time of
payment shall be decisive.
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5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
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5.3 Personal collection is not possible for logistical reasons.
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5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the nonsupply and if he has concluded a concrete hedging transaction with the supplier. The
Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or
partial availability of the goods he shall inform the Client and grant him immediately
counterperformance.
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6) Reservation of Proprietary Rights
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If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
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7) Warranty
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7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall
apply. Deviating therefrom, the following shall apply to contracts for the delivery of
goods:
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7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from
delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the
scope of liability for defects.
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7.3 If the Client acts as a consumer, the following applies to contracts for the delivery of
used goods subject to the restriction of the following clause: The limitation period for
claims for defects is one year from the delivery of the goods if this was expressly and
separately contractually agreed between the parties and it the Client was specifically
informed of the shortening of the limitation period before submitting his contractual
declaration.
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7.4 The above-mentioned limitations of liability and shortening of the period of
limitation do not apply to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building
and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with
respect to contracts for the supply of goods with digital elements.
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7.5 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
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7.6 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
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7.7 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims for defects.
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8) Redemption of Campaign Vouchers
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8.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the
Seller’s online shop and only within the indicated time period.
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8.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
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8.3 Campaign vouchers can only be redeemed by consumers.
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8.4 Only one campaign voucher can be redeemed per order.
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8.5 The goods value should meet at least the amount of the campaign voucher. The
Seller will not refund remaining assets.
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8.6 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the
difference.
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8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any
interest.
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8.8 The campaign voucher will not be redeemed if the Client, in the context of his legal
right to cancel, returns goods paid fully or partially by a campaign voucher.
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8.9 The campaign voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the campaign voucher in the
Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
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9) Applicable Law
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The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties under exclusion of the laws governing the international purchase of movable
goods. For consumers, this choice of law only applies to the extent that the granted
protection is not withdrawn by mandatory provisions of the law of the country, in which
the consumer has his habitual residence.
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10) Alternative dispute resolution
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10.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
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10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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