Gen­er­al Terms and Con­di­tions

Table of Con­tents

1. Scope of Appli­ca­tion
2. Con­clu­sion of the Con­tract
3. Right to Can­cel
4. Prices and Pay­ment Con­di­tions
5. Ship­ment and Deliv­ery Con­di­tions
6. Reser­va­tion of Pro­pri­etary Rights
7. War­ran­ty
8. Lia­bil­i­ty
9. Applic­a­ble Law
10. Alter­na­tive dis­pute res­o­lu­tion

1) Scope of Appli­ca­tion

1.1 These Gen­er­al Terms and Con­di­tions (here­inafter referred to as “GTC”) of the com­pa­ny Sebas­t­ian Zwick­er
watts and grams (here­inafter referred to as “Sell­er”) shall apply to all con­tracts con­clud­ed between a con­sumer or a trad­er (here­inafter referred to as “Client”) and the Sell­er relat­ing to all goods and/or ser­vices pre­sent­ed in the Sell­er’s online shop. The inclu­sion of the Client’s own con­di­tions is here­with object­ed to, unless oth­er terms have been stip­u­lat­ed.

1.2 A con­sumer pur­suant to these GTC is any nat­ur­al per­son con­clud­ing a legal trans­ac­tion for a pur­pose attrib­uted nei­ther to a main­ly com­mer­cial nor a self-employed occu­pa­tion­al activ­i­ty.

1.3 A trad­er pur­suant to 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 the Con­tract

2.1 The prod­uct descrip­tions in the Seller’s online shop do not con­sti­tute bind­ing offers on the part of the Sell­er, but mere­ly serve the pur­pose of sub­mit­ting a bind­ing offer by the Client.

2.2 The Client may sub­mit the offer via the online order form inte­grat­ed into the Sell­er’s online shop. In doing so, after hav­ing placed the select­ed goods and/or ser­vices in the vir­tu­al bas­ket and passed through the order­ing process, and by click­ing the but­ton final­iz­ing the order process, the Client sub­mits a legal­ly bind­ing offer of con­tract with regard to the goods and/or ser­vices con­tained in the shop­ping cart.

2.3 The Sell­er may accept the Client’s offer with­in five days,

• by trans­fer­ring a writ­ten order con­fir­ma­tion or an order con­fir­ma­tion in writ­ten form (fax or e‑mail); inso­far receipt of order con­fir­ma­tion by the Client is deci­sive, or
• by deliv­er­ing ordered goods to the Client; inso­far receipt of goods by the Client is deci­sive, or
• by request­ing the Client to pay after he placed his order.

Pro­vid­ed that sev­er­al of the afore­men­tioned alter­na­tives apply, the con­tract shall be con­clud­ed at the time when one of the afore­men­tioned alter­na­tives first­ly occurs. Should the Sell­er not accept the Client’s offer with­in the afore­men­tioned peri­od of time, this shall be deemed as reject­ing the offer with the effect that the Client is no longer bound by his state­ment of intent.

2.4 If a pay­ment method offered by Pay­Pal is select­ed, the pay­ment will be processed by the 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 “Pay­Pal”), sub­ject to the Pay­Pal Terms of Use, avail­able at https://www.paypal.com/de/webapps/mpp/ua/user­a­gree­ment-full?locale.x=en_DE or, if the Client does not have a Pay­Pal account, sub­ject to the Terms for pay­ments with­out a Pay­Pal account, avail­able at https://www.paypal.com/uk/webapps/mpp/ua/pri­va­cy­wax-full. If the Client pays by means of a method of pay­ment offered by Pay­Pal which can be select­ed in the online order process, the Sell­er here­by declares the accep­tance of the Clien­t’s offer at the time when the Client clicks on the but­ton con­clud­ing the order process.

2.5 When sub­mit­ting an offer via the Sell­er’s online order form, the text of the con­tract is stored by the Sell­er after the con­tract has been con­clud­ed and trans­mit­ted to the Client in text form (e.g. e‑mail, fax or let­ter) after the order has been sent. The Sell­er shall not make the con­tract text acces­si­ble beyond this.

2.6 Pri­or to sub­mit­ting a bind­ing order via the Seller’s online order form, the Client may rec­og­nize input errors by read­ing atten­tive­ly the infor­ma­tion dis­played on the screen. The enlarge­ment func­tion of the brows­er to enlarge the dis­play on the screen may be an effec­tive method for bet­ter rec­og­niz­ing input errors.
The Client can cor­rect all the data entered via the usu­al key­board and mouse func­tion dur­ing the elec­tron­ic order­ing process, until he clicks the but­ton final­iz­ing the order­ing process.

2.7 The Ger­man and the Eng­lish lan­guage are exclu­sive­ly avail­able for the con­clu­sion of the con­tract.

2.8 Order pro­cess­ing and con­tact­ing usu­al­ly takes place via e‑mail and auto­mat­ed order pro­cess­ing. It is the Client’s respon­si­bil­i­ty to ensure that the e‑mail address he pro­vides for the order pro­cess­ing is accu­rate so that e‑mails sent by the Sell­er can be received at this address. In par­tic­u­lar, it is the Client‘s respon­si­bil­i­ty, if SPAM fil­ters are used, to ensure that all e‑mails sent by the Sell­er or by third par­ties com­mis­sioned by the Sell­er with the order pro­cess­ing can be deliv­ered.

3) Right to Can­cel

3.1 Con­sumers are enti­tled to the right to can­cel.

3.2 Detailed infor­ma­tion about the right to can­cel are pro­vid­ed in the Seller’s instruc­tion on can­cel­la­tion.

4) Prices and Pay­ment Con­di­tions

4.1 Unless oth­er­wise stat­ed in the Seller’s prod­uct descrip­tion, prices indi­cat­ed are total prices includ­ing the statu­to­ry sales tax. Deliv­ery costs, where appro­pri­ate, will be indi­cat­ed sep­a­rate­ly in the respec­tive prod­uct descrip­tion

4.2 Pay­ment can be made using one of the meth­ods men­tioned in the Seller’s online shop .

4.3 If a pay­ment method offered via the pay­ment ser­vice “mol­lie” is select­ed, the pay­ment trans­ac­tion is processed via the pay­ment ser­vice provider Mol­lie B.V., Keiz­ers­gracht 313, 1016 EE Ams­ter­dam, The Nether­lands (here­inafter referred to as “mol­lie”). The indi­vid­ual pay­ment meth­ods offered via mol­lie are com­mu­ni­cat­ed to the Client in the online shop of the Sell­er. For the pro­cess­ing of pay­ments, mol­lie may make use of oth­er pay­ment ser­vices, for which spe­cial pay­ment con­di­tions may apply, which the Client will be informed about sep­a­rate­ly if nec­es­sary. Fur­ther infor­ma­tion about “mol­lie” is avail­able on the Inter­net at https://www.mollie.com/en/privacy

5) Ship­ment and Deliv­ery Con­di­tions

5.1 If the Sell­er offers to ship the goods, deliv­ery shall be made with­in the deliv­ery area spec­i­fied by the Sell­er to the deliv­ery address spec­i­fied by the Client unless oth­er­wise agreed. When pro­cess­ing the trans­ac­tion, the deliv­ery address spec­i­fied in the Sell­er’s order pro­cess­ing shall be deci­sive. Devi­at­ing from this, if the pay­ment method Pay­Pal is select­ed, the deliv­ery address deposit­ed by the Client with Pay­Pal at the time of pay­ment shall be deci­sive.

5.2 Should the assigned trans­port com­pa­ny return the goods to the Sell­er, because deliv­ery to the Client was not pos­si­ble, the Client bears the costs for the unsuc­cess­ful dis­patch. This shall not apply, if the Client exer­cis­es his right to can­cel effec­tive­ly, if the deliv­ery can­not be made due to cir­cum­stances beyond the Clien­t’s con­trol or if he has been tem­porar­i­ly imped­ed to receive the offered ser­vice, unless the Sell­er has noti­fied the Client about the ser­vice for a rea­son­able time in advance.

5.3 Should the Client col­lect the goods him­self, the Sell­er informs the Client by e‑mail that the goods are avail­able for col­lec­tion. After receiv­ing the e‑mail, the Client may col­lect the goods in con­sul­ta­tion with the Sell­er at the Sell­er’s place of busi­ness. In this case ship­ment costs will not be charged.

5.4 The Sell­er reserves the right to with­draw from the con­tract in the event of incor­rect or improp­er self-sup­ply. This only applies if the Sell­er is not respon­si­ble for the non-sup­ply and if he has con­clud­ed a con­crete hedg­ing trans­ac­tion with the sup­pli­er. The Sell­er shall make all rea­son­able efforts to obtain the goods. In case of non-avail­abil­i­ty or par­tial avail­abil­i­ty of the goods he shall inform the Client and grant him imme­di­ate­ly coun­ter­per­for­mance.

6) Reser­va­tion of Pro­pri­etary Rights

If the Sell­er pro­vides advance deliv­er­ies, he retains title of own­er­ship to the deliv­ered goods, until the pur­chase price owed has been paid in full.

7) War­ran­ty

7.1 Unless oth­er­wise stip­u­lat­ed , the pro­vi­sions of the statu­to­ry lia­bil­i­ty for defects shall apply. Devi­at­ing there­from, the fol­low­ing shall apply to con­tracts for the deliv­ery of goods:

7.2 If the Client acts as trad­er

• the Sell­er may choose the type of sub­se­quent per­for­mance,
• for new goods, the lim­i­ta­tion peri­od for claims for defects shall be one year from deliv­ery of the goods,
• for used goods, the rights and claims for defects are exclud­ed,
• the lim­i­ta­tion peri­od shall not recom­mence if a replace­ment deliv­ery is made with­in the scope of lia­bil­i­ty for defects.

7.3 The above-men­tioned lim­i­ta­tions of lia­bil­i­ty and short­en­ing of the peri­od of lim­i­ta­tion do not apply

• to claims for dam­ages and reim­burse­ment of expens­es of the Client,
• if the Sell­er has fraud­u­lent­ly con­cealed the defect,
• for goods which have been used in accor­dance with their cus­tom­ary use for a build­ing and which have caused its defec­tive­ness,
• for any exist­ing oblig­a­tion of the Sell­er to pro­vide updates for dig­i­tal prod­ucts with respect to con­tracts for the sup­ply of goods with dig­i­tal ele­ments.

7.4 Fur­ther­more, for traders, the statu­to­ry lim­i­ta­tion peri­ods for any statu­to­ry right of recourse that may exist shall remain unaf­fect­ed.

7.5 If the Client is a busi­nessper­son pur­suant to sec­tion 1 of the Ger­man Com­mer­cial Code (HGB) he has the com­mer­cial duty to exam­ine the goods and noti­fy the Sell­er of defects pur­suant to sec­tion 377 HGB. Should the Client neglect the oblig­a­tions of dis­clo­sure spec­i­fied there­in, the goods shall be deemed approved.

7.6 If the Client acts as a con­sumer, the for­ward­ing agent has to be imme­di­ate­ly noti­fied of any obvi­ous trans­port dam­ages and the Sell­er has to be informed accord­ing­ly. Should the Client fail to com­ply there­with, this shall not affect his statu­to­ry or con­trac­tu­al claims for defects.

8) Lia­bil­i­ty

The Sell­er is liable to the Client for all con­trac­tu­al, qua­si-con­trac­tu­al and legal, includ­ing tor­tious claims for dam­ages and reim­burse­ment of expens­es as fol­lows:

8.1 The Sell­er is liable with­out lim­i­ta­tion for any legal rea­son

• in the event of intent or gross neg­li­gence,
• in the event of inten­tion­al or neg­li­gent injury to life, body or health,
• due to a guar­an­tee promise, unless oth­er­wise reg­u­lat­ed in this regard,
• due to manda­to­ry lia­bil­i­ty such as under the Ger­man Prod­uct Lia­bil­i­ty Act (Pro­duk­thaf­tungs­ge­setz).

8.2 If the Sell­er neg­li­gent­ly breach­es a mate­r­i­al con­trac­tu­al oblig­a­tion, lia­bil­i­ty is lim­it­ed to the dam­age that is typ­i­cal for the con­tract and fore­see­able, unless unlim­it­ed lia­bil­i­ty applies in accor­dance with the above para­graph. Mate­r­i­al con­trac­tu­al oblig­a­tions are oblig­a­tions that the con­tract impos­es on the Sell­er in accor­dance with its con­tent in order to achieve the pur­pose of the con­tract, the ful­fill­ment of which makes the prop­er exe­cu­tion of the con­tract pos­si­ble in the first place and on whose com­pli­ance the Client can reg­u­lar­ly rely.

8.3 Oth­er­wise, lia­bil­i­ty on the part of the Sell­er is exclud­ed.

8.4 The above lia­bil­i­ty pro­vi­sions also apply with regard to the lia­bil­i­ty of the Sell­er for his vic­ar­i­ous agents and legal rep­re­sen­ta­tives.

9) Applic­a­ble Law

The law of the Fed­er­al Repub­lic of Ger­many shall apply to all legal rela­tion­ships between the par­ties under exclu­sion of the laws gov­ern­ing the inter­na­tion­al pur­chase of mov­able goods. For con­sumers, this choice of law only applies to the extent that the grant­ed pro­tec­tion is not with­drawn by manda­to­ry pro­vi­sions of the law of the coun­try, in which the con­sumer has his habit­u­al res­i­dence.

10) Alter­na­tive dis­pute res­o­lu­tion

10.1 The EU Com­mis­sion pro­vides on its web­site the fol­low­ing link to the ODR plat­form: https://ec.europa.eu/consumers/odr.

This plat­form shall be a point of entry for out-of-court res­o­lu­tions of dis­putes aris­ing from online sales and ser­vice con­tracts con­clud­ed between con­sumers and traders.

10.2 The Sell­er is nei­ther oblig­ed nor pre­pared to attend a dis­pute set­tle­ment pro­ce­dure before an alter­na­tive dis­pute res­o­lu­tion enti­ty.