General terms and conditions of business
General Terms and Conditions with Customer Information ———————————————————-
Table of Contents —————— 1. Scope 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Payment Conditions 5. Delivery and Shipping Conditions 6. Retention of Title 7. Liability for Defects (Warranty) 8. Liability 9. Redemption of Gift Vouchers 10. Applicable Law 11. Alternative Dispute Resolution
1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Michael Wiese, trading under "Full-Circle" (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 excluded, unless otherwise agreed. 1.2 These GTC apply accordingly to contracts for the delivery of goods presented in the Seller's print catalog, unless expressly agreed otherwise. 1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise. 1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 When ordering goods presented in the Seller's print catalog, the Customer can submit their offer to the Seller by telephone, fax, email, or post. To do so, the Customer can fill out the order form enclosed with the Seller's print catalog and return it to the Seller. 2.4 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 receipt of the order confirmation by the customer is decisive, or – by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or – by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, 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 on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data. 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 for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the order process. 2.7 German and English are available for the conclusion of the contract. 2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
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.
4) Prices and payment terms 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise are stated 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 must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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 customer will be informed of the payment option(s) in the seller's online shop. 4.4 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. 4.5 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification ("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 funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being authorized to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. 4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG will debit the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer submits the order in the online shop. Even if credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.
5) Delivery and Shipping Conditions 5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. 5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to return shipping costs. 5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as 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 is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, 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, provided that the customer has commissioned the freight forwarder, carrier, 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-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 For self-collection, the Seller will first inform the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer can collect the goods from the Seller's premises after consultation with the Seller. In this case, no shipping costs will be charged. 5.6 Vouchers will be provided to the Customer as follows: – by email – by post
6) Retention of Title 6.1 With regard to consumers, the seller reserves title to the delivered goods until full payment of the purchase price owed. 6.2 With regard to entrepreneurs, the seller reserves title to the delivered goods until full settlement of all claims arising from an ongoing business relationship. 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 were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty) If the purchased item is defective, the statutory liability for defects applies. The following applies with derogation: 7.1 If the customer is a business owner, – 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 generally excluded; – the limitation period does not restart if a replacement is delivered within the scope of liability for defects. 7.2 If the customer is a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only becomes apparent after one year from 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 shortening of deadlines regulated in the above sections do not apply – to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness, – to the customer's claims for damages and reimbursement of expenses, and – in the event that the seller has fraudulently concealed the defect. 7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 445b of the German Civil Code (BGB) remain unaffected. 7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved. 7.6 If the customer acts as a consumer, they are requested to complain to the deliverer about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this will have no effect on his statutory or contractual claims for defects.
8) Liability The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows: 8.1 The seller is liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, limb or health, - due to 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 a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the above paragraph. Material contractual obligations are obligations which the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. 8.3 Otherwise, the seller's liability is excluded. 8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
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 in the voucher. 9.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer by the expiration date. 9.3 Gift vouchers can only 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 can only be used to purchase goods and not to purchase additional gift vouchers. 9.6 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 selected to settle the difference. 9.7 The balance on a gift voucher will not be paid out in cash and will not bear interest. 9.8 The gift voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the seller.
10) Applicable Law: All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
11) Alternative Dispute Resolution 11.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 sales or service contracts involving a consumer. 11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.