Terms of service

Table of contents

1. Scope of application
2. Conclusion of 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. Special conditions for the processing of goods according to specific specifications of the Customer
10. Special conditions for repair services
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Florian Thiel, trading as “Florian Thiel Customs” (hereinafter “Seller”), apply to all contracts for the delivery of goods which a consumer or trader (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of physical data carriers which serve exclusively as carriers of digital content, unless otherwise provided in this respect. Digital content within the meaning of these GTC is data which is produced and supplied in digital form.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or self-employed professional activity.

1.5 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of his, her or its trade, business or self-employed 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 for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that completes the ordering process.

2.3 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 e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed his 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 Customer has sent the offer 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 consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (hereinafter: “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal which can be selected in the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller does not make the text of the contract accessible in any way beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data are archived on the Seller's website and can be retrieved by the Customer free of charge via his password-protected user account by entering the corresponding login data.

2.6 Before bindingly placing 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 of better identifying input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific choice of languages is displayed in the online shop.

2.8 Order processing is generally carried out automatically by e-mail. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address.

3) Right of withdrawal

3.1 Consumers are, as a rule, entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. As the Seller is a small business (Kleinunternehmer) under § 19 UStG, no VAT is charged. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to 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 be incurred 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 payment option(s) is/are communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which he performs in advance vis-à-vis the Customer (e.g. purchase on account or payment by instalments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of the assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and the sending back of goods following withdrawal, or credit notes.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2. Etage, 1-2 Haddington Road, Dublin 4, D04 XN32, Irland (“Shopify”) The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Shopify may use further payment services to which special payment terms may apply, to which the Customer will be referred separately where applicable. Further information on “Shopify Payments” is available on the internet at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered via the payment service “Apple Pay” is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Irland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. For the processing of payments, Apple may use further payment services to which special payment terms may apply, to which the Customer will be referred separately where applicable. Further information on Apple Pay is available on the internet at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the payment service “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Irland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. For the processing of payments, Google may use further payment services to which special payment terms may apply, to which the Customer will be referred separately where applicable. Further information on Google Pay is available on the internet at https://pay.google.com/intl/de_de/about/.

5) Delivery and shipping conditions

5.1 If the Seller offers shipment of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If 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 with regard to the costs of the outbound shipment if the Customer effectively exercises his right of withdrawal. With regard to the costs of the return shipment, if the Customer effectively exercises his right of withdrawal, the provision made in this respect in the Seller's instructions on withdrawal applies.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or body otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes, as a rule, only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or body otherwise designated to carry out the shipment, if the Customer commissions the forwarding agent, the carrier or the person or body otherwise designated to carry out the shipment with the execution and the Seller has not previously named this person or body to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event that he himself is not supplied correctly or properly by his own suppliers. However, this applies only in the event that the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. 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 without undue delay and the consideration will be refunded without undue delay.

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

5.6 Vouchers are provided to the Customer as follows:

• by download
• by e-mail
• by post

6) Retention of title

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

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the provisions on statutory liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
• in the case of used goods, rights arising from defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of time limits set out above do not apply

• to the Customer's claims for damages and for reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary manner of use and which have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, in the case of traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this has no effect whatsoever 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 claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the Produkthaftungsgesetz (German Product Liability Act).

8.2 If the Customer acts as a consumer domiciled in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, his liability is limited to the foreseeable damage typical for the contract, unless he is liable without limitation in accordance with the preceding clause. Material contractual obligations are obligations which the contract, according to its content, imposes on the Seller in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. Otherwise, liability of the Seller is excluded, unless he is liable without limitation in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific specifications of the Customer

9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller and must grant him the rights of use required for this. The Customer alone is responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he ensures that no third-party rights are infringed thereby, in particular copyrights, trade mark rights and personality rights.

9.2 The Customer indemnifies the Seller against claims of third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer also bears the necessary costs of legal defence, including all court costs and lawyers' fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without undue delay, truthfully and completely with all information required for the examination of the claims and for a defence.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Special conditions for repair services

If, according to the content of the contract, the Seller owes the repair of an item belonging to the Customer, the following applies in this respect:

10.1 Repair services are provided at the Seller's place of business.

10.2 The Seller provides his services, at his discretion, in person or through qualified personnel selected by him. In doing so, the Seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no claim to the selection of a specific person to carry out the requested service.

10.3 The Customer must provide the Seller with all information required for the repair of the item, unless the procurement of such information falls within the Seller's scope of duties according to the content of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the fault and must inform him of all circumstances that may be the cause of the fault identified.

10.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's place of business at his own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. The Seller further recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer without undue delay of any obvious transport damage so that the Customer can assert any rights he may have against the carrier.

10.5 The item is sent back at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable carrier at the Seller's place of business. At the Customer's request, the Seller will take out transport insurance for the item.

10.6 The Customer may also bring the item to be repaired to the Seller's place of business himself and collect it from there again if this is stated in the Seller's service description or if the parties have reached a corresponding agreement on this. In this case, the above provisions on the bearing of costs and risk for the shipment and return shipment of the item apply accordingly.

10.7 The aforementioned provisions do not restrict the Customer's statutory rights arising from defects in the event of the purchase of goods from the Seller.

10.8 The Seller is liable for defects in the repair service provided in accordance with the provisions on statutory liability for defects.

11) Redemption of promotional vouchers

11.1 Vouchers which are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity 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.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

11.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

11.10 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge of, or is grossly negligently unaware of, the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.

12) Redemption of gift vouchers

12.1 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

12.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

12.3 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

12.4 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge of, or is grossly negligently unaware of, the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.

13) Applicable law

13.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only 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.

13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

14) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.