Terms and Conditions with Customer Information
Table of contents
- Scope of application
- Conclusion of the contract
- Right of withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods in accordance with specific customer requirements
- Special terms and conditions for repair services
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Arnstadt Kristall GmbH (hereinafter “the Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter “the Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These Terms and Conditions apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.3 For the purposes of these General Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.4 For the purposes of these General Terms and Conditions, a ‘business operator’ is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The customer may submit an offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form, by post or by telephone.
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 email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the date on which the goods are received by the customer shall be decisive, or
- by requesting payment from the customer once they have placed their order.
If several of the aforementioned alternatives apply, the contract shall come into effect at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer 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 be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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 Terms of Service, available at https://www.paypal.com
2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The Seller will not make the text of the contract available in any other way. If the customer has set up a user account in the Seller’s online shop prior to submitting their order, the order details will be archived on the Seller’s website and may be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms, by submitting the order, that they have reached the minimum age required by law. The seller ensures, using an age verification system, that the customer has reached the minimum age required by law. The goods will therefore only be handed over once the customer’s age has been successfully verified and their identity authenticated.
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.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs will be specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via banks (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even 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 payment method(s) will be communicated to the customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the “Sofortüberweisung” payment method is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account that has been activated for use with “Sofortüberweisung”, must authenticate themselves accordingly during the payment process, and must confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer’s bank account is debited. The customer can find further information on the “Sofortüberweisung” payment method online at https://www.klarna.com
4.6 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are displayed to the customer in the seller’s online shop. To process payments, Apple may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Apple Pay is available online at https://www.apple.com
4.7 If a payment method offered via the “Google Pay” payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are displayed to the customer in the seller’s online shop. To process payments, Google may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Google Pay is available online at https://pay.google.com
4.8 If a payment method offered via the “Mollie” payment service 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 are displayed to the customer in the seller’s online shop. To process payments, Mollie may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Mollie” is available online at https://www.mollie.com
5) Delivery and shipping terms
5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the processing of the transaction.
5.2 If 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 does not apply to the costs of the initial dispatch if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.
5.3 If the customer is acting as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.
5.4 If the customer is acting as a consumer resident in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this shall only apply if the seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay.
5.5 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be incurred.
5.6 Vouchers are provided to the customer as follows:
- by email
- postal
6) Retention of title
If the seller makes an advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the provisions below, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
7.1 If the customer is acting as a business,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for rights arising from defects is one year from the date of delivery of the goods;
- Rights arising from defects are excluded in the case of second-hand goods;
- the limitation period does not recommence if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortened limitation periods set out above shall not apply
- for claims by the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, when used in accordance with their normal intended purpose in a building, have caused defects in that building,
- regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.
7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is acting as a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.
7.5 If the customer is acting as a consumer, they are asked to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation on any legal grounds
- in the event of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a warranty undertaking, unless otherwise specified in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the customer is acting as a consumer resident in Germany or as a business, the following limitations of liability shall apply:
If the seller negligently breaches an essential contractual obligation, their liability is limited to the foreseeable damage typical for this type of contract, provided they are not liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless he is liable without limitation in accordance with the preceding clause.
8.3 The above provisions regarding liability also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods in accordance with specific customer requirements
9.1 If, under the terms of the contract, the seller is obliged not only to deliver the goods but also to process them in accordance with the customer’s specific instructions, the customer must provide the seller with all content required for such processing – such as texts, images or graphics – in the file formats, formatting, image and file sizes, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and accepts responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they shall ensure that this does not infringe any third-party rights, in particular copyright, trade mark rights and personality rights.
9.2 The customer shall indemnify the seller against any claims by third parties which such third parties may assert against the seller in connection with an infringement of their rights arising from the seller’s use of the customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully and in full with all information necessary for the assessment of the claims and for the defence.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose contravenes statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.
10) Special terms and conditions for repair services
If, under the terms of the contract, the seller is obliged to repair an item belonging to the customer, the following shall apply:
10.1 Repair services shall be carried out at the Seller’s registered office.
10.2 The Seller shall provide its services, at its discretion, either personally or through qualified staff selected by the Seller. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s service description, the Customer shall have no right to select a specific person to carry out the requested service.
10.3 The customer must provide the seller with all information necessary for the repair of the item, provided that, according to the terms of the contract, obtaining such information does not fall within the seller’s scope of obligations. In particular, the customer must provide the seller with a comprehensive description of the fault and inform the seller of all circumstances that may have caused the fault identified.
10.4 Unless otherwise agreed, the customer must send the item requiring repair to the seller’s registered office at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer dispatch the item in suitable transport packaging in order to reduce the risk of damage in transit and to conceal the contents of the packaging. The seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.
10.5 The cost of returning the goods shall be borne by the customer. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover of the goods to a suitable carrier at the seller’s place of business. At the customer’s request, the seller will take out transport insurance for the goods.
10.6 The customer may also deliver the item requiring repair to the seller’s premises themselves and collect it from there, provided this is specified in the seller’s description of services or the parties have reached a corresponding agreement. In this case, the above provisions regarding the bearing of costs and risk in connection with the dispatch and return of the item shall apply mutatis mutandis.
10.7 The above provisions do not limit the customer’s statutory rights in respect of defects in the event of the purchase of goods from the seller.
10.8 The seller shall be liable for defects in the repair work carried out in accordance with the provisions of statutory liability for defects.
11) Redeeming promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before the order process is completed. They cannot be applied retrospectively.
11.4 Multiple promotional vouchers may be redeemed in a single order.
11.5 Where the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.7 The value of a promotional voucher will not be paid out in cash nor will it accrue interest.
11.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of withdrawal.
11.9 The promotional voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
12) Redeeming gift vouchers
12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and any remaining balance on gift vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer’s account until the expiry date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.
12.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
12.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.
12.7 The gift voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
13) Applicable law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
14) Jurisdiction
If the customer is acting as a trader, a legal person under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.
15) Alternative dispute resolution
The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
