AGB

<h1>General Terms and Conditions with Customer Information</h1> <h2>Table of Contents</h2> <ol> <li>Scope of Application</li> <li>Conclusion of Contract</li> <li>Right of Withdrawal</li> <li>Prices and Payment Conditions</li> <li>Delivery and Shipping Conditions</li> <li>Retention of Title</li> <li>Defect Liability (Warranty)</li> <li>Redemption of Promotional Vouchers</li> <li>Applicable Law</li> <li>Alternative Dispute Resolution</li> </ol> <h2>1) Scope of Application</h2> 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Nebelin GbR (hereinafter referred to as the "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 conditions is hereby objected to unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can be predominantly attributed neither to their commercial nor their self-employed professional activity. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. <h2>2) Conclusion of Contract</h2> 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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. In doing so, 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 respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email. 2.3 The Seller can accept the Customer's offer within five days by <ul> <li>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</li> <li>delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or</li> <li>requesting payment from the Customer after submitting their order.</li> </ul> If several of the aforementioned alternatives are available, the contract is concluded when 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 with the expiration 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 considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent. 2.4 In the case of selecting a payment method offered by PayPal, the 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 Luxembourg (hereinafter referred to as "PayPal"), subject to PayPal's terms of use, available at <a href="https://www.paypal.com/de/webapps/mpp/ua/useragreement-full" target="_blank">https://www.paypal.com/de/webapps/mpp/ua/useragreement-full</a> or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, available at <a href="https://www.paypal.com/de/webapps/mpp/ua/privacywax-full" target="_blank">https://www.paypal.com/de/webapps/mpp/ua/privacywax-full</a>. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process. 2.5 In the case of choosing the payment method "Amazon Payments," the payment is processed via the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at <a href="https://payments.amazon.de/help/201751590" target="_blank">https://payments.amazon.de/help/201751590</a>. If the Customer chooses "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares the acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process. 2.6 When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted their order. Beyond that, the Seller does not make the contract text accessible. 2.7 Before bindingly submitting 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 for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click 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 communication take place primarily via email and automated order processing. The Customer must ensure that the email address provided by them 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, when using spam filters, all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered. <h2>3) Right of Withdrawal</h2> 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. <h2>4) Prices and Payment Conditions</h2> 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 4.2 The payment options will be communicated to the Customer in the Seller's online shop. 4.3 In the case of choosing a payment method offered via "Shopify Payments," the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately notified. Further information on "Shopify Payments" can be found on the Internet at <a href="https://www.shopify.com/legal/terms-payments-de" target="_blank">https://www.shopify.com/legal/terms-payments-de</a>. <h2>5) Delivery and Shipping Conditions</h2> 5.1 If the Seller offers the shipment of the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. However, in the case of selecting the PayPal payment method, the delivery address stored by the Customer at the time of payment via PayPal is decisive. 5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions made in the Seller's cancellation policy apply in the event of an effective exercise of the right of withdrawal by the Customer. 5.3 If the Customer acts as a businessperson, the risk of accidental loss and accidental deterioration of the sold item passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold item generally only passes to the Customer upon handover of the item to the Customer or a person entitled to receive it. Deviating from this, the risk of accidental loss and accidental deterioration of the sold item also passes to the Customer as a consumer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise 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 in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with the necessary care. 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 reimbursed without delay. 5.5 Self-collection is not possible for logistical reasons. <h2>6) Retention of Title</h2> If the Seller has made an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full. <h2>7) Defect Liability (Warranty)</h2> 7.1 Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. However, for contracts for the delivery of goods, the following applies: 7.2 If the Customer is a businessperson, <ul> <li>the Seller has the choice of the type of subsequent performance;</li> <li>for new goods, the limitation period for defects is one year from the delivery of the goods;</li> <li>for used goods, the rights and claims for defects are excluded;</li> <li>the limitation period does not start anew if a replacement delivery is made as part of the liability for defects.</li> </ul> 7.3 The liability restrictions and shortened periods do not apply <ul> <li>to claims for damages and reimbursement of expenses by the Customer,</li> <li>in the event of fraudulent concealment of the defect by the Seller,</li> <li>for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,</li> <li>for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.</li> </ul> 7.4 Furthermore, the statutory limitation periods for a possible statutory right of recourse by the Customer as a businessperson remain unaffected. 7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to examine and give notice of defects under Section 377 of the HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are considered approved. 7.6 If the Customer is a consumer, they are asked to report obvious transport damage to the forwarder and to inform the Seller accordingly. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.

<h2>8) Redemption of Promotional Vouchers</h2>

8.1 Vouchers issued free of charge by the Seller as part of promotions, with a specific validity period and not available for purchase by the customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 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.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The credit of a Promotional Voucher will not be paid out in cash or earn interest.

8.8 The Promotional Voucher will not be refunded if the customer returns the goods paid for, in whole or in part, with the Promotional Voucher under their statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller can discharge its obligations to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller is aware of or grossly negligent about the non-authorization, incapacity, or lack of authorization of the respective holder.

<h2>9) Applicable Law</h2>

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

<h2>10) Alternative Dispute Resolution</h2>

10.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: <a href="https://ec.europa.eu/consumers/odr" target="_blank">https://ec.europa.eu/consumers/odr</a>

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

10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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