General Terms and Conditions with Customer Information (GTC)

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Retention of Title
  8. Liability for Defects (Warranty)
  9. Liability
  10. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  11. Redemption of Promotional Vouchers
  12. Redemption of Gift Vouchers
  13. Applicable Law
  14. Place of Jurisdiction
  15. Code of Conduct
  16. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Ingo Brunken GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise specified.

1.3 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise specified. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.4 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 their independent professional activity.

1.5 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 for 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding 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 email, fax, online contact form, mail or telephone.

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 to run on the day after the Customer sends the offer 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 is considered 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 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/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax or letter) after the Customer has sent their order. The Seller will 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 their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.

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 for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click 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 contact generally 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 More detailed information on 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 are not citizens of a member state of the European Union at the time of concluding the contract 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 Seller's product description, the prices quoted are total prices that include statutory sales tax. 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 arise in individual cases, for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers 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 money transfers if the delivery does not take place 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) will be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. 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 assignment declaration, 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 selected payment method to the Customer in the event of a negative 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 pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of withdrawal and returns, or credits, even in the event of an assignment of claims.

4.6 When selecting the "Sofortüberweisung" (instant transfer) payment method, payment processing is handled 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 enabled for "Sofortüberweisung," authenticate themselves 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. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/.

4.7 When a payment method offered via the payment service "Mollie" is selected, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be communicated to the customer in the Seller's online shop. Mollie may use other payment services for payment processing, for which special payment conditions may apply, about which the customer may be informed separately. Further information on "Mollie" is available online at https://www.mollie.com/de/.

4.8 If the payment method "purchase on account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse 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 their payment information in the online shop. The seller further reserves the right to carry out a credit check when selecting the payment method "purchase on account" and to refuse this payment method in the event of a negative credit check.

4.9 If the payment method invoice purchase via Billie is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within the payment period specified on the invoice to Billie GmbH, Charlottenstraße 4, 10969 Berlin, without deduction. Invoice purchase via Billie is exclusively available to entrepreneurs and requires a successful credit check by Billie GmbH. If the customer is permitted to purchase on invoice after a credit check, the payment will be processed in cooperation with Billie GmbH, to whom the seller assigns its payment claim. In this case, the customer can only make payments to Billie GmbH with debt-discharging effect. Even if the payment method invoice purchase via Billie is selected, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, or credits. In all other respects, the General Terms and Conditions of Billie GmbH (https://www.billie.io/agb) apply. The seller reserves the right to offer the payment method invoice purchase only from and up to a certain order volume and to refuse this payment method if the specified order volume is undershot or exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.

4.10 When selecting the payment method "purchase on account", the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 30 days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The "purchase on account" payment method requires a successful credit check by Klarna AB. If the customer is permitted to use the "purchase on account" payment method after a credit check, payment will be processed in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only pay Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB, which the customer can access during the order process, apply. The seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to refuse 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 their payment information in the online shop.

4.11 If the payment method "easyCredit installment purchase" is selected, payment processing is handled by TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), to whom the Seller assigns its payment claim. Before accepting the Seller's assignment declaration, TeamBank AG carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the "easyCredit installment purchase" payment method to the Customer in the event of a negative check result. If the "easyCredit installment purchase" payment method is approved by TeamBank AG, the Customer must pay the invoice amount to TeamBank AG under the conditions set by the Seller, which will be communicated to the Customer in the Seller's online shop. In this case, the Customer can only pay TeamBank AG with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of withdrawal and returns, or credits, even in the event of an assignment of claims. In addition, the General Terms and Conditions for easyCredit installment purchase apply, which can be accessed online at https://www.easycredit-ratenkauf.de/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.

4.12 When a payment method offered via the payment service "Klarna" is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information and Klarna's terms and conditions can be found here:

https://kasefilters.de/service/Zahlungs-und-versandarten/

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 For goods delivered by a forwarding agent, delivery is made "free curb," i.e., to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 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 to the costs for sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the regulation set out in the Seller's cancellation policy applies.

5.4 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, carrier or other person or institution 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 to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the Seller's responsibility and the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. 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 without delay.

5.6 If the Seller offers the goods for collection, the Customer can collect the ordered goods during the Seller's stated business hours at the address provided by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

  • via download
  • via email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private and commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted, unless the Seller has consented to a transfer of the license subject to the contract to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the grant of rights only becomes effective when the Customer has paid the remuneration due in full. The Seller may provisionally permit use of the content subject to the contract even before this time. Such provisional permission does not constitute a transfer of rights.

7) Retention of Title

If the Seller performs in advance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defect claims is one year from delivery of the goods;
  • for used goods, defect claims are excluded;
  • the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortening of deadlines regulated above do not apply

  • to the Customer's claims for damages and reimbursement of expenses,
  • if the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of Section 1 HGB, the commercial inspection and notification obligation pursuant to Section 377 HGB applies to them. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

8.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure by the Customer to do so has no impact on their statutory or contractual claims for defects.

9) Liability

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

9.1 The Seller is liable without limitation on any legal grounds

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, limb or health,
  • due to a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. 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 enables the proper execution of the contract in the first place and on the observance of which the Customer can regularly rely.

9.3 Otherwise, the Seller's liability is excluded.

9.4 The aforementioned liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Special Conditions for the Processing of Goods According to Specific Customer Specifications

10.1 If, according to the content of the contract, the Seller owes, in addition to the delivery of goods, the processing of the goods according to specific customer specifications, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formats, image and file sizes specified by the Seller, and grant the Seller the necessary usage rights for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are violated, especially copyrights, trademark rights and personal rights.

10.2 The Customer indemnifies the Seller from claims of third parties that they may assert against the Seller in connection with an infringement of their rights by the Seller's contractual use of the Customer's content. The Customer also bears the necessary costs of legal defense, including all court and lawyer fees 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, truthfully and completely provide the Seller with all information necessary for the examination of the claims and a defense.

10.3 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 content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

11) Redemption of Promotional Vouchers

11.1 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.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion, if a corresponding restriction arises from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 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.

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

11.8 The credit of a promotional voucher is neither paid out in cash nor interest-bearing.

11.9 The promotional voucher will not be refunded if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

11.10 The promotional voucher is transferable. The Seller can make payment with exonerating 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 lack of entitlement, legal incapacity or lack of representation authority of the respective holder.

12) Redemption of Gift Vouchers

12.1 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.

12.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the Customer until the expiry date.

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

12.4 Only one gift voucher can be redeemed per order.

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

12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

12.7 The credit of a gift voucher is neither paid out in cash nor interest-bearing.

12.8 The gift voucher is transferable. The Seller can make payment with exonerating 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 entitlement, legal incapacity or lack of representation authority of the respective holder.

13) Applicable Law

13.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not citizens of a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

14) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.

15) Code of Conduct

- The Seller has subjected itself to the terms of participation for the eCommerce initiative "Fairness im Handel", which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

16) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.