Terms and Conditions with Customer Information
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. Liability
9. Special Conditions for the Processing of Goods According to the Customer’s Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Stergios Patronas, trading under “Stergios Patronas” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (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 also apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
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 exercise of their trade, business, or profession.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 e-mail), in which case receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives occur, the contract is concluded at the time the first of these alternatives occurs. The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that is selectable during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.
2.5 If the Customer selects the “Amazon Payments” payment method, payment processing is carried out by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” during the online order process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process.
2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted the order. The Seller does not make the contract text accessible beyond this.
2.7 Before submitting the binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s magnification function. The Customer can correct entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the ordering process.
2.8 The contract language is German.
2.9 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned with order processing can be delivered.
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the Seller’s withdrawal policy.
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service provider “PayPal” is selected, payment processing is carried out via PayPal, which may in turn use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller advances performance to the Customer (e.g., purchase on account or installment purchase), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider appointed by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider appointed by PayPal performs a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made with debt-discharging effect to PayPal or the payment service provider appointed by PayPal. Notwithstanding the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and returns, or credit notes.
4.5 If the “SOFORT” payment method is selected, payment processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To be able to pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for participation in “SOFORT”, authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately by “SOFORT” and the Customer’s bank account is debited. Further information about “SOFORT” can be found at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.
4.7 If the payment method “Credit card via Stripe” is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5.1 If the Seller offers shipping of the goods, delivery is 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 handling the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises the right of withdrawal. With regard to the return shipping costs in the event of effective exercise of the right of withdrawal by the Customer, the regulation made in the Seller’s withdrawal policy applies.
5.3 If the Customer is 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 carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person entitled to receive them. By way of deviation, even in the case of consumers, the risk passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder or other person or institution 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-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by download
- by e-mail
If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.
Unless otherwise provided below, the statutory provisions on liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:
7.1 If the Customer is an entrepreneur:
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, defect rights are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer is a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for defect claims is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting the contractual declaration.
7.3 The above limitations of liability and shortening of the limitation period do not apply:
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their usual use and which 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, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.5 If the Customer is a merchant within the meaning of Section 1 HGB (German Commercial Code), they are subject to the commercial duty to examine and to give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds:
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, typical contractual damage, unless liability is unlimited pursuant to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9.1 If, under the terms of the contract, the Seller is obliged, in addition to delivering the goods, to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required 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 rights of use for this purpose. Procurement and acquisition of rights to such content is the Customer’s sole responsibility. The Customer represents and assumes responsibility that they have the right to use the content provided to the Seller. In particular, the Customer shall ensure that no rights of third parties are infringed, especially copyrights, trademarks and personal rights.
9.2 The Customer shall indemnify the Seller against claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the use of the Customer’s content in accordance with the contract. In this regard, the Customer shall also assume the necessary costs of legal defense, including all court and attorney’s fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or official prohibitions or public decency. This applies in particular in the case of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent set-off is not possible.
10.4 Only one Promotional Voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit of a Promotional Voucher will neither be paid out in cash nor bear interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under the statutory right of withdrawal.
10.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11.1 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.
11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
11.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent set-off is not possible.
11.4 Only one Gift Voucher can be redeemed per order.
11.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.
11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
11.7 The credit of a Gift Voucher will neither be paid out in cash nor bear interest.
11.8 The Gift Voucher is transferable. The Seller may render performance 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 lack of authorization, incapacity or lack of representative authority of the respective holder.
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, to the exclusion of the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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