Terms of service

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. Terms and Conditions
  6. Granting of rights of use for digital content
  7. Retention of title
  8. Liability for defects (warranty)
  9. Liability
  10. Special conditions for the processing of goods according to certain specifications of the customer
  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

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ingo Brunken GmbH (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 his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

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

1.3  These T&Cs apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these Terms and Conditions is data that is 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 can predominantly be attributed neither to his commercial nor to his self-employed professional activity.

1.5  An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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 make a binding offer by the Customer.

2.2  The customer can submit the offer via the online order form integrated into the seller's online shop. In this case, after placing the selected goods in the virtual shopping cart and going 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 concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, online contact form, post 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by asking the customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract shall be 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 with 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 shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4  If you select a payment method offered by PayPal, the payment will be processed 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 Terms of Use, available at  https://www.paypal.com/en/legalhub/PayPal/useragreement-full  or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at  https://www.paypal.com/en/legalhub/PayPal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks on the button that completes the order process.

2.5  When submitting an offer via the seller's online order form, the text of the contract will be 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 the order has been sent. The seller does not make the text of the contract available beyond this. 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 free of charge via his password-protected user account by providing the corresponding login data.

2.6  Before placing a binding order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks 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 shop.

2.8  The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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

3.1  Consumers are generally entitled to a right of withdrawal.

3.2  Further 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 do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2  In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transmission 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) will be communicated to the Customer in the Seller's online shop.

4.4  If advance payment 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.

4.5  If you select a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes an advance payment to the customer (e.g. purchase on account or payment in instalments), he assigns his 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 will carry 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 at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and revocation or credit notes.

4.6  If you select the "Sofortüberweisung" payment method, the payment will be 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", identify himself accordingly during the payment process and confirm the payment instruction. The payment transaction is immediately executed by Klarna and the customer's bank account is debited. The customer can find more information about the payment method "Sofortüberweisung" on the Internet at  https://www.klarna.com/immediately/  fetch.

4.7  If you select a payment method offered via the "Mollie" payment service, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: "mollie"). The individual payment methods offered through Mollie will be communicated to the Customer in the Seller's online shop. For the processing of payments, Mollie may use other payment services, which may be subject to special payment terms, to which the Customer may be separately informed. Further information on "Mollie" can be found on the Internet at  https://www.mollie.com/en/  abrufbar.

4.8  If you select the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, 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 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 Store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.

4.9  If you select the payment method purchase on account via Billie, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Billie GmbH, Charlottenstraße 4, 10969 Berlin, within the payment period stated on the invoice. Purchase on account via Billie is only available to entrepreneurs and requires a successful credit check by Billie GmbH. If the customer is allowed to purchase on account after checking the creditworthiness, the payment will be processed in cooperation with Billie GmbH, to which the seller assigns his payment claim. In this case, the customer can only pay to Billie GmbH with a debt-discharging effect. Even if the payment method purchased on account via Billie is selected, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints or credit notes. In all other respects, the General Terms and Conditions of Billie GmbH (https://www.billie.io/agb). The Seller reserves the right to offer the payment method purchase on account only from and only up to a certain order volume and to reject this payment method if the specified order volume is below or exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the Online Store.

4.10  If you select the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 days from the date of invoice without deduction to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If, after checking the creditworthiness, the customer is permitted to use the payment method purchase on account, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only pay to Klarna AB with a debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can access as part of the order process. The seller reserves the right to offer the payment method purchase on account 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 Store.

4.11  If the payment method "easyCredit instalment purchase" is selected, payment processing is carried out by TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as "TeamBank AG"), to which the Seller assigns its payment claim. Before accepting the seller's declaration of assignment, TeamBank AG will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "easyCredit installment purchase" in the event of a negative test result. If the payment method "easyCredit Installment Purchase" is approved by TeamBank AG, the Customer must pay the invoice amount to TeamBank AG under the conditions specified by the Seller, which will be communicated to him in the Seller's online shop. In this case, he can only pay to TeamBank AG with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and dispatches or credit notes. In addition, the General Terms and Conditions for easyCredit Installment Purchase, which can be found on the Internet at  https://www.easycredit-ratenkauf.de/Marketing Material Training/general-terms and conditions/  can be retrieved.

4.12  If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). More information and Klarna's terms and conditions can be found here:

https://kasefilters.de/service/Payment-and-Shipping/

5) Delivery and Shipping Conditions

5.1  If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2  In the case of goods delivered by freight forwarder, delivery is made "free curbside", 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 with regard to the costs for the outward shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision made in the seller's cancellation policy applies to the return costs.

5.4  If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the 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 goods sold generally only passes when the goods are handed over to the customer or a person entitled to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment, if the customer instructs the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the seller has commissioned the customer has not previously named this person or institution.

5.5  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 attributable to 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 unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6  If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.7  Vouchers are provided to the customer as follows:

  • per download
  • by e-mail

6) Granting of rights of use for digital content

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

6.2  Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to transfer 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 shall only become effective when the customer has paid the remuneration owed in full. The seller may provisionally permit the use of the content of the contract even before this date. A transfer of rights does not take place through such a provisional permission.

7) Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

8.1  If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for defect rights is one year from the date of delivery of the goods;
  • the rights of defects are excluded in the case of used goods;
  • the limitation period does not begin again 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

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which have been used for a building in accordance with their normal use and which have caused its defectiveness,
  • for any obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.3  In addition, the statutory limitation periods for any existing statutory recourse claim remain unaffected for entrepreneurs.

8.4  If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

8.5  If the customer acts as a consumer, he is asked to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and expenses as follows:

9.1  The Seller shall be liable without limitation for any legal reason

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

9.2  If the seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is imposed in accordance with the above paragraph. Essential contractual obligations are obligations which, according to its content, the contract imposes on the seller in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract in the first place and on the compliance with which the customer may regularly rely.

9.3  In all other respects, the seller shall not be liable.

9.4  The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

10) Special conditions for the processing of goods according to certain specifications of the customer

10.1  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 must provide the Seller with all content required for the 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. 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, he shall ensure that no rights of third parties are violated as a result, in particular copyright, trademark and personal rights.

10.2  The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights by the Seller's use of the Customer's content in accordance with the contract. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the infringement is not attributable to the customer. In the event of a claim by third parties, the Client shall promptly, truthfully and completely provide the Seller with all information necessary for the examination of the claims and a defence.

10.3  The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or common decency. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, endangering young people and/or glorifying violence.

11) Redemption of promotional vouchers

11.1  Vouchers issued free of charge by the Seller as part of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

11.2  Promotional vouchers can only be redeemed by consumers.

11.3  Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

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

11.5  Only one promotional voucher can be redeemed per order.

11.6  The value of the goods must be at least equal 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 not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

11.8  The balance of a promotional voucher will not be paid out in cash or earn interest.

11.9  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 his statutory right of withdrawal.

11.10  The promotional voucher is transferable. The Seller may make payments 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 non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.

12) Gift Card Redemption

12.1  Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Voucher.

12.2  Gift vouchers and remaining balance of 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 the customer until the expiration date.

12.3  Gift vouchers can only be redeemed before the order process has been completed. Subsequent offsetting 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 additional gift vouchers.

12.6  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 pay the difference.

12.7  The balance of a gift voucher is neither paid out in cash nor does interest accrue.

12.8  The gift voucher is transferable. The Seller may make payments 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 non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.

13) Applicable law

13.1  The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13.2  Furthermore, with regard to the statutory right of withdrawal, this choice of law 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 residence and delivery address are outside the European Union at the time of conclusion of the contract.

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 place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller 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 professional or commercial activity of the customer. However, in the above cases, 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 submitted to the terms and conditions of participation in the eCommerce initiative "Fairness in Commerce", which is available on the Internet at  https://www.fairness-im-handel.de/Conditions of Participation/  viewable.

16) Alternative dispute resolution

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