General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Lucien Azzouz) via the website cardsofbob.de/shop/. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to check, change (also via the "back" function of the internet browser) or cancel the order details in the order overview.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
- Installment purchase ("Financing"): Further information on installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the conditions for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct debit ("Pay Now")
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna during the initiation of the purchase and the processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information on Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be specifically informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Mollie"
(4) Payment via "Stripe"
If a payment method offered via "Stripe" is selected, payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be specifically informed about them. Further information on "Stripe" can be found at https://stripe.com/de.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or assignment by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) Statutory liability for defects exists.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the above warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty by repair or replacement, at our discretion. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects is considered to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction in time does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Lucien Azzouz
Enderstr. 94
01277 Dresden
Germany
Email: info@cardsofbob.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.
6.3. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These GTC and customer information have been prepared by the lawyers specializing in IT law of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/