Terms and conditions
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
The following applies to Germany: In accordance with § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
Entrepreneurs are all natural and legal persons who are not consumers.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The contract of sale is concluded with Xucker GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The language(s) available for the conclusion of the contract: German, English
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.
4. Terms of delivery
Shipping costs may be added to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
In our shop, the following payment methods are generally available to you:
Prepayment
If you select the prepayment method, we will inform you of our bank details in a separate e-mail and deliver the goods after receipt of payment.
SEPA direct debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited after you have received the goods.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one banking day after placing the order. You will receive further instructions in the order process.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
We reserve the right not to offer certain payment methods for each order.
6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
Thefollowing applies to consumers:
The statutory law on liability for defects applies.
The following shall apply toentrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations vis-à-vis merchants
Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
13. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
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