General terms and conditions with customer information

 

Table of contents

  1. Scope

  2. Conclusion of contract

  3. Right of withdrawal

  4. Prices and terms of payment

  5. Delivery and shipping conditions

  6. Retention of title

  7. Liability for defects (warranty)

  8. Liability

  9. Gift certificate redemption

  10. Applicable law

  11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Sascha Kobitz, trading under "SHO CHA" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you/us") conclude with us with regard to the goods presented by us in our online store. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that cannot be attributed primarily to your commercial or independent professional activity.

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 our online store do not constitute binding offers on our part, but serve to submit a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online store. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. You can also submit the offer to us by e-mail or via the online contact form.

2.3 We can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive in this respect, or

  • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or

  • by asking you to pay after placing your order.

If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay by means of a payment method offered by PayPal that can be selected in the online ordering process, we already declare acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When submitting an offer via our company's online order form, the text of the contract will be saved by us after the contract is concluded and sent to you in text form (e.g. email, fax or letter) after your order has been sent. We will not make the text of the contract accessible beyond this. If you have set up a user account in our online store before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via our online order form, you can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the magnification function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process your order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in our revocation policy.

3.3 The 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

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. 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 you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online store.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 If you select a payment method offered via the "Stripe" payment service, payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). You will be informed of the individual payment methods offered via Stripe in our online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which you may be informed separately. Further information about Stripe can be found on the Internet at https://stripe.com/de.

4.6 If the payment method credit card via Stripe is selected, 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 referred to as "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

5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provision in our withdrawal policy applies to the return costs.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to you when the goods are handed over to you or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.

5.5 If we offer the goods for collection, you can collect the ordered goods within the business hours specified by us at the address specified by us. In this case, you will not be charged any shipping costs.

5.6 Vouchers are provided to you as follows:

- by e-mail

6) Retention of title

If we make advance payment, we reserve title to 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 shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 Are you acting as an entrepreneur?

  • we have the choice of the type of subsequent performance;

  • the limitation period for warranty rights for new goods is one year from delivery of the goods;

  • the warranty rights are excluded for used goods;

  • the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and shortening of time limits do not apply

  • for your claims for damages and reimbursement of expenses,

  • in the event that we have fraudulently concealed the defect,

  • for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,

  • for any existing obligation on our part to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If you act as a merchant within the meaning of § 1 HGB (German Commercial Code), you are subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If you are acting as a consumer, you are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you fail to do so, this will have no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:

8.1 We shall be 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, limb or health,

  • on the basis of a guarantee promise, unless otherwise agreed,

  • due to mandatory liability such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless we are liable without limitation in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on us according to its content in order 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 you may regularly rely.

8.3 Any further liability on our part is excluded.

8.4 The above liability provisions shall also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via our online store (hereinafter referred to as "gift vouchers") can only be redeemed in our online store, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to you until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can be redeemed with one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

10) Applicable law

10.1 All legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. If you are acting as a consumer, this choice of law shall only apply insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

10.2 Furthermore, 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 of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

11) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.