AGB

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Reservation of Ownership
  7. Warranty
  8. Redemption of Promotional Vouchers
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Philipp Umscheid, trading as “Anhedna” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business entity (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

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

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.4 A business entity within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the course of its commercial or self-employed professional activity when concluding a legal transaction.

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 seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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 in this respect
  • or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive
  • or by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the 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 use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses 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 concludes the ordering process.

2.5 The Seller stores the text of the contract after the contract is concluded and sends the Customer the contract text in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge using their password-protected user account.

2.6 Before bindingly submitting the order using the Seller’s online order form, the Customer can identify and correct input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which enlarges the screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that they can receive emails sent by the Seller to this address. In particular, the Customer must ensure that, when using spam filters, all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Right now they don´t include value-added tax, because I haven´t exceded the tax-free profit yet. Any additional delivery and shipping costs will be separately stated 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, which the Seller is not responsible for 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, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery does not take place in a country outside the European Union and the Customer makes the payment from a country outside the European Union.

4.3 The payment options available to the Customer will be communicated in the Seller’s online shop.

4.4 If payment is agreed by prepayment via bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered by “Shopify Payments,” the payment processing is carried out by 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 shop. Stripe may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately informed. Further information on “Shopify Payments” can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting a payment method offered by “Klarna,” the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”).

5) Delivery and Shipping Conditions

5.1 If the Seller offers to deliver the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the initial dispatch if the Customer effectively exercises their right of withdrawal. The provisions of the Seller’s cancellation policy apply to the return costs if the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. However, deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the 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 self-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a concrete covering transaction with due diligence. The Seller will make all reasonable efforts to obtain the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

  • by email
  • by post

6) Reservation of Proprietary Rights

If the Seller makes advance payments, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Warranty

Unless otherwise stipulated in the following provisions, the statutory warranty provisions apply. However, for contracts for the delivery of goods, the following deviations apply:

7.1 If the Customer acts as a business entity,

  • the seller has the choice of the type of subsequent performance
  • the limitaion period for defects in new goods is one year from the delivery of the goods
  • rights and claims for defects in used goods are excluded
  • the limitation period does not restart if a replacement delivery is made as part of the warranty

7.2 The liability limitations and shortening of the limitation period specified above do not apply

  • to 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 in accordance with their usual use for a building and have caused its defectiveness
  • to any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to fulfill the notification obligations specified there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to notify the Seller of this. If the Customer does not comply with this, it has no effect on their statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotional activities with a specific validity period and issued free of charge, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Promotional Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the conclusion of the order process. A subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.8 The balance of a promotional voucher will not be paid out in cash or interest.

8.9 The promotional voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased through 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 residual balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Any remaining balance will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the conclusion of the order process. A subsequent offsetting is not possible.

9.4 Several gift vouchers can be redeemed in one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash or interest.

9.8 The gift voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.

10) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale 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 state in which the consumer has his habitual residence.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

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

Status: 27.11.2023, 22:15:13