General terms and conditions with customer information
1. Scope of validity
1.1 These general terms and conditions (hereinafter referred to as “GTC”) from “André Leinhos”, acting under “IT&E Services” (hereinafter referred to as “seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) with the Seller about the goods offered by the seller in his online shop. The inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, if and unless otherwise expressly regulated.
1.3 Digital content within the meaning of these terms and conditions is to be understood as all data that is not on a physical data carrier that has been produced in digital form and that is provided by the seller in accordance with these terms and conditions.
1.4 These terms and conditions apply accordingly to the purchase of vouchers if and unless otherwise expressly stipulated.
1.5 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.6 An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer submits a binding offer to purchase the goods in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer’s offer through the following possible alternatives:
– Sending a written order confirmation or an order confirmation in text form (fax or email)
– Request for payment to the customer after placing the order
– Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal” or “Paypal Express” 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: “Paypal”). The Paypal user agreement applies here, this can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, to accept the customer’s offer at the time the payment order is issued.
2.5 The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is saved on the seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1 The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If there are additional shipping costs, this can be found in the product description.
3.2 If the delivery is made to non-EU countries, additional duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
3.3 The customer can choose the payment methods that are available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.6 When paying via “PayPal
Direct debit “the collection of the claim is made by PayPal after issuing a
SEPA direct debit mandate and after the deadline for advance information in
Order of the seller from the customer’s bank account. Advance information is the
Announcement by the seller to the customer that his account is via
SEPA direct debit is charged and can, for example, in the form of an invoice
or a contract.
Can the direct debit due
Insufficient funds in your account or due to the specification of an incorrect one
Bank details are not redeemed or the customer objects to the
The customer has the direct debit without being entitled to do so
Chargeback of the respective credit institution to bear the fees incurred,
if he is responsible for this.
Contractual relationship as well as rights and obligations towards the seller and the
The seller remains unaffected by the payment by direct debit.
3.7 When paying by “PayPal installment payment”, the customer concludes an installment payment contract with PayPal. If PayPal allows payment via “PayPal installment payment”, the customer has to pay the invoice amount to PayPal according to the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this type of payment.
4. Delivery and shipping conditions
4.1 The delivery of goods by dispatch takes place to
the delivery address given by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2 If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
4.3 Collection by the customer is not offered.
4.4 Digital content is only made available to the customer in the following electronic form:
- by email
- by download
4.5 Vouchers are given to the customer in the following form:
- by email
- by download
- by post
5. Granting of usage rights for digital content
5.1 Unless otherwise stated in the information provided by the seller in the online shop, the seller grants the customer the non-exclusive, temporally and geographically unlimited right to use the content for private and business purposes.
5.2 Any transfer of the provided content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is prohibited. Different applies if the seller has agreed to a transfer of the license to a third party or a third party.
5.3 The granting of rights is in accordance with § 158 para. 1 BGB only becomes effective after full payment of the remuneration by the customer. The seller can provisionally allow the content to be used before this point in time. A transfer of rights does not take place through such a preliminary permission and can be revoked at any time.
6. Right of withdrawal
6.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
6.2 The seller’s cancellation policy applies to the right of cancellation.
6.3 Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract have no right of withdrawal.
7. Retention of Title
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
8. Liability for defects
8.1 With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
8.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect whatsoever on the customer’s statutory or contractual claims for defects.
The Seller’s liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
9.1 The Seller shall only be liable without limitation for damages that are attributable to intentional or grossly negligent behavior.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller shall also be liable for slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
The seller shall also be liable on the basis of a guarantee promise as regulated above, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
9.2 Liability shall be limited – except in cases of willful or grossly negligent conduct or in cases of damage resulting from injury to life, limb or health and the breach of material contractual obligations (cardinal obligations) – to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
9.3 Any further liability of the seller is excluded.
9.4 The above liability provisions shall also apply mutatis mutandis in favor of the Seller’s employees and vicarious agents.
10. redemption of gift vouchers
10. 1 Vouchers that have been purchased via the seller’s online store (“gift vouchers”) can only be redeemed in the seller’s online store.
10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer’s voucher account until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. There will be no subsequent redemption.
10.4 Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.
10.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
10.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7 Credit balances on gift vouchers are not paid out and do not bear interest.
10.8 The gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.
11. redemption of promotional vouchers
11. 1 Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and that the customer cannot purchase (“promotional vouchers”) can only be redeemed in the seller’s online store and only during the period specified by the seller.
11.2 Individual products may be excluded from the voucher promotion.
The specific restrictions can be found on the campaign voucher.
11.3 Promotional vouchers can only be redeemed before completing the order process. There is no subsequent billing.
11.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
11.5 The value of the goods in the respective order 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 a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out nor interest-bearing.
11.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.9 The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.
12 Applicable law
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
12.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
13. information on online dispute resolution
The EU Commission’s online dispute resolution platform can be found on the Internet at the following link: https://ec.europa.eu/odr
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.