General Terms and Conditions
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital content
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company RESLA GmbH (hereinafter referred to as "Seller") "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. goods presented by the seller in his online store. The inclusion of the Customer's own terms and conditions is hereby are hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession. professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store. online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic shopping cart and has gone through the electronic ordering process, by clicking the button concluding the ordering a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the order process. goods contained in the shopping cart. The customer can also submit the offer to the seller by e-mail.
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). or e-mail), whereby the receipt of the order confirmation by the customer is decisive is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive. is decisive, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider
payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as
hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider
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, which can be viewed at https://payments.amazon.de
2.6 When submitting an offer via the seller's online order form, the text of the contract will be text of the contract is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. order in text form (e.g. e-mail, fax or letter). Any further text of the contract is not made available by the seller. If the customer creates a user account user account in the seller's online store before sending his order, the order data will be archived on the seller's Seller's website and can be accessed by the Customer via the Customer's password-protected user account by entering the corresponding login data.
2.7 Before submitting a binding order via the Seller's online order form, the Customer may possible input errors by carefully reading the information displayed on the screen. recognize. An effective technical means of better recognizing input errors can be the browser's magnification function. can be the browser's magnification function, which enlarges the display on the screen. is enlarged. As part of the electronic ordering process, the customer can continue to the usual keyboard and mouse functions until they click on the button that completes the order process. completes the order process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.
2.9 Order processing and contact are generally carried out by e-mail and automated order processing. order processing. The customer must ensure that the e-mail address provided by him for order processing e-mail address is correct so that the e-mails sent by the seller can be received at this address. 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 withdrawal can be found in the seller's withdrawal policy. seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which the prices quoted are total prices that include the statutory value added tax. If applicable additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases additional costs may be incurred 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 by credit institutions (e.g. transfer fees transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery delivery is not made to a country outside the European Union, but the customer makes the payment from a country from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online store.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing shall be PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. can use. If the Seller also offers payment methods via PayPal for which it makes advance payments to the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the PayPal or the payment service provider commissioned by PayPal will carry out a payment check using the transmitted carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method if the result of the check is negative. refuse. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The Seller shall, however, remain responsible for general customer enquiries even in the event of assignment of claims e.g. about the goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes. credit notes.
4.5 When selecting a payment method offered via the "Shopify Payments" payment service
the payment is processed via 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
are communicated to the customer in the seller's online store. For the processing of
Stripe may use other payment services to process payments, for which special payment terms may apply,
to which the customer may be informed separately. Further information on "Shopify Payments" is available on the
Internet at https://www.shopify.com
4.6 If a payment method offered via the "Klarna" payment service is selected, the payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). "Klarna"). Further information and Klarna's terms and conditions can be viewed here:
https://shop.backlaxx.com
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. agreed otherwise. When processing the transaction, the delivery address specified in the seller's order processing is decisive. delivery address is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for costs for the return shipment if the customer effectively exercises his right of withdrawal. The following applies to the return costs the effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply. in this respect.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the accidental deterioration of the goods sold shall pass to the customer as soon as the seller hands over the goods to the to the forwarding agent, carrier or other person or institution designated to carry out the shipment. has delivered the goods. If the customer is acting as a consumer, the risk of accidental loss and accidental accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive the goods. Notwithstanding the above, the risk of accidental loss and accidental accidental loss and accidental deterioration of the goods sold is already transferred to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise person or institution designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier or the person or institution otherwise the person or institution otherwise designated to carry out the shipment and the seller has 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 correct or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has taken due care to conclude a concrete covering transaction with the supplier. The seller shall make all reasonable efforts to procure to procure the goods. In the event of non-availability or only partial availability of the availability of the goods, the customer shall be informed immediately and the consideration refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the content description in the Seller's online store the seller grants the customer the non-exclusive right to the content provided, which is the content for private and commercial purposes without restriction as to place or time. use.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these outside the scope of these GTC is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-off provision of digital content, the granting of rights shall only become only becomes effective once the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. provisionally. Such provisional permission does not constitute a transfer of rights.
7) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full. the purchase price owed.
8) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. liability for defects. In deviation from this, the following applies to contracts for the delivery of goods:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- rights and claims for defects are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
8.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the the following clause: The limitation period for claims for defects is one year from delivery of the goods one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties agreed between the parties and the customer was specifically informed of the shortening of the period of of the shortening of the limitation period before submitting his contractual declaration.
8.3 The aforementioned limitations of liability and shortening of time limits do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products digital products, in the case of contracts for the supply of goods with digital elements.
8.4 In addition, for entrepreneurs, the statutory limitation periods for any existing any existing statutory right of recourse shall remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects. claims for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence. habitual residence is withdrawn.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the the customer's registered office.
11) Code of conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be found on the Internet at https://www.trustedshops.com
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link
available: https://ec.europa.eu
This platform serves as a contact point for the out-of-court 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 dispute resolution proceedings before a consumer arbitration board, nor is it willing to do so.
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