Terms of service

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. Liability

  9. Special Conditions for the Processing of Goods According to Specific Customer Specifications

  10. Special Conditions for Repair Services

  11. Redemption of Promotional Vouchers

  12. Redemption of Gift Vouchers

  13. Applicable Law

  14. Place of Jurisdiction

  15. Code of Conduct

  16. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Gusti Leder GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via 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, 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 selects a PayPal payment method available 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 order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the order has been submitted. No further access to the contract text is provided by the Seller. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login details.

2.6 efore submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

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, when using spam filters, the Customer must 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

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not members of the European Union and whose sole residence and delivery address are outside the EU.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply 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 money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even 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 available payment method(s) are communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is 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 via Shopify Payments are communicated to the Customer in the Seller’s online shop. For processing payments, Stripe may use other payment services, for which special payment conditions may apply and about which the Customer may be informed separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the handling of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller’s withdrawal policy shall apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or 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 shall generally pass to the Customer only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other designated person or institution 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 shall only apply in the event that the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

  • via download

  • via email

  • via post

6) Retention of Title

The Seller retains ownership of the delivered goods until full payment has been made.

7) Liability for Defects (Warranty)

Statutory liability rules apply unless otherwise stated, with specific provisions for entrepreneurs and consumers, including limitation periods and exclusions.

Unless otherwise stated in the following provisions, the statutory regulations on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller shall have the choice of the type of subsequent performance;

  • for new goods, the limitation period for defect claims shall be one year from delivery of the goods;

  • for used goods, defect claims shall be excluded;

  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods subject to the limitation in the following clause: the limitation period for defect claims shall be one year from delivery of the goods, provided that this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above limitations of liability and reductions of limitation periods shall not apply:

  • to claims for damages and reimbursement of expenses by the Customer;

  • in the event that the Seller has fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;

  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall 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 duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds:

  • in cases of intent or gross negligence;

  • in cases of intentional or negligent injury to life, body, or health;

  • on the basis of a guarantee, unless otherwise specified in this regard;

  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations which, by their content, are essential for achieving the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific requirements of the Customer, the Customer shall provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the Seller, and shall grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for obtaining such content and acquiring the rights thereto. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

9.2 The Customer shall indemnify the Seller against any claims asserted by third parties against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. The Customer shall also bear the necessary costs of legal defense, including all court and legal fees in the statutory amount. This shall 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 promptly, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or public morals. This applies in particular in the case of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, 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 shall apply:

10.1 Repair services shall be performed at the Seller’s place of business.

10.2 The Seller shall perform its services at its discretion either personally or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the Customer has no right to select a specific person to perform the requested service.

10.3 The Customer shall provide the Seller with all information necessary for the repair of the item, unless the procurement of such information falls within the Seller’s obligations under the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the fault and inform the Seller of all circumstances that may have caused the identified defect.

10.4 Unless otherwise agreed, the Customer shall send the item to be repaired to the Seller’s place of business at their own cost and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller 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 package. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer may assert any rights against the carrier.

10.5 The return shipment of the item shall be at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item shall pass to the Customer upon handover of the item to a suitable transport person at the Seller’s place of business. At the Customer’s request, the Seller shall take out transport insurance for the item.

10.6 The above provisions shall not limit the Customer’s statutory defect rights in the event of purchasing goods from the Seller.

10.7 The Seller shall be liable for defects in the repair service provided in accordance with the statutory provisions on liability for defects.

11) Redemption of Promotional Vouchers

11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only within the specified period.

11.2 Promotional vouchers may only be redeemed by consumers.

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

11.4 Promotional vouchers may only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.5 Multiple promotional vouchers may be redeemed in a single order.

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

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

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

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

11.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

12) Redemption of Gift Vouchers

12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

12.2 Gift vouchers and any remaining balance are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the Customer until the expiry date.

12.3 Gift vouchers may only be redeemed before completing the order process. Subsequent offsetting is not possible.

12.4 Gift vouchers may only be used for the purchase of goods and not for the purchase of additional gift vouchers.

12.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

12.6 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.

12.7 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

13) Applicable Law

13.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13.2 Furthermore, this choice of law regarding the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at that time.

14) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.

15) Code of Conduct

The Seller has committed to the “Google Customer Reviews” guidelines, which can be viewed online at: https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086

16) Alternative Dispute Resolution

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

 

Please note that this is a translation of our German Terms and Conditions.