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 Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Rajatdeep Singh Ghotra, trading as "Rajatdeep Singh Ghotra" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed 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 These GTC apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 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.
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 to enable the Customer to submit a binding offer.
2.2 The Customer can 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 having gone through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods 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 email), 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 payment from the Customer after they have placed their 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 accepting 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 his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled 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 user agreement, viewable at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://pay.amazon.de
2.6 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., email, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this.
2.7 Before 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 browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have 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 Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance 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.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g., purchase on account or installment payment), it assigns its 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 conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check 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, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.
4.5 If the payment method "Sofortüberweisung" (instant transfer) is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found on the internet at https://www.klarna.com
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled 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 Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Apple Pay is available on the Internet at https://www.apple.com
4.8 If a payment method offered via the payment service "Google Pay" is selected, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Google Pay is available on the Internet at https://pay.google.com
4.9 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled 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 conduct a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will 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 processing of the transaction.
5.2 If 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 of sending the goods if the Customer effectively exercises their right of withdrawal. For return costs, the provision in the Seller's cancellation policy applies in the event of an effective exercise of the right of withdrawal by the Customer.
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 forwarder, 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 when the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, 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 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stated 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;
- the limitation period for defect claims for new goods is one year from delivery of the goods;
- defect claims for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, for contracts for the delivery of used goods, with the restriction of the following paragraph: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately agreed upon between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The aforementioned limitations of liability and shortenings of deadlines 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 use and have caused its defectiveness,
- for 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 right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, 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 legal claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
8.3 Otherwise, any liability of the Seller is excluded.
8.4 The above liability regulations also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer requirements
9.1 If, according to the content of the contract, the Seller also owes the processing of goods according to specific customer requirements in addition to the delivery of goods, the customer must provide the Seller with all content necessary for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the Seller. In particular, he ensures that no third-party rights are violated, in particular copyrights, trademark rights and personal rights.
9.2 The customer indemnifies the Seller from claims of third parties which they may assert against the Seller in connection with an infringement of their rights by the contractual use of the customer's content by the Seller. The customer also bears the necessary costs of legal defense, including all court and attorney fees at the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of claims and a defense in the event of a claim by third parties.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or good morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which 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.
10.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Several promotional vouchers can also be redeemed for one order.
10.5 If the promotional voucher refers to a specific value and not a percentage discount, the 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.
10.6 If 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 chosen to settle the difference.
10.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for entirely or partially with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Redemption of gift vouchers
11.1 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 on the voucher.
11.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.5 If 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.
11.6 The credit of a gift voucher will neither be paid out in cash nor bear interest.
11.7 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.
12) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For 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.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.