Terms and conditions

-------------------------------------------------- ----- General terms and conditions with customer information -------------------------------------------------- ----- Table of Contents ------------------ 1. Scope 2. Conclusion of contract 3. Right of withdrawal 4. Prices and terms of payment 5. Delivery and shipping conditions 6. Retention of title 7. Liability for defects (warranty) 8. Liability 9. Special conditions for the processing of goods according to certain specifications of the customer 10. Redemption of promotional vouchers 11. Redeeming gift vouchers 12. Applicable law 13. Place of jurisdiction 14. Code of Conduct 15. Alternative dispute resolution 1) Scope 1.1 These general terms and conditions (hereinafter "GTC") of DELYCHI GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's Online shop completes goods. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed. 1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated. 1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can largely be attributed neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity. 2) Conclusion of contract 2.1 The product descriptions contained in the online shop of the seller are not 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 in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by fax, email, post or online contact form. 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 the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or - by asking the customer to pay after placing his order. If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. 2.4 If the payment method "PayPal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 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 conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as the payment method as part of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process. 2.5 If the payment type "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe user agreement https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process. 2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. 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 his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data. 2.7 Before placing the order through 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 detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.8 The German and English languages are available for the conclusion of the contract. 2.9 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered. 3) Right of withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of cancellation can be found in the seller's cancellation policy. 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 VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description. 4.2 In the case of deliveries to countries outside the European Union, additional costs may arise 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 money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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 payment in advance has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date. 4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. 4.6 When selecting the payment method "PayPal Credit" (payment in installments via PayPal), the seller transfers his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Credit" in the event of a negative test result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal according to the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to PayPal with a debt-relieving effect. However, the seller remains responsible for general customer inquiries even in the event of assignment of claims. B. on the goods, delivery time, shipping, returns, complaints, revocations and returns or credit. 4.7 If the payment method "SOFORT" is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/. 4.8 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method invoice purchase up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction. The seller also reserves the right to carry out a credit check when selecting the payment method invoice purchase and to reject this payment type if the credit check is negative. 4.9 If the payment method "PayPal invoice" is selected, the seller transfers his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal invoice" to the customer in the event of a negative test result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has given him another payment target. In this case, he can only pay to PayPal with a debt-relieving effect. However, the seller remains responsible for general customer inquiries even in the event of assignment of claims. B. on the goods, delivery time, shipping, returns, complaints, revocations and returns or credit. In addition, the general terms of use for the use of PayPal purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms. 4.10 If you choose the payment method invoice purchase via Rakuten Checkout, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days of the invoice date to Rakuten Deutschland GmbH, Geisfelder Str. 16, 96050 Bamberg (www.Rakuten.de/checkout), to whom the seller assigns his payment claim. In this case, the customer can only pay to Rakuten Deutschland GmbH with a debt-free effect. The payment method invoice purchase requires a successful credit check by Rakuten Deutschland GmbH. The seller remains responsible for general customer inquiries, e.g. when choosing the payment method invoice purchase via Rakuten checkout e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits. In addition, the general terms and conditions of Rakuten Deutschland GmbH apply, which the customer can call up as part of the ordering process. The seller reserves the right to only offer the payment method invoice purchase up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction. 5) Delivery and shipping conditions 5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy. 5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer. 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 In the case of collection by the customer, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting the seller. In this case, no shipping costs will be charged. 5.6 Vouchers are given to the customer as follows: - by email - by post 6) Retention of title 6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full. 6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. 6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings. 7) Liability for defects (warranty) If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies: 7.1 If the customer acts as an entrepreneur, - the seller has the choice of the type of supplementary performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - the rights and claims due to defects are generally excluded for used goods; - The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. 7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. 7.3 The limitations of liability and the shortening of the deadlines set out in the previous paragraphs do not apply - for items that have been used for a building in accordance with their normal use and have caused its deficiency, - for claims for damages and reimbursement of expenses of the customer, as well as - in the event that the seller has maliciously concealed the defect. 7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected. 7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved. 7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about the delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects. 8) Liability The seller is liable to the customer from all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 8.1 The seller is fully liable for any legal reason - in the event of intent or gross negligence, - in the event of willful or negligent injury to life, limb or health, - based on a promise to guarantee, unless otherwise regulated in this regard, - due to mandatory liability, such as under the Product Liability Act. 8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely. 8.3 For the rest, liability of the seller is excluded. 8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives. 9) Special conditions for the processing of goods according to certain specifications of the customer 9.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer has the operator all the content required for processing such as text, images or graphics in the file formats, formats, image specified by the operator - To provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights. 9.2 The customer releases the seller from third party claims, which they can assert in connection with a violation of their rights by the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense, truthfully and completely. 9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content. 10) Redemption of promotional vouchers 10.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period. 10.2 Promotional vouchers can only be redeemed by consumers. 10.3 Individual products can be excluded from the voucher campaign, provided there is a corresponding restriction in the content of the campaign voucher. 10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 10.5 Only one promotional voucher can be redeemed per order. 10.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 10.8 The credit of a promotional voucher is neither paid out in cash nor interest. 10.9 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal. 10.10 The promotional voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder. 11) Redeeming gift vouchers 11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise. 11.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date. 11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 11.4 Only one gift voucher can be redeemed per order. 11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers. 11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 11.7 The credit of a gift voucher is neither paid out in cash nor interest. 11.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to a third party is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder. 12) Applicable law The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. 13) Place of jurisdiction If the customer acts as a merchant, a legal entity under public law or a special fund under public law based 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 place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's registered office. 14) Code of Conduct - The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedbedingungen/. - The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf. 15) Alternative dispute resolution 15.1 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. 15.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.