Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Promotional Vouchers

10. Redemption of Gift Vouchers

11. Applicable Law

12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Philipp Böbs, trading under the name “Philipp Böbs” (hereinafter referred to as the “Seller”), shall apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller in relation to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 For the purposes of these GTC, a “consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.

1.4 For the purposes of these GTC, a “business customer” means a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

• by sending the Customer written confirmation of the order or confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer shall be decisive; or

• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer shall be decisive; or

• by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs.

The period for accepting the offer begins on the day following the day on which the Customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, 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 shall be 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 PayPal’s Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.

If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing shall be carried out 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, available at https://pay.amazon.de/help/201751590.

If the Customer selects “Amazon Payments” as the payment method during the online ordering process, the Customer simultaneously issues a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an order is placed using the Seller’s online order form, the Seller shall store the contract text after conclusion of the contract and send it to the Customer in text form (e.g. by email, fax, or letter) after the Customer has submitted the order. The Seller shall not make the contract text accessible in any other way.

If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer through their password-protected user account using the relevant login credentials.

2.7 Before submitting a binding order using the Seller’s online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. One effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen.

The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.9 Order processing and communication generally take place automatically by email. 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.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not resident in a Member State of the European Union and whose sole place of residence and delivery address are both outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices and include statutory VAT. Any additional delivery and shipping costs shall be specified 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 the Seller is not responsible and which must be borne by the Customer. These include, for example, fees charged by financial institutions for transferring money (e.g. bank transfer fees or currency exchange fees) or import duties and taxes (e.g. customs duties).

Such costs relating to the transfer of money may also arise 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 method(s) available to the Customer shall be communicated in the Seller’s online shop.

4.4 If a payment method offered through the payment service “Shopify Payments” is selected, payment processing shall be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter “Shopify”).

The individual payment methods offered through Shopify Payments shall be communicated to the Customer in the Seller’s online shop. Shopify may use additional payment service providers to process payments, in which case separate payment terms may apply. The Customer shall be informed separately of any such terms where applicable.

Further information about Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered through the payment service “Apple Pay” is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (hereinafter “Apple”).

The individual payment methods offered through Apple Pay shall be communicated to the Customer in the Seller’s online shop. Apple may use additional payment service providers to process payments, in which case separate payment terms may apply. The Customer shall be informed separately of any such terms where applicable.

Further information about Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered through the payment service “Google Pay” is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland (hereinafter “Google”).

The individual payment methods offered through Google Pay shall be communicated to the Customer in the Seller’s online shop. Google may use additional payment service providers to process payments, in which case separate payment terms may apply. The Customer shall be informed separately of any such terms where applicable.

Further information about Google Pay is available at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of 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 during the Seller’s order processing shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This shall not apply to the costs of initial shipment if the Customer effectively exercises their statutory right of withdrawal. In the event of an effective withdrawal, the rules set out in the Seller’s withdrawal policy shall apply to return shipping costs.

5.3 If the Customer acts as a business customer, the risk of accidental loss of or accidental damage to the sold goods shall pass to the Customer as soon as the Seller hands the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss of or accidental damage to the sold goods shall generally pass to the Customer only when the goods are handed over to the Customer or a person authorized to receive them.

By way of exception, even in the case of consumers, this risk shall pass to the Customer as soon as the Seller hands the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that the Customer has independently commissioned that person or institution to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer residing in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.

However, this shall apply only if the failure to deliver is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods.

If the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already paid shall be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

- By email.

6) Retention of Title

If the Seller makes advance delivery, the Seller shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as a business customer:

• The Seller shall have the right to choose the type of subsequent performance required to remedy the defect.

• For new goods, the limitation period for claims relating to defects shall be one year from delivery of the goods.

• Claims relating to defects in used goods shall be excluded.

• The limitation period shall not restart if replacement delivery takes place as part of the Seller’s liability for defects.

7.2 If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods, subject to the limitation set out below:

The limitation period for claims relating to defects shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties in the contract and the Customer was specifically informed of the reduction of the limitation period before submitting their contractual declaration.

7.3 The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages or reimbursement of expenses by the Customer;

• if the Seller fraudulently concealed the defect;

• to goods that have been used, in accordance with their usual purpose, for a building and have caused the building to be defective;

• to any obligation the Seller may have to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery service and inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual claims relating to defects.

8) Liability

The Seller shall be liable to the Customer for claims for damages and reimbursement of expenses arising from contractual, contract-like, and statutory obligations, including tort claims, as follows:

8.1 The Seller shall have unlimited liability on any legal basis:

• in cases of intent or gross negligence;

• in cases of intentional or negligent injury to life, body, or health;

• under any guarantee given, unless otherwise stipulated in that guarantee;

• under mandatory statutory liability, such as liability under the German Product Liability Act.

8.2 If the Customer is a consumer residing in Germany or a business customer, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless the Seller is subject to unlimited liability under the preceding clause.

Material contractual obligations are obligations that the contract imposes on the Seller, according to its content, to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

In all other cases, the Seller’s liability shall be excluded unless the Seller is subject to unlimited liability under the preceding clause.

8.3 The above liability provisions shall also apply to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified period of validity, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may be redeemed only in the Seller’s online shop and only within the specified period.

9.2 Individual products may be excluded from a voucher promotion if such a restriction is stated in the terms of the Promotional Voucher.

9.3 Promotional Vouchers may only be redeemed before the order process is completed. Subsequent offsetting or application of a voucher is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 If the Promotional Voucher relates to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the value of the voucher. Any remaining balance shall not be refunded by the Seller.

9.6 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 pay the difference.

9.7 The balance of a Promotional Voucher shall not be paid out in cash and shall not accrue interest.

9.8 The Promotional Voucher shall not be refunded if the Customer returns goods paid for wholly or partially with the Promotional Voucher under their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by providing the relevant benefit to the holder who redeems the Promotional Voucher in the Seller’s online shop.

This shall not apply if the Seller knows, or is grossly negligent in failing to know, that the holder is not entitled to use the voucher, lacks legal capacity, or lacks the authority to act on behalf of the entitled person.

10) Redemption of Gift Vouchers

10.1 Gift vouchers may only be redeemed before the order process is completed. Subsequent offsetting or application of a voucher is not possible.

10.2 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 pay the difference.

10.3 The balance of a Gift Voucher shall not be paid out in cash and shall not accrue interest.

10.4 The Gift Voucher is intended solely for use by the person named on it. Transferring the Gift Voucher to third parties is prohibited.

The Seller shall be entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Applicable Law

11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time the contract is concluded, are not resident in a Member State of the European Union and whose sole place of residence and delivery address are both outside the European Union at the time the contract is concluded.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.