Terms of service

Terms of Service

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. Redemption of campaign vouchers
  9. Redeeming gift vouchers
  10. Applicable Law
  11. Place of jurisdiction
  12. Information on online dispute resolution

 

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Dr. Förster - Handelsvertretung Ulrich Riegger (hereinafter "seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

 

2) Conclusion of the contract

2.1 The product descriptions contained in the online shop of the seller do not represent 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 using the online order form integrated in the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services 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 asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed 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 customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

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

2.9 The order processing and contact are usually made by 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 e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

 

3) right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of cancellation 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 any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

 

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 statutory VAT. Any additional delivery and shipping costs that may be incurred are specified 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 can also arise in relation to the transfer of funds 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 Various payment options are available to the customer, which are specified in the seller's online shop.

 

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.

5.3 Collection by the customer is not possible for logistical reasons.

5.4 Vouchers are given to the customer as follows:

- by email

 

6) Retention of title

If the seller makes an advance payment, he retains 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 statutory liability for defects apply.

7.2 Notwithstanding this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply

- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,

- for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,

- for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as

- in the event that the seller has fraudulently concealed the defect.

7.3 The customer is asked to complain to the deliverer about 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 statutory or contractual claims for defects.

 

8) Redemption of campaign vouchers

8.1 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.

8.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

8.3 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

8.4 Only one campaign voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.

8.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.9 The campaign 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.

 

9) Redeeming gift vouchers

9.1 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 otherwise stated in the voucher.

9.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

9.4 Several gift vouchers can be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.

9.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

 

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

 

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters 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 from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

 

12) Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

Dr. Förster - Hdl. Ulrich Riegger, Hamburg, March 2020