TERMS AND CONDITIONS I G G 2020
BACK GERMAN VERSION
ILLYA GOLDMAN GUBIN
General terms and conditions with customer information
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. liability
9. special conditions for the processing of goods in accordance with certain specifications of the customer
10. redemption of promotion vouchers
11. code of conduct
12. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Illya Gubin (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store. Herewith the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of goods shown in the Seller's print catalog, these Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur in the sense 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 his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may 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, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If an offer is submitted 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 sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this.
2.5 Before the binding submission of the 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The English language is available for the conclusion of the contract.
2.7 The order processing and contact are usually carried out 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 third parties commissioned by the seller 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 revocation can be found here.
3.3 The right of revocation shall 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 only place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall 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 are to be borne by the customer. These include, for example, costs for the transfer of money through 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 money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller's online store.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase 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 in his payment information in the online store about a corresponding payment restriction.
4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer.
5.2 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 shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is only transferred to the customer or a person or institution authorized to receive the goods when the goods are handed over to the customer. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods, even in the case of consumers, shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
6.1 In relation to consumers, the Seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until all claims from a current business relationship have been settled in full.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
7.1 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 defects shall be one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are generally excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and the shortening of time limits provided for in the above paragraphs shall not apply
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the Seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows
8.1 The Seller shall be 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,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the above clause. Material contractual obligations are obligations which the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
9) Special terms and conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the Seller is responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he/she has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
9.2 The Customer shall indemnify the Seller from any claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defense including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
9.3 The Seller reserves the right to reject processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are contrary to public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
10) Redemption of campaign vouchers
10.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online store and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Only one promotion voucher can be redeemed per order.
10.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid.
10.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
10.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Code of Conduct
- The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
TERMS AND CONDITIONS I G G 2020
BACK GERMAN VERSION
General terms and conditions with customer information
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. liability
9. special conditions for the processing of goods in accordance with certain specifications of the customer
10. redemption of promotion vouchers
11. code of conduct
12. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Illya Gubin (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store. Herewith the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of goods shown in the Seller's print catalog, these Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur in the sense 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 his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may 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, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If an offer is submitted 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 sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this.
2.5 Before the binding submission of the 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The English language is available for the conclusion of the contract.
2.7 The order processing and contact are usually carried out 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 third parties commissioned by the seller 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 revocation can be found here.
3.3 The right of revocation shall 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 only place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall 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 are to be borne by the customer. These include, for example, costs for the transfer of money through 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 money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller's online store.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase 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 in his payment information in the online store about a corresponding payment restriction.
4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer.
5.2 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 shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is only transferred to the customer or a person or institution authorized to receive the goods when the goods are handed over to the customer. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods, even in the case of consumers, shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
6.1 In relation to consumers, the Seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until all claims from a current business relationship have been settled in full.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
7.1 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 defects shall be one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are generally excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and the shortening of time limits provided for in the above paragraphs shall not apply
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the Seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows
8.1 The Seller shall be 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,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the above clause. Material contractual obligations are obligations which the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
9) Special terms and conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the Seller is responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he/she has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
9.2 The Customer shall indemnify the Seller from any claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defense including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
9.3 The Seller reserves the right to reject processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are contrary to public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
10) Redemption of campaign vouchers
10.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online store and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Only one promotion voucher can be redeemed per order.
10.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid.
10.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
10.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Code of Conduct
- The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.