General Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope

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. Redemption of Promotional Vouchers

9. Redemption of Gift Vouchers

10. Applicable Law

11. Place of Jurisdiction

12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Epiqoo GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard 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 expressly otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

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

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop 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 shop. 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 regarding the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by telephone, email, or using the online contact form.

2.3 The Seller may 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 email), whereby the receipt of the order confirmation by the Customer is decisive;

• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive;

• or requesting payment from the Customer after they have placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the alternatives occurs first. The acceptance period begins the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the offer’s submission. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment process is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under the terms of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is saved by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be 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 credentials.

2.6 Before submitting a binding 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 of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that SPAM filters do not block any emails sent by the Seller or by third parties commissioned by the Seller to process the order.

3) Right of Withdrawal

3.1 Consumers are generally entitled to 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 Terms

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

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also arise if the delivery is not made to a country outside the EU, but the payment is initiated from outside the EU.

4.3 The payment methods available to the Customer are communicated in the Seller’s online shop.

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

4.5 If a payment method offered via the “PayPal” service is selected, the payment will be processed by PayPal, which may use third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller makes an advance payment (e.g. purchase on account or installment purchase), they assign their payment claim to PayPal or to the payment service provider named by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the designated payment provider conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in case of a negative result. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment term. In such cases, payment can only be made to PayPal or its authorized payment provider with discharging effect. However, the Seller remains responsible for general customer inquiries (e.g. regarding goods, delivery times, returns, complaints, withdrawal declarations, and refunds) even if the claim has been assigned.

4.6 If the payment method “SOFORT” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To use this method, the Customer must have an online banking account activated for SOFORT, authenticate themselves during the payment process, and confirm the payment order to SOFORT. The transaction is then immediately executed and the Customer’s bank account is debited. More information is available at: https://www.klarna.com/sofort/

4.7 If a payment method offered via “Klarna” is selected, the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and Klarna’s terms can be found in the Seller’s payment information section or at: https://www.klarna.com/de

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will 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 in the Seller’s order processing is decisive for the transaction. If the PayPal payment method is selected, the delivery address stored with PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is made “curbside,” i.e., to the nearest public curbside to the delivery address, unless otherwise stated in the Seller’s shipping information or otherwise agreed.

5.3 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the rules in the Seller’s withdrawal policy apply.

5.4 If the Customer acts as an entrepreneur, 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 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 and accidental deterioration of the sold goods passes only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk passes to the Customer, even as a consumer, once the Seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution to perform the shipment and the Seller did not previously name this person or institution 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 only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. If the goods are not available or only partially available, the Customer will be informed immediately, and any payment already made will be refunded immediately.

5.6 If the Seller offers collection of goods, the Customer may collect the ordered goods during the business hours specified by the Seller at the address provided. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides goods in advance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 Unless otherwise specified below, the statutory provisions on liability for defects apply. The following provisions apply to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur:

• the Seller has the choice of the type of subsequent performance;

• the limitation period for defects in new goods is one year from delivery of the goods;

• rights and claims due to defects in used goods are excluded;

• the limitation period does not begin anew if a replacement delivery is made under defect liability.

7.3 The above limitations and reductions of periods do not apply:

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

• if the Seller has fraudulently concealed the defect;

• to goods that have been used for a building in accordance with their normal use and have caused its defectiveness;

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

7.4 Furthermore, for entrepreneurs, statutory limitation periods for any statutory recourse claims remain unaffected.

7.5 If the Customer is 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 comply with the notification obligations specified therein, the goods shall be deemed approved.

7.6 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the delivery agent and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual warranty rights.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller within the framework of promotions and with a specific validity period (hereinafter "promotional vouchers") and which cannot be purchased by the Customer, may 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 restriction results from the content of the promotional voucher.

8.4 Promotional vouchers must be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

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

8.7 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 chosen to pay the difference.

8.8 The value of a promotional voucher will not be paid out in cash and will not accrue interest.

8.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the voucher under their statutory right of withdrawal.

8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of authorization, incapacity, or lack of power of representation.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

9.3 Gift vouchers must be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers may 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 insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the Seller.

9.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of authorization, incapacity, or lack of power of representation.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s place of business is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. However, the Seller shall also be entitled in all cases to bring an action at the Customer’s place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution (ODR) at the following link:
https://ec.europa.eu/consumers/odr

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

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