Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Charlie Production GmbH (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 its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise specified.
1.3 A consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from 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, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process after placing the selected items in the virtual shopping cart and going through the electronic ordering process.
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), with the receipt of the order confirmation by the customer being decisive in this respect, or
- by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first.The deadline for accepting the offer starts running the day after the customer sends the offer 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, meaning that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. There will be no further accessibility of the contract text provided by the seller. 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 by the customer free of charge through their password-protected user account by providing the corresponding login details.
2.6 Before placing the order via the seller's online order form, the customer can identify any 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 allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing.The customer must ensure that the email address provided 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 all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal for purchased items.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
4) Prices and payment terms
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 that may arise will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If a payment method offered through the payment service "PayPal" is selected, the payment processing will be done via PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods through PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data.The seller reserves the right to refuse the customer the selected payment method in the event of a negative review result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.
4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com/sofort/ .
4.5 If a payment method offered through the payment service "Shopify Payments" is selected, the payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which possibly special payment terms apply, which the customer may be separately informed about. More information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .
4.6 If a payment method offered through the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna can be found in the seller's payment information, which can be viewed at the following web address:
https://qookie-baby.com/pages/faq
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the seller's withdrawal information applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or a person authorized to receive them. deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any 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-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific coverage transaction with the supplier with the required care. The seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows:
- via email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- 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, the rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.
7.3 The liability limitations and time reductions regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their usual purpose for a building and have caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller about it. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.
8) Redemption of promotional vouchers
8.1 Coupons that are issued by the seller as part of promotional activities with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter "promotional coupons") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotional coupons can only be redeemed by consumers.
8.3 Individual products may be excluded from the coupon promotion if a corresponding restriction arises from the content of the promotional coupon.
8.4 Promotional coupons can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
8.5 Only one promotional coupon can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional coupon. Any remaining balance will not be refunded by the seller.
8.7 If the value of the promotional voucher is not enough to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller can fulfill their obligation to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.
9) Redemption of gift vouchers
9.1 Gift vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
9.4 Multiple gift vouchers can be redeemed in a single order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift 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.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can fulfill their obligation to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of representation authority of the respective holder.
10) Applicable Law
For all legal relationships of 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 insofar as the granted protection is not removed by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is in any case entitled to call upon the court at the customer's location.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Charlie Production GmbH (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 its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise specified.
1.3 A consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from 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, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process after placing the selected items in the virtual shopping cart and going through the electronic ordering process.
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), with the receipt of the order confirmation by the customer being decisive in this respect, or
- by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first.The deadline for accepting the offer starts running the day after the customer sends the offer 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, meaning that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. There will be no further accessibility of the contract text provided by the seller. 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 by the customer free of charge through their password-protected user account by providing the corresponding login details.
2.6 Before placing the order via the seller's online order form, the customer can identify any 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 allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing.The customer must ensure that the email address provided 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 all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal for purchased items.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
4) Prices and payment terms
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 that may arise will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If a payment method offered through the payment service "PayPal" is selected, the payment processing will be done via PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods through PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data.The seller reserves the right to refuse the customer the selected payment method in the event of a negative review result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.
4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com/sofort/ .
4.5 If a payment method offered through the payment service "Shopify Payments" is selected, the payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which possibly special payment terms apply, which the customer may be separately informed about. More information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .
4.6 If a payment method offered through the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna can be found in the seller's payment information, which can be viewed at the following web address:
https://qookie-baby.com/pages/faq
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the seller's withdrawal information applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or a person authorized to receive them. deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any 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-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific coverage transaction with the supplier with the required care. The seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows:
- via email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- 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, the rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.
7.3 The liability limitations and time reductions regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their usual purpose for a building and have caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller about it. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.
8) Redemption of promotional vouchers
8.1 Coupons that are issued by the seller as part of promotional activities with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter "promotional coupons") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotional coupons can only be redeemed by consumers.
8.3 Individual products may be excluded from the coupon promotion if a corresponding restriction arises from the content of the promotional coupon.
8.4 Promotional coupons can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
8.5 Only one promotional coupon can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional coupon. Any remaining balance will not be refunded by the seller.
8.7 If the value of the promotional voucher is not enough to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller can fulfill their obligation to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.
9) Redemption of gift vouchers
9.1 Gift vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
9.4 Multiple gift vouchers can be redeemed in a single order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift 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.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can fulfill their obligation to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of representation authority of the respective holder.
10) Applicable Law
For all legal relationships of 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 insofar as the granted protection is not removed by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is in any case entitled to call upon the court at the customer's location.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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