General terms and conditions with customer information
- Prices and payment terms
- Delivery and shipping conditions
- Liability (warranty)
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Electric traffic Urban ease UG (hereinafter referred to as "Sellers") shall apply to all contracts for the supply of goods, which a consumer or trader (hereinafter referred to as the customer) concludes with the seller in respect of the goods presented by the seller in his online shop. This contradicts the inclusion of the customer's own conditions unless otherwise agreed.
1.2For the purposes of this Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes which cannot be attributed to his or her professional or self-employed activities. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a legal person who, when entering into a legal activity, acts in the exercise of his professional or self-employed activity.
2) Contract conclusion
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller but serve to make a binding offer by the customer.
2.2The 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 going through the electronic ordering process, the customer shall: by clicking on the button closing the order process a legally binding contract offer regarding the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by telephone, email or online contact form to the seller.
2.3The seller can accept the customer's offer within five days,
- by submitting to the customer a written order confirmation or a text order confirmation (fax or e-mail), in so far as access to the order confirmation is relevant to the customer; or
- by supplying the ordered goods to the customer, in so far as the access of the goods to the customer is relevant; or
- by requesting the customer to pay upon delivery of his order.
Where several of the abovementioned alternatives exist, the contract shall be concluded at the time when one of the abovementioned alternatives occurs first. The time limit for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
2.4PayPal Express PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal) is the payment service provider of PayPal (Europe), available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer chooses PayPal Express as a payment method in the context of the online order process, he will also issue a payment order to PayPal by clicking the button that completes the order process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button closing the order process.
2.5When selecting the payment method "Amazon Payments", the payment is made via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (Amazon), under the Amazon Payments Europe Utilization Agreement, available under https://payments.amazon.de/help/201751590. If the customer chooses Amazon Payments as a payment method in the context of the online order process, he also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button closing the order process.
2.6When submitting an offer via the seller's online order form, the contract text is stored by the seller and, after sending his order to the customer, in text form (e.g. B E-mail, fax or letter) sent. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account with the corresponding login data provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7Before placing 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 detection of input errors can be the browser enlargement function, which increases the display on the screen. As part of the electronic ordering process, the customer can correct his input using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8The German and English languages are available for the conclusion of the contract.
2.9As a rule, order processing and contacting take place by e-mail and automated order processing. The customer shall ensure that the e-mail address specified by him for order processing 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 the third party in charge of order processing can be sent.
3) Right of withdrawal
3.1In principle, consumers have a right of withdrawal.
3.2Further information on the right of withdrawal can be obtained from the seller's statement of withdrawal.
4) Prices and payment terms
4.1"8201;unless otherwise stated in the seller's product description, the quoted prices are total prices containing the statutory turnover tax. Where applicable, additional delivery and shipping costs shall be specified separately in the relevant product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases which the seller does not have to represent and which the customer has to bear. These include, for example, costs of transfer of funds by credit institutions (e.g. transfer fees, exchange rate charges) or import duties, or Taxes (e.g. duties). Such costs may 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.
4.3The payment option(s) will be notified to the customer in the seller's online shop.
4.4If advance payment is agreed by bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5Payment by PayPal is made through PayPal (Europe) S.A.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal), under the terms and conditions of use of PayPal. available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6In selecting the payment method SOFORT, the payment service provider SOFORT GmbH, Theresienhighe 12, 80339 Munich (hereinafter SOFORT) will handle the payment. In order to be able to pay the invoice via SOFORT, the customer must have an online banking account with PIN/TAN procedures freely operated for participation in SOFORT, duly legitimise himself during the payment process and confirm the payment instructions to SOFORT. The payment transaction is then executed by SOFORT and debited to the bank account of the customer. More information on the SOFORT payment method can be found on the Internet at: https://www.klarna.com/sofort/ call.
5) Delivery and dispatch conditions
5.1The delivery of goods shall be effected by dispatch to the address of delivery specified by the customer, unless otherwise agreed. The address of delivery indicated in the seller's order processing shall be decisive for the settlement of the transaction.
5.2If the carrier returns the goods dispatched to the seller because delivery to the customer was not possible, the customer shall bear the cost of the unsuccessful shipment. This shall not apply if the customer did not represent the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had given him notice of the service in advance. Furthermore, this does not apply with regard to the costs of the shipment, if the customer exercises his right of withdrawal effectively. For the costs of the return, if the customer exercises the right of withdrawal effectively, the rules adopted in the seller's statement of withdrawal apply to this effect.
5.3In case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready to be picked up. Upon receipt of this e-mail, the customer may pick up the goods in agreement with the seller at the seller's seat. In this case, no shipping costs are charged.
6) Reservation of title
If the seller enters into a supply, he retains ownership of the delivered goods until the full payment of the purchase price due.
7) Liability for defects (warranty)
7.1If the goods are defective, the rules of legal liability apply.
7.2The customer is asked to report delivered goods with obvious transport damage to the supplier and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Applicable law
All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only in so far as the protection granted is not deprived by mandatory provisions of the law of the State in which the consumer is habitually resident.
9) Place of jurisdiction
If the customer acts as a merchant, a legal person governed by public law or a special property governed by public law established in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction shall be the place of business of the seller for all disputes arising from this contract. Where the customer has his registered office outside the territory of the Federal Republic of Germany, the seat of the seller shall be the exclusive place of jurisdiction for all disputes arising out of this contract where the contract or claims arising out of the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is entitled in any event to call the court at the seat of the customer.
10) Alternative dispute resolution
10.1The EU Commission provides an online dispute resolution platform on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2The seller is neither obliged nor willing to take part in a dispute settlement procedure before a consumer settlement body.