Terms of service

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

8. Applicable law

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Design61 GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of 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 make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods and/or services contained 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, fax, email or post.

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 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 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. 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 the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, the seller declares, in deviation from section 2.3, that it accepts the customer's offer at the time when the customer initiates the payment process by clicking the button that completes the order process.

2.5 The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth day following the sending of the offer.

2.6 When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.

2.7 Before the binding order is placed via the seller's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard and mouse functions.

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

2.9 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that SPAM filters are used.

tern to 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

Consumers generally have a right of withdrawal. 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 offer, the prices stated are final prices that include statutory sales tax. 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 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).

4.3 The customer has various payment options available, which are stated in the seller's online shop.

4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract.

4.5 If the payment method delivery on account is selected, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method delivery on account is selected and to reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects

The statutory liability for defects applies.

8) Applicable law

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

1 Applies to deliveries to the following country: Germany. For delivery times for other countries and information on calculating the delivery date, see here: Delivery and payment conditions
2 incl. VAT.