Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Marek Helmdach, trading as "ReturnTreasures" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise stipulated. In such cases, in addition to the delivery of the goods, the Seller owes the provision of digital content or digital services (hereinafter "digital products") which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise stipulated. Digital content within the meaning of these GTC is data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, 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 requesting the Customer to pay after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment is 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: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing usually takes place automatically by e-mail. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address.
2.9 When ordering data carriers that are not suitable for minors (FSK or USK-18 items), the Customer confirms by submitting the order that they have reached the legally required minimum age. The Seller ensures that the Customer has reached the legally required minimum age by incorporating an age verification system. The goods will therefore only be handed over after successful prior verification of the age and authentication of the Customer.
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.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment method(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
5) Delivery and shipping conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's withdrawal policy applies if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods 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 for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, however, if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts 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 If the Seller offers the goods for collection, the Customer can collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the Seller provides advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
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 defect claims is one year from delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not restart 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 contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon contractually between the parties and the Customer has been specifically informed of the shortening of the limitation period before submitting their declaration of intent.
7.3 The liability restrictions and time reductions regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to notify the Seller thereof. If the Customer fails to comply, this has no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal ground
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the following liability restrictions apply:
If the Seller negligently violates a material contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless they are liable without limitation in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content 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 may regularly rely. Otherwise, the Seller's liability is excluded, provided they are not liable without limitation in accordance with the above clause.
8.3 The above liability provisions also apply with regard to the Seller's liability for their vicarious agents and legal representatives.
9) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
10) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.