Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment conditions
- Delivery and shipping conditions
- Contract duration and termination in subscription contracts
- Retention of title
- Liability for defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Patrick Slaby, acting under "Piemont-Express" (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 conditions is hereby contradicted, unless something else is agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stated.
1.3 These terms and conditions apply accordingly to contracts for the delivery of tickets, unless expressly stated otherwise. These terms and conditions only govern the sale of tickets for specific events described in detail in the seller's item description and do not cover the execution of these events. The execution of the events is exclusively subject to the legal provisions between the participant and the organizer, as well as any differing conditions of the organizer. If the seller is not also the organizer, they are not liable for the proper execution of the event, for which only the respective organizer is responsible.
1.4 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 their independent professional activity.
1.5 Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.6 The subject of the contract may – depending on the seller's product description – be both the purchase of goods through a one-time delivery as well as the purchase of goods through a continuous delivery (hereinafter "subscription contract"). In the case of the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals.
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 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 completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer by email, via the online contact form, by mail, or by telephone to the seller.
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, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to make payment after placing their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at 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, 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"), in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is submitted. No further accessibility of the contract text by the seller takes place. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.
2.6 Before the binding submission of 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 to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him 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 by the seller with order processing can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that they have reached the legally required minimum age.
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.
3.3 The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified 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 the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment 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 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out through PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where he advances payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, 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. For the processing of payments, Stripe may use further payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com
4.7 If a payment method offered via the payment service "Unzer" is selected, the payment processing is carried out by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer are communicated to the customer in the seller's online shop. For the processing of payments, Unzer may use the services of third-party payment service providers, for which special payment conditions may apply, to which the customer may be separately informed. Further information about "Unzer" is available on the internet at https://www.unzer.com
4.8 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice without deduction, 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 the payment information in the online shop.
4.9 If the payment method SEPA direct debit is selected, the invoice amount is due after granting a SEPA direct debit mandate, but not before the deadline for the advance notification of payment has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the advance notification has expired. Advance notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the customer objects to the debit although not entitled to do so, the customer must bear the fees incurred by the reversal of the respective credit institution if the customer is responsible for this.
4.10 When selecting the payment method "PayPal Direct Debit," PayPal collects the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the deadline for the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the customer objects to the debit although not entitled to do so, the customer must bear the fees incurred by the respective credit institution due to the chargeback if the customer is responsible for this.
4.11 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will take place 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 execution of the transaction.
5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e., to the nearest public curbside at the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
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 carrier, freight forwarder, 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 generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers 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.
5.5 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 specific cover transaction with the supplier with due diligence. 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 immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the customer can collect the ordered goods at the address specified by the seller during the business hours indicated by the seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
- by download
- by e-mail
- by post
5.8 Tickets will be provided to the customer as follows:
- by download
- by e-mail
- by post
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of any month.
6.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, taking into account all circumstances of the individual case and weighing both parties' interests, the continuation of the contractual relationship until the agreed termination or until the expiration of a notice period cannot be reasonably expected from the terminating party.
6.3 Terminations must be made in writing or in text form (e.g., by email).
7) Retention of title
If the seller advances payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.
8) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the provisions of statutory warranty law apply. Deviating from this, in contracts for the delivery of goods:
8.1 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 start anew if a replacement delivery is made within the scope of the warranty for defects.
8.2 The liability limitations and time reductions regulated above do not apply
- for claims of the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any possible obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.
8.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
8.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.
9) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:
9.1 The seller is liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in accordance with the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.
9.3 Otherwise, the seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific 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 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.4 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.7 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.
10.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.9 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the promotional voucher within their statutory right of withdrawal.
10.10 The promotional voucher is intended only 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) Redemption of gift vouchers
11.1 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 specified on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
11.4 Multiple gift vouchers can also be redeemed in a single order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 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.
11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
11.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
12) Applicable Law
12.1 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 withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.
13.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.