Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment conditions
- Delivery and shipping conditions
- Contract term and termination of subscription contracts for goods
- Retention of title
- Liability for defects (warranty)
- Liability
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable Law
- Code of conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Jaroslaw Pigula Labbrarosso (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 For the purpose of these terms and conditions, a consumer is defined as any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
1.4 For the purpose of these terms and conditions, a business is defined as a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the exercise of their commercial or independent professional activity.
1.5 The subject of the contract may be, depending on the product description of the seller, either the purchase of goods by means of a one-time delivery or the purchase of goods by means of a continuous delivery (hereinafter referred to as "Subscription Contract"). In the case of a Subscription Contract, the seller commits to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals.
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. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer in relation 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
- delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry 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 shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via 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, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The contract text is not made accessible by the seller 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 details.
2.6 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 of better identifying input errors can be the magnification function of the browser, 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 on the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contacting take place usually 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 to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that they have reached the legally required minimum age. The seller ensures, with the inclusion of an age verification system, that the customer has reached the legally required minimum age. The goods will therefore only be handed over after prior successful 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 regarding the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not citizens of a member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description provided by the seller, the prices quoted are total prices inclusive of statutory value added tax. Delivery and shipping costs, if applicable, will be listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are beyond the seller's control and must 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 may also be incurred 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 The payment option(s) available to the customer will be displayed in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize himself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer's bank account is debited. The customer can find more information on the "Sofortüberweisung" payment method on the Internet at https://www.klarna.com
4.6 If a payment method offered via the payment service „Stripe“ is selected, payment processing is carried out via 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 displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Stripe can be found on the internet at https://stripe.com
4.7 If the invoice purchase payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller further reserves the right to carry out a credit check when selecting the invoice purchase payment method and to reject this payment method if the credit check is negative.
4.8 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via 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 refuse this payment method if the credit check is negative.
5) Delivery and Shipping Conditions
5.1 If the seller offers to ship 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 shall be decisive for the processing of the transaction. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision made by the seller in its cancellation policy shall apply to the return shipping costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods 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 shall in principle not pass to the customer until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, even in the case of consumers, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller has not previously notified the customer of this person or institution.
5.4 The seller 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 fault of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. 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.
5.6 Vouchers are provided to the customer as follows:
- by e-mail
6) Contract term and termination of subscription contracts for goods
6.1 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be reasonably expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing the interests of both parties.
6.2 Cancellations must be made in writing or text form (e.g., via email).
7) Retention of Title
If the seller provides advance performance, they retain ownership of the delivered goods until the owed purchase price has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the regulations regarding statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
8.1 If the customer is acting as a business owner,
- the seller has the right to choose the method of supplementary performance;
- the limitation period for claims for defects in new goods is one year from delivery of the goods;
- the rights concerning defects are excluded for used goods;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
8.2 The aforementioned limitations of liability and shortening of time limits do not apply
- to the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their normal 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.
8.3 Furthermore, for business owners, the statutory limitation periods for any existing legal recourse claim remain unaffected.
8.4 If the customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.
8.5 If the customer is acting as a consumer, they are requested to report delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this request, this has no effect on their statutory or contractual claims for defects.
9) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise stipulated,
- based on mandatory liability such as under the Product Liability Act.
9.2 If the seller negligently breaches a material contractual obligation, the liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
9.3 Furthermore, the seller's liability is excluded.
9.4 The above liability regulations also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
10) Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by the seller as part of advertising campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "Promotional Vouchers") can only be redeemed in the seller's online shop and only during the specified period.
10.2 Promotional Vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is apparent from the content of the Promotional Voucher.
10.4 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.
10.5 Only one Promotional Voucher can be redeemed per order.
10.6If the promotional voucher refers to a specific value and not to 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.
10.7 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 selected to pay the difference.
10.8 The credit balance of a Promotional Voucher will not be paid out in cash, nor will it accrue interest.
10.9 The Promotional Voucher will not be refunded if the customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
10.10 The Promotional Voucher is transferable. The seller can render performance with discharging effect to the respective holder 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 respective holder's lack of entitlement, legal incapacity or lack of power of representation.
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 the voucher states otherwise.
11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining balances 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 crediting is not possible.
11.4Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.
11.5If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.
11.6The balance of a gift certificate cannot be redeemed for cash and does not accrue interest.
11.7The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
12) Applicable Law
12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.2 Furthermore, concerning the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not nationals of any member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
13) Code of Conduct
- The seller is subject to the guidelines for "Google Customer Reviews," which can be found online at https://support.google.com
14) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer conciliation board.
