Terms of service
General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and dispatch
- Reservation of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- redemption of gift vouchers
- applicable law
- alternative dispute resolution
1.1 & nbsp; These general terms and conditions (hereinafter & quot; GTC & quot;) of Chigozie Ogbuebele, acting under & quot; Makagi & quot; (hereinafter referred to as & quot; seller & quot;), apply to all contracts relating to the delivery of goods that a consumer or entrepreneur (hereinafter & quot; customer & quot;) with the seller with regard to the seller’s in concludes the goods displayed in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 & nbsp; For contracts for the delivery of Vouchers, these terms and conditions apply accordingly, unless otherwise expressly stipulated.
1.3 & nbsp; A consumer in the sense of these terms and conditions is any natural person who is a legal entity. ft for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 & nbsp; The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer 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 in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. P >
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 customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, In this respect, 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 before, the contract is concluded at that point in time e, in which one of the aforementioned alternatives occurs first. 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. 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.
2.5 & nbsp; In the Submission of an offer via the seller's online order form becomes the contractor ext stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Any further access to the text of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login -Data can be retrieved free of charge.
2.6 & nbsp; Before placing the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the Recognize information presented 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 representation 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 concludes the ordering process.
2.7 b > & nbsp; Only the German language is available for the conclusion of the contract.
2.8 & nbsp; Orders are processed and contact is usually made by e-mail and automated order processing instead. The customer must ensure that the e-mail address given by him to process 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 h2 >
3.1 & nbsp; Consumers generally have a right of withdrawal.
3.2 & nbsp; More detailed information on the right of withdrawal can be found in the Revocation instruction of the seller.
3.3 & nbsp; The right of revocation does not apply to consumers who at the time of the conclusion of the contract do not belong to any member state of the European Union and are the sole member thereof The place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 & nbsp; Provided that the Product description of the seller does not indicate otherwise, the prices given are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 & nbsp; Deliveries to countries outside the European Union can be used. In individual cases, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money 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 money transfer if the delivery is not made to a country outside the European Union, but the customer pays from a country outside the European Union undertakes.
4.3 & nbsp; The payment option (s) is / are communicated to the customer in the seller's online shop.
4.4 & nbsp; If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 < / b> & nbsp; When selecting the payment method & ldquo; IMMEDIATELY & ldquo; Payment is processed by the payment service provider SOFORT GmbH, Theresienh & ouml; he 12, 80339 M & uuml ;nchen (hereinafter referred to as & ldquo; SOFORT & ldquo;). To get the invoice amount via & ldquo; IMMEDIATELY & ldquo; To be able to pay, the customer must have a for participation in & ldquo; IMMEDIATELY & ldquo; Have an activated online banking account, identify yourself accordingly during the payment process and submit the payment order against & ldquo; SOFORT & ldquo; confirm. Immediately thereafter, & ldquo; SOFORT & ldquo; carried out and debited to the customer's bank account. More detailed information on the payment method & ldquo; SOFORT & ldquo; can be accessed by the customer on the Internet at https://www.klarna.com/sofort/ . p>
4.6 & nbsp; If you select one of the & quot; Shopify Payments & quot; The payment methods offered are processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as & quot; Stripe & quot;). The individual payment methods offered via Shopify Payments 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 referred to separately. For more information on & quot; Shopify Payments & quot; are on the Internet at https://www.shopify.com/legal/terms-payments-de available.
4.7 & nbsp; When selecting the payment method & ldquo; PayPal direct debit & ldquo; PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Advance information (& quot; Pre-Notification & quot;) is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not cashed due to insufficient funds in the account or due to the provision of incorrect bank details or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the reverse booking. if he is responsible for this.
4.8 & nbsp; If the payment method direct debit via Stripe is selected, 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: & ldquo; Stripe & ldquo;). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Advance information (& quot; Pre-Notification & quot;) is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not cashed due to insufficient funds in the account or due to the provision of incorrect bank details or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the reverse booking, if he is responsible for this. The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.
4.9 < / b> & nbsp; If you choose 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: & ldquo; Stripe & ldquo;). Stripe reserves the right to carry out a credit check and to decline this type of payment if the credit check is negative.
4.10 & nbsp; If you select a & uuml; Via the payment service & quot; Klarna & quot; The payment method offered is processed by Klarna Bank AB (publ), Sveav & auml; gen 46, 111 34 Stockholm, Sweden (hereinafter referred to as & ldquo; Klarna & ldquo;). More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
5) Delivery and shipping conditions
5.1 b > & nbsp; 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 order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at the time of payment is decisive.
5.2 & nbsp; If the delivery of the goods fails for reasons, which the customer is responsible for, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of cancellation effectively, the provisions in the seller's cancellation policy apply.
5.3 & nbsp; The sale. bank safe l; reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort 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 reimbursed immediately.
5.4 & nbsp; Collection by the customer is off logistical reasons not possible.
5.5 & nbsp; Vouchers are given to the customer as follows:
- by email p>
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.< h2> 7) Liability for defects (warranty)
7.1 & nbsp; If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 & nbsp; If 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 on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer< p> 8.1 & nbsp; If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer has to the seller everything necessary for the processing To provide content such as text, images or graphics in the file formats, formatting, image and file sizes specified by the seller and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact 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, trademarks and personal rights.
8.2 & nbsp; The customer provides the The seller is free from third-party claims which the seller can assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately and truthfully inform the seller. and to fully provide all information necessary for the review of the claims and a defense.
8.3 & nbsp; The Ordinance ; ufer reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or against common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.
9) Redemption of gift vouchers
< b> 9.1 & nbsp; Vouchers that can be purchased via the online shop of the seller (hereinafter referred to as & quot; gift vouchers & quot;) can only be purchased in the online shop of the seller. Unless otherwise stated in the voucher ; sbar. Remaining credit will be credited to the customer until the expiry date.
9.3 & nbsp; Gift vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
9.4 & nbsp; Several gift vouchers can be redeemed for one order.
< b> 9.5 & nbsp; Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 & nbsp ; Is the value of the gift voucher sufficient to cover of the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 & nbsp; The balance of a gift voucher is neither in Cash paid out with interest.
9.8 & nbsp; The gift voucher is transferable. The seller can deliver 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 has knowledge or grossly negligent ignorance of the non-authorization, the inability to act or the lack of authorization of the respective owner.
10) Applicable law
The law of the Republic of Austria 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 by mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn.
11) Alternative dispute resolution h2>
11.1 & nbsp; The 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 point of contact for out-of-court settlement of disputes arising from online purchase or Service contracts in which a consumer is involved.
11.2 & nbsp; The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so. p>