Terms of service

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General terms and conditions with customer information

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contents

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1. Scope

2. Conclusion of the contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Retention of Title

7. Liability for defects (warranty)

8. Liability

9. Redemption of campaign vouchers

10. Applicable Law

11. Place of jurisdiction

12. Code of Conduct

13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of EightyFive Shop GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller with regard to the seller's in completes the goods displayed in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not represent 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 using the online order form integrated in 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 contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone or email.

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 email), whereby the customer's receipt of the order confirmation is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. 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 is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7 Before the binding submission of the order via the online order form of the seller, 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 enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the 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 the order processing can be delivered.

3) right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds 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 has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.

4.5 If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer the "PayPal invoice" payment method in the event of a negative test result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has specified a different payment term. In this case, he can only pay to PayPal with a debt-discharging effect. However, even in the case of the assignment of claims, the seller remains responsible for general customer inquiries e.g. B. on goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credit notes. In addition, the General Terms of Use for the use of purchase on account from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method "PayPal direct debit" is selected, PayPal will collect the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the advance information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to incorrect bank details being given, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address given in the online order form is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of cancellation effectively, the provisions made in the seller's cancellation policy apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed 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-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of title

6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:

7.1 If the customer acts as an entrepreneur,

- the seller has the choice of the type of supplementary performance;

- In the case of new goods, the limitation period for defects is one year from delivery of the goods;

- In the case of used goods, the rights and claims due to defects are fundamentally excluded;

- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3 The limitations of liability and shortened deadlines set out in the preceding paragraphs do not apply

- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,

- for claims for damages and reimbursement of expenses by the customer, as well as

- in the event that the seller has fraudulently concealed the defect.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification requirements stipulated there, the goods are considered approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller has unlimited liability for any legal reason

- in the event of willful intent or gross negligence,

- in the event of willful or negligent injury to life, body or health,

- on the basis of a guarantee promise, unless otherwise regulated in this regard,

- due to 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 damage typical for the contract, unless unlimited liability is assumed in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.

8.3 Any other liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Redemption of campaign vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that 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.

9.2 Promotion vouchers can only be redeemed by consumers.

9.3 Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the campaign voucher.

9.4 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

9.5 Only one campaign voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.

9.9 The campaign voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.10 The campaign voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law 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 seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

12) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

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

13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.