Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Granting of Rights of Use for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Nicolai Stanev, trading as "Nicolai Stanev" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.
1.2 These GTC apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise stipulated.
1.3 These GTC apply mutatis mutandis to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC refers to data created and provided in digital form.
1.4 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.
1.5 You are an entrepreneur within the meaning of these GTC as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days by:
- sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
- delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- requesting payment from you after you have placed your 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 your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be 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
2.5 If you select the payment method "Amazon Payments", payment processing will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de
2.6 When you submit an offer via our company's online order form, the contract text is stored by us after the conclusion of the contract and transmitted to you in text form (e.g. email, fax or letter) after you have sent your order. We do not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the corresponding login data.
2.7 Before submitting your binding order via our online order form, you 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 your browser's zoom function, which magnifies the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our 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 Conditions
4.1 Unless otherwise stated in our product description, the prices quoted are total prices. Value added tax is not shown as we are a small business owner within the meaning of the German Value Added Tax Act (UStG). 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 we are not responsible and which you must bear. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfer if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to you in our online shop.
4.4 If payment in advance by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless we have agreed on a later due date with you.
4.5 If you select a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal where we make an advance payment to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments, or credits.
4.6 If the "Sofortüberweisung" payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", you must have an online banking account activated for participation in "Sofortüberweisung", authenticate yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction will be carried out immediately thereafter by Klarna and your bank account will be debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com
4.7 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, and you may be informed about these separately if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com
4.8 If a payment method offered via the payment service "Mollie" is selected, payment processing is carried out 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 you in our online shop. Mollie may use other payment services for payment processing, for which special payment conditions may apply, and you may be informed about these separately if applicable. Further information on "Mollie" is available online at https://www.mollie.com
4.9 If you select a payment method offered via the payment service "Adyen", payment processing is carried out via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen will be communicated to you in our online shop. To process payments, Adyen may use the services of third-party payment service providers, for which special payment conditions may apply, and you may be informed about these separately if applicable. Further information on "Adyen" is available online at https://www.adyen.help
4.10 If you select a payment method offered via the payment service "Klarna", payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://www.buecherglanz.de
4.11 If you choose the invoice payment method, 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 invoice payment method requires a successful credit check by Klarna AB. If you are permitted to use the invoice payment method after a credit check, payment processing will take place in cooperation with Klarna AB, to whom we assign our payment claim. In this case, you can only pay Klarna AB with debt-discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which you can access during the ordering process. We reserve the right to offer the invoice 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, we will indicate such a payment restriction in our payment information in the online shop.
5) Delivery and Shipping Conditions
5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For the costs of return shipment, the provisions made in our cancellation policy apply if you effectively exercise your right of withdrawal.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you when the goods are handed over to you or a person authorized to receive them. Deviating from this, even if you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods already passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if you have commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if we are not responsible for the non-delivery and have concluded a concrete hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to you as follows:
- by email
- by post
5.7 Digital content will be provided to you as follows:
- via direct access on our website
- via download
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description in our online shop, we grant you the non-exclusive, geographically and temporally unrestricted right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted, unless we have consented to a transfer of the contractually agreed license 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 you have fully paid the contractually owed remuneration. We may provisionally allow use of the contractual content even before this time. A transfer of rights does not take place through such provisional permission.
7) Retention of Title
If we provide services in advance, we retain ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If you act as an entrepreneur,
- we have the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- claims for defects are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
8.2 If you are acting as a consumer, for contracts for the supply of used goods, subject to the following clause: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately agreed between us by contract and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.
8.3 The aforementioned limitations of liability and shortening of deadlines do not apply
- for your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, in contracts for the supply of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If you are acting as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.6 If you are acting as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us thereof. If you fail to do so, this has no effect on your statutory or contractual claims for defects.
9) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
9.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
9.2 If we negligently violate an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on us 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 whose compliance you can regularly rely.
9.3 Otherwise, any liability on our part is excluded.
9.4 The foregoing liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
10) Special conditions for the processing of goods according to specific customer requirements
10.1 If, according to the content of the contract, we owe the processing of the goods according to your specific requirements in addition to the delivery of the goods, you must provide us with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us and grant us the necessary rights of use for this. You are solely responsible for obtaining and acquiring the rights to this content. You declare and assume responsibility for having the right to use the content provided to us. In particular, you shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
10.2 You shall indemnify us against claims of third parties that they may assert in connection with an infringement of their rights by our contractual use of the content provided by you. You shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
10.3 We reserve the right to refuse processing orders if the content provided by you for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or glorifying violence content.
11) Redemption of promotional vouchers
11.1 Vouchers that we issue free of charge as part of promotions with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by you as a consumer.
11.3 Individual products may be excluded from the voucher promotion, if such a restriction results from the content of your promotional voucher.
11.4 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 If our promotional voucher refers to a specific value and not to a percentage discount, your merchandise value must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by us.
11.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.
11.8 The credit balance of a promotional voucher will neither be paid out in cash nor will it bear interest.
11.9 The promotional voucher will not be reimbursed if you return goods paid for entirely or partly with the promotional voucher within the scope of your statutory right of withdrawal.
11.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to check the material entitlement of the respective voucher holder.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to you until the expiry date.
12.3 Gift vouchers can only be redeemed before the completion of the ordering process. 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 us can be chosen to settle the difference.
12.7 The credit balance of a gift voucher will neither be paid out in cash nor will it bear interest.
12.8 The gift voucher is transferable. The seller can make payment 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 gross negligent ignorance of the lack of authorization, the incapacity to act or the lack of power of representation of the respective holder.
13) Applicable Law
13.1 All legal relations between you and us shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law shall only apply insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your 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 do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
14) Alternative Dispute Resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
