General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of Withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Grant of Use Rights for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Redeeming Promotional Vouchers
- Redeeming Gift Certificates
- Governing Law
- Alternative Dispute Resolution
1.1These General Terms and Conditions (hereinafter "GTC") of Martin Christel, trading under "Runica" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2For contracts for the delivery of physical data carriers, which serve exclusively as a carrier of digital content, these General Terms and Conditions apply accordingly, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.3These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.4These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.5A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.6Entrepreneur within the meaning of these terms and conditions 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 self-employed professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2The 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.
2.3The 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby 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 above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 result that the customer is no longer bound by his declaration of intent.
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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using 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 that completes the ordering process.
2.5When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent 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 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 by providing the corresponding login data.
2.6Before submitting a binding order via 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. 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 completes the ordering process.
2.7German and English are available for the conclusion of the contract.
2.8The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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.
2.9When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age.
3) Right of Withdrawal
3.1In principle, consumers are entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description,
the prices shown are total prices. Sales tax is not shown because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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.
4.3The payment option(s) will be communicated to the customer in the seller's online shop.
4.4If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If you select a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period
or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
4.6If you select a payment method offered via the "Stripe" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information about Stripe is available online at https://stripe.com/de.
4.7If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2If 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 with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3If 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 forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the carrier,
5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the nondelivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5Pickup is not possible for logistical reasons.
5.6Vouchers are provided to the customer as follows:
- via download - by email
5.7Digital Content is provided to Customer as follows:
- via download
- by email
- by direct access via the entrepreneur's website
6) Granting of usage rights for digital content
6.1Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content exclusively for private purposes.
6.2A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if, within the scope of liability for defects,
Replacement delivery made.
8.3If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following number: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the customer before submitting his contractual declaration was specifically informed of the shortening of the limitation period.
8.4The limitations of liability and shortening of deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.5In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.6If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
8.7If the customer acts as a consumer, he 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 whatsoever on his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1Vouchers that are issued free of charge by the seller as part of promotions with a specific 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 in the specified period.
9.2Promotional vouchers can only be redeemed by consumers.
9.3Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.4Promotional vouchers can only be redeemed before completing the ordering process.
Subsequent offsetting is not possible.
9.5Only one promotional voucher can be redeemed per order.
9.6The 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.
9.7If 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 settle the difference.
9.8The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10) Redeeming Gift Certificates
10.1Vouchers 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.
10.2Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
10.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4Only one gift voucher can be redeemed per order.
10.5Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
10.6If 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 chosen to settle the difference.
10.7The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller is aware or gross
has negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.
11) Governing Law
11.1The 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. 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 has his habitual residence.
11.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12) Alternative Dispute Resolution
12.1The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://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.
12.2The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so.