Terms of service
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter"GTC") from"Born too late"/ Jan Meininghaus (hereinafter"seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") with the seller with regard to the goods displayed by the seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employedAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering processThe customer can also submit the offer to the seller by phone, fax, email, post or online contact form.
2.3 The seller can 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 asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs firstThe 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 offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g.B.Email, fax or letter)In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.
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 screenAn effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlargedThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by email and automated order processingThe customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this addressIn 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.
2.8 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him is allowed to receive the goods.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales taxAny additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method"SOFORT"is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT")In order to be able to pay the invoice amount via"SOFORT", the customer must have an online banking account with PIN/TAN that has been activated for participation in"SOFORT", identify himself accordingly during the payment process and submit the payment order to"SOFORT"confirmThe payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipmentThis does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller gave him the opportunity had announced the service a reasonable time in advance.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by post
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter"promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.4 Promotion vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
8.5 Only one campaign voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the campaign voucherAny remaining credit will not be refunded by the seller.
8.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.9 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10 The campaign voucher is transferableThe seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effectThis does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization of the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter"gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchasedRemaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process has been completedSubsequent billing is not possible.
9.4 Several gift vouchers can be redeemed for one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8 The gift voucher is transferableThe seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shopThis does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization of the respective owner.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsIn the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of businessIf the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activityIn the above cases, however, the seller is always entitled to call the court at the customer's registered office.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link:https://ec.europa.eu/consumers/odr
This platform serves as a point of contact 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 a dispute settlement procedure before a consumer arbitration board.