General terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. reservation of title
7. liability for defects
8. liability
9. redemption of promotional vouchers
10 Applicable law
11. information on online dispute resolution
1. scope of application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of the company “4 Fifty GbR Florian Spörl und Kevin Dusch” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is contradicted unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2. conclusion of contract
2.1. The presentation of the goods, particularly in the online store, does not constitute a binding offer by the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all the data required for order processing is recorded.
A summary of the order and contract data appears at the end of the order process.
Only after confirmation of this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer’s offer through the following possible alternatives:
– Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods
The time of acceptance is determined by the first alternative that has occurred.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal” or “Paypal Express” is selected, the 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 (hereinafter: “Paypal”). The PayPal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button concluding the order process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer’s offer at the time the payment order is issued, in deviation from the above provisions.
2.5. The text of the contract concluded between the seller and the customer. contract is stored by the seller. The General The customer can view the terms and conditions at any time on this page. The Order data, the cancellation policy and the GTC will be sent to the customer by email. sent to you. Once the order has been completed, the text of the contract can no longer be viewed online by the customer.
2.6. All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer’s responsibility to provide a correct e-mail address for contacting and processing the order and to set the filter functions so that e-mails relating to this order can be delivered.
3. prices and terms of payment
3.1. The prices shown are final prices including statutory VAT, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. The customer can select the payment methods available in the online store.
3.3. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 In the case of payment via “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. Paypal checkout
If you pay via PayPal Checkout, the payment will be Payment processing via PayPal Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”), whereby PayPal also uses the services of third party payment providers for this purpose which you can select, if offered.
If payment methods are also offered on this website where the seller makes an advance payment (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the service provider commissioned by PayPal and authorized by the customers specifically selected payment service provider. PayPal or the selected third-party provider will first a credit check before accepting the seller’s assignment offer. assumes. The selected payment method can be refused if the credit check returns a negative result.
Payment is possible after approval of the selected payment method only to PayPal or the respective commissioned payment service provider with debt-discharging effect possible.
4. delivery and shipping conditions
4.1. The delivery of goods by mail order is made to the delivery address specified by the customer. Notwithstanding the above, the delivery address provided by the customer to PayPal at the time of payment shall be decisive for payment by PayPal.
4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this regulation are the costs of the return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
4.3. Self-collection is not offered.
4.4. Vouchers are provided to the customer in the following form:
5. right of withdrawal
5.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2. The seller’s cancellation policy applies to the right of withdrawal.
6. reservation of title
If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1. With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance shall have no effect whatsoever on the customer’s statutory or contractual claims for defects.
8. liability
The Seller’s liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1. The seller shall only be liable without limitation for damages that are attributable to intentional or grossly negligent behavior.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller shall also be liable for slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
The seller shall also be liable on the basis of a guarantee promise as regulated above, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
8.2. Liability is limited – except in the case of intentional or grossly negligent behavior or in the case of damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) – to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3. Any further liability of the seller is excluded.
8.4. The above liability provisions shall also apply mutatis mutandis in favor of the Seller’s employees and vicarious agents.
9. redemption of promotional vouchers
9.1. Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and that the customer cannot purchase (“promotional vouchers”) can only be redeemed in the seller’s online store and only during the period specified by the seller.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Individual products may be excluded from the voucher promotion.
The specific restrictions can be found on the promotional voucher.
9.4. Promotional vouchers can only be redeemed before completing the order process. There is no subsequent offsetting.
9.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
9.6. The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8. The balance of a promotional voucher is neither paid out nor interest-bearing.
9.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.10. Promotional vouchers are generally transferable.
The seller can make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of power of representation of the respective owner.
10 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
11. information on online dispute resolution
The EU Commission’s online dispute resolution platform is available on the internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. reservation of title
7. liability for defects
8. liability
9. redemption of promotional vouchers
10 Applicable law
11. information on online dispute resolution
1. scope of application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of the company “4 Fifty GbR Florian Spörl und Kevin Dusch” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is contradicted unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2. conclusion of contract
2.1. The presentation of the goods, particularly in the online store, does not constitute a binding offer by the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all the data required for order processing is recorded.
A summary of the order and contract data appears at the end of the order process.
Only after confirmation of this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer’s offer through the following possible alternatives:
– Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods
The time of acceptance is determined by the first alternative that has occurred.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal” or “Paypal Express” is selected, the 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 (hereinafter: “Paypal”). The PayPal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button concluding the order process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer’s offer at the time the payment order is issued, in deviation from the above provisions.
2.5. The text of the contract concluded between the seller and the customer. contract is stored by the seller. The General The customer can view the terms and conditions at any time on this page. The Order data, the cancellation policy and the GTC will be sent to the customer by email. sent to you. Once the order has been completed, the text of the contract can no longer be viewed online by the customer.
2.6. All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer’s responsibility to provide a correct e-mail address for contacting and processing the order and to set the filter functions so that e-mails relating to this order can be delivered.
3. prices and terms of payment
3.1. The prices shown are final prices including statutory VAT, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. The customer can select the payment methods available in the online store.
3.3. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 In the case of payment via “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. Paypal checkout
If you pay via PayPal Checkout, the payment will be Payment processing via PayPal Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”), whereby PayPal also uses the services of third party payment providers for this purpose which you can select, if offered.
If payment methods are also offered on this website where the seller makes an advance payment (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the service provider commissioned by PayPal and authorized by the customers specifically selected payment service provider. PayPal or the selected third-party provider will first a credit check before accepting the seller’s assignment offer. assumes. The selected payment method can be refused if the credit check returns a negative result.
Payment is possible after approval of the selected payment method only to PayPal or the respective commissioned payment service provider with debt-discharging effect possible.
4. delivery and shipping conditions
4.1. The delivery of goods by mail order is made to the delivery address specified by the customer. Notwithstanding the above, the delivery address provided by the customer to PayPal at the time of payment shall be decisive for payment by PayPal.
4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this regulation are the costs of the return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
4.3. Self-collection is not offered.
4.4. Vouchers are provided to the customer in the following form:
- by e-mail
- via download
- by post
5. right of withdrawal
5.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2. The seller’s cancellation policy applies to the right of withdrawal.
6. reservation of title
If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1. With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance shall have no effect whatsoever on the customer’s statutory or contractual claims for defects.
8. liability
The Seller’s liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1. The seller shall only be liable without limitation for damages that are attributable to intentional or grossly negligent behavior.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller shall also be liable for slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
The seller shall also be liable on the basis of a guarantee promise as regulated above, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
8.2. Liability is limited – except in the case of intentional or grossly negligent behavior or in the case of damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) – to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3. Any further liability of the seller is excluded.
8.4. The above liability provisions shall also apply mutatis mutandis in favor of the Seller’s employees and vicarious agents.
9. redemption of promotional vouchers
9.1. Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and that the customer cannot purchase (“promotional vouchers”) can only be redeemed in the seller’s online store and only during the period specified by the seller.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Individual products may be excluded from the voucher promotion.
The specific restrictions can be found on the promotional voucher.
9.4. Promotional vouchers can only be redeemed before completing the order process. There is no subsequent offsetting.
9.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
9.6. The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8. The balance of a promotional voucher is neither paid out nor interest-bearing.
9.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.10. Promotional vouchers are generally transferable.
The seller can make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of power of representation of the respective owner.
10 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
11. information on online dispute resolution
The EU Commission’s online dispute resolution platform is available on the internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
