GTC
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5 Delivery and shipping conditions
6. reservation of title
7. liability for defects (warranty)
8. place of jurisdiction
9. alternative dispute resolution
10. severability clause
1) Scope of application
1.1 The contracting parties for these General Terms and Conditions (hereinafter referred to as GTC) are, on the one hand, TT Verlag UG(haftungsbeschränkt) as the seller and, on the other hand, a consumer or company, each of which is hereinafter referred to as the customer.
1.2 At the same time, any other terms and conditions of the customer are hereby rejected.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of 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 their commercial or independent professional activity.
1.4 The seller generally only sells to persons of legal age. A contract with minors cannot be concluded even with the consent of an authorized person.
2) Conclusion of contract
2.1 The representations and offers of the seller on the pages of the online store do not constitute a binding offer by the seller, but only serve to submit a binding offer by the customer. The contract is concluded upon acceptance of this offer by the seller.
2.2 The customer’s offer is deemed to have been made when the customer orders the goods using the order process in the online store. By completing the order, the customer has made a legally binding offer.
2.3 The seller can accept the customer’s offer within five days by sending the customer a written order confirmation by post or email. In the event that the seller does not accept the offer within the aforementioned period of five days, the customer is no longer bound by the declaration of intent and the contract is not concluded.
2.4 If the payment method “PayPal Express” is selected, payment shall 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/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/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 concluding the ordering process.
2.5 Contracts can only be concluded in German and English
2.6 Communication usually takes place by e-mail, so the customer must ensure that the e-mail address provided is correct. The customer is also responsible for ensuring that e-mails that end up in his SPAM folder are checked.
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 withdrawal policy.
3.3 According to § 312g para. 2 no. 9 BGB, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded for contracts for the sale of tickets for scheduled leisure events.
4) Prices and terms of payment
4.1 The prices quoted in the online store include the value added tax applicable in Germany at the time of the order. This also applies if the customer is located abroad. Possible shipping costs are not included in these prices.
The prices are valid for delivery within Germany; in the event that delivery is made to another country in which customs duties or other charges apply, the customer shall bear these additional costs.
4.2 If the payment method “PayPal invoice” is selected, the seller assigns his
payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in the event of a negative check 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 specifies a different payment term. In this case, the customer can only make payment to 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 shipments or credit notes, even in the event of the assignment of claims. In addition, the General Terms of Use for the use of PayPal’s purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.3 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.4 If the payment method “PayPal Direct Debit” is selected, PayPal shall collect the invoice amount from the Customer’s bank account after a SEPA Direct Debit Mandate has been issued, but not before the deadline for the pre-notification on behalf of the Seller has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer must inform the bank of this.
4.5 Invoices must be paid within 14 days. If the customer does not pay within 14 days, he is automatically in default
5) Delivery and shipping conditions
5.1 The seller shall deliver the goods to the customer at the delivery address specified by the customer. The shipper sends the parcels via DHL. The delivery times are always based on the usual DHL transit times. The seller is not liable for delays caused by late delivery due to a longer delivery time than usual with DHL.
5.2 If delivery by the logistics company is not possible and the delivery is returned to the seller for this reason, the customer shall bear the costs incurred by the return shipment.
6) Retention of title
The buyer only becomes the owner of the goods upon payment of the full purchase price; until this time, the seller remains the owner.
7) Liability for defects (warranty)
7.1 The statutory provisions apply to all defects in the goods.
7.2 The customer must report and record any transport damage to the supplier of the logistics company upon delivery. Failure to make a complaint or to contact the carrier has no consequences for the customer’s statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
8) Place of jurisdiction and applicable law
The place of jurisdiction is Darmstadt in Germany. In general, German law shall apply.
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 out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10) Severability clause
Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions.