Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Warranty (Liability for Defects)
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
9. Special Conditions for Installation/Assembly Services
10. Special Conditions for Repair Services
11. Redemption of Promotional Vouchers
12. Redemption of Gift Vouchers
13. Applicable Law
14. Jurisdiction
15. Code of Conduct
16. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of VON SCHÜTZ c/o HOOSA GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller concerning the goods displayed by the Seller in its online shop. Any inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply correspondingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activities.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activities when concluding a legal transaction.

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 as a basis for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via 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 contract offer regarding the goods in the shopping cart by clicking the button that finalizes 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 a confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
• Delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
• Requesting payment from the Customer after the Customer has placed the order.

If multiple of the aforementioned alternatives apply, the contract is concluded at the moment one of these alternatives occurs first. The period for accepting the offer begins the day after the Customer sends the offer 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 considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing occurs through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with the PayPal Terms of Use, available at PayPal User Agreement (https://www.paypal.com/en/webapps/mpp/ua/useragreement-full) or – if the Customer does not have a PayPal account – in accordance with the conditions for payments without a PayPal account, available at PayPal Privacy and Terms (https://www.paypal.com/en/webapps/mpp/ua/privacywax-full). If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that finalizes the ordering process.

2.5 When selecting the payment method “Amazon Payments,” the payment processing occurs through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the Amazon Payments Europe Terms of Use, available at Amazon Payments Terms (https://payments.amazon.de/help/201751590). If the Customer selects “Amazon Payments” as the payment method during the online ordering process, they simultaneously grant Amazon a payment order by clicking the button that finalizes the ordering process. In this case, the Seller declares acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that finalizes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has placed the order. The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller’s online shop before placing the order, the order data are archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the appropriate login data.

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

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

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this 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 for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller’s withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the listed prices are total prices that include the statutory VAT. Any additional delivery and shipping costs will be separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases, which the Seller is not responsible for and which the Customer must bear. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also apply regarding money transfers even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

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

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

4.5 When selecting the payment method “SOFORT,” the payment processing occurs through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the Customer must have an online banking account enabled for participation in “SOFORT,” authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is carried out by “SOFORT” immediately thereafter, and the Customer’s bank account is debited. Further information about the “SOFORT” payment method can be accessed online at SOFORT (https://www.klarna.com/sofort/).

4.6 When selecting a payment method offered by the payment service “Stripe,” the payment processing occurs through 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 by Stripe are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services, for which specific payment conditions may apply, and the Customer may be separately informed about these. Further information about Stripe can be accessed online at Stripe (https://stripe.com/).

4.7 When selecting the payment method “Invoice Purchase,” the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days from receipt of the invoice without any deductions, unless otherwise agreed. The Seller reserves the right to offer the payment method “Invoice Purchase” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop. Furthermore, the Seller reserves the right to conduct a credit check when selecting the payment method “Invoice Purchase” and to reject this payment method in case of a negative credit check.

4.8 When selecting the payment method “Invoice Purchase,” the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days from receipt of the invoice without any deductions, unless otherwise agreed. The Seller reserves the right to offer the payment method “Invoice Purchase” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop.

4.9 When selecting the payment method “Invoice Purchase,” the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method “Invoice Purchase” requires a successful credit check by Klarna AB. If the Customer is granted the payment method “Invoice Purchase” after the credit check, the payment processing is carried out in collaboration with Klarna AB, to which the Seller assigns their payment claim. In this case, the Customer can make payments only to Klarna AB with debt-releasing effect. Furthermore, the General Terms and Conditions of Klarna AB, which the Customer can access during the ordering process, apply. The Seller reserves the right to offer the payment method “Invoice Purchase” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop.

4.10 When selecting the payment method “PayPal Invoice,” the Seller assigns their payment claim to PayPal. Before accepting the Seller’s assignment declaration, PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the payment method “PayPal Invoice” to the Customer in the event of a negative credit check result. If the payment method “PayPal Invoice” is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days from receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the Customer can only make payments to PayPal with debt-releasing effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credits, even in the case of claim assignment. Additionally, the General Terms and Conditions for the use of invoice purchase by PayPal, available at PayPal Terms (https://www.paypal.com/en/webapps/mpp/ua/pui-terms), apply.

4.11 When selecting the payment method “PayPal Direct Debit,” PayPal debits the invoice amount from the Customer’s bank account after the SEPA direct debit mandate is granted, but not before the end of the pre-notification period on behalf of the Seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or because of an incorrect bank account number, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred by the respective credit institution due to the return debit, provided they are responsible for it.

4.12 When selecting the payment method “Direct Debit via Stripe,” the payment processing occurs through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). In this case, Stripe debits the invoice amount from the Customer’s bank account after the SEPA direct debit mandate is granted, but not before the end of the pre-notification period on behalf of the Seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or because of an incorrect bank account number, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred by the respective credit institution due to the return debit, provided they are responsible for it. The Seller reserves the right to conduct a credit check when selecting the payment method SEPA Direct Debit and to reject this payment method in case of a negative credit check.

4.13 When selecting the payment method “Credit Card via Stripe,” the invoice amount is due immediately upon conclusion of the contract. The payment processing occurs through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.

4.14 When selecting a payment method offered by the payment service “Klarna,” the payment processing occurs through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the conditions for Klarna can be viewed here:
https://vonschutz.com/payment/

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery will occur within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 For goods delivered by freight forwarder, delivery occurs “free curbside,” meaning up to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to costs for sending back if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation in the Seller’s withdrawal instructions applies if the Customer effectively exercises their right of withdrawal.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer once the Seller has delivered the goods to the freight forwarder, carrier, or other person or entity designated for the execution of the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally transfers to the Customer only upon delivery of the goods to the Customer or an authorized person. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also transfers to the Customer when the Seller has delivered the goods to the freight forwarder, carrier, or other person or entity designated for the execution of the shipment, provided that the Customer has commissioned the freight forwarder, carrier, or other person or entity designated for the execution of the shipment and the Seller has not previously named this person or entity to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and if the Seller has concluded a specific coverage agreement with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.6 If the Seller offers the goods for pickup, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.

5.7 Vouchers will be provided to the Customer as follows:

• By mail

6) Retention of Title

If the Seller makes an advance payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.

7) Warranty (Liability for Defects)

7.1 Unless otherwise provided in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:

• If the Customer acts as an entrepreneur, the Seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• For used goods, rights and claims due to defects are excluded;
• The limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods do not apply:

• To the Customer’s claims for damages and reimbursement of expenses,
• In cases where the Seller has fraudulently concealed the defect,
• For goods that have been used in accordance with their usual purpose in a building and have caused its defectiveness,
• For 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 entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (Commercial Code), they are subject to the merchant’s obligation to examine and notify (§ 377 HGB). If the Customer fails to fulfill these notification duties, the goods are considered approved.

7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery person and inform the Seller thereof. If the Customer does not comply, this has no effect on their statutory or contractual defect claims.

8) Special Conditions for the Processing of Goods According to Specific Customer Requirements

8.1 If the Seller is obliged under the contract to process the goods according to specific customer requirements in addition to delivering the goods, the Customer must provide the Seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the necessary usage rights for this. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that they have the right to use the contents provided to the Seller. They ensure in particular that no third-party rights are violated, especially copyright, trademark, and personality rights.

8.2 The Customer indemnifies the Seller against claims from third parties that may arise in connection with a violation of their rights through the contractually compliant use of the Customer’s contents by the Seller. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller with all information necessary for the examination of the claims and defense in the event of third-party claims promptly, truthfully, and completely.

8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or regulatory prohibitions or offend good morals. This particularly applies to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying contents.

9) Special Conditions for Installation/Assembly Services

If the Seller is obliged under the contract to perform installation or assembly of the goods at the Customer’s premises as well as any necessary preparatory measures (e.g., measuring), the following applies:

9.1 The Seller performs their services at their discretion personally or through qualified personnel selected by them. The Seller may also use third-party services (subcontractors) acting on their behalf. Unless otherwise stated in the Seller’s service description, the Customer has no claim to the selection of a specific person for the desired service.

9.2 The Customer must provide the Seller with all necessary information required for the performance of the owed service completely and truthfully, provided that the procurement of these is not part of the Seller’s obligations under the contract.

9.3 After concluding the contract, the Seller will contact the Customer to arrange an appointment for the owed service. The Customer ensures that the Seller or the personnel commissioned by them have access to the relevant facilities of the Customer at the agreed appointment.

9.4 The risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer only upon completion of the installation work and handover to the Customer.

10) Special Conditions for Repair Services

If the Seller is obliged under the contract to repair a Customer’s item, the following applies:

10.1 Repair services are provided at the Seller’s premises.

10.2 The Seller performs their services at their discretion personally or through qualified personnel selected by them. The Seller may also use third-party services (subcontractors) acting on their behalf. Unless otherwise stated in the Seller’s service description, the Customer has no claim to the selection of a specific person for the desired service.

10.3 The Customer must provide the Seller with all necessary information required for the repair of the item, provided that the procurement of these is not part of the Seller’s obligations under the contract. In particular, the Customer must provide the Seller with a comprehensive error description and inform them of all circumstances that may have caused the identified error.

10.4 Unless otherwise agreed, the Customer must send the item to be repaired at their own cost and risk to the Seller’s premises. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer sends the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer of any obvious transport damage immediately so that the Customer can assert their rights against the carrier if applicable.

10.5 The return shipment of the item occurs at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item transfers to the Customer upon handing over the item to a suitable transport person at the Seller’s business premises. Upon the Customer’s request, the Seller will arrange transport insurance for the item.

10.6 The Customer can also personally deliver the item to be repaired to the Seller’s premises and pick it up again if this is provided for in the Seller’s service description or if the parties have made a corresponding agreement. In this case, the aforementioned regulations on cost and risk allocation for shipping and return shipping of the item apply accordingly.

10.7 The above regulations do not limit the Customer’s statutory defect rights in the event of purchasing goods from the Seller.

10.8 For defects in the provided repair service, the Seller is liable in accordance with the provisions of statutory liability for defects.

11) Redemption of Promotional Vouchers

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

11.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the Promotional Voucher.

11.3 Promotional Vouchers can only be redeemed before completing the ordering process. Retroactive settlement is not possible.

11.4 Only one Promotional Voucher can be redeemed per order.

11.5 The value of the goods must at least match 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 remaining payment methods offered by the Seller can be chosen to cover the difference.

11.7 The credit of a Promotional Voucher will neither be paid out in cash nor accrue interest.

11.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within their statutory right of withdrawal.

11.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. However, the Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

12) Redemption of Gift Vouchers

12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

12.2 Gift Vouchers and remaining credit from Gift Vouchers are redeemable until the end of the third year after the year of purchase of the voucher. Remaining credit is credited to the Customer until the expiration date.

12.3 Gift Vouchers can only be redeemed before completing the ordering process. Retroactive settlement is not possible.

12.4 Only one Gift Voucher can be redeemed per order.

12.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

12.6 If the value of the Gift Voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller can be chosen to cover the difference.

12.7 The credit of a Gift Voucher will neither be paid out in cash nor accrue interest.

12.8 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. However, the Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

13) 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 insofar as the protection granted is not removed by mandatory provisions of the law of the state where the consumer has their habitual residence.

14) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or public law special fund 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 business location of the Seller. If the Customer has their seat outside the territory of the Federal Republic of Germany, the business location of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activities. However, in the aforementioned cases, the Seller is entitled in any case to invoke the court at the Customer’s place of business.

15) Code of Conduct

• The Seller has submitted to the participation conditions for the eCommerce initiative “Fairness in Trade,” which can be viewed online at Fairness in Trade Participation Conditions (https://www.fairness-im-handel.de/teilnahmebedingungen/).

16) Alternative Dispute Resolution

16.1 The EU Commission provides an online platform for online dispute resolution at the following link: EU Online Dispute Resolution Platform (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 involving a consumer.

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