Terms of service
1) Scope
1.1 These General Terms and Conditions ("GTC") of Susanne Frühauf, trading as "HYBRIDPUNKBERLIN" ("Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur ("Customer") with the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 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 in nature.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated in the Seller's online shop. Having placed the selected goods in the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the cart by clicking the button that concludes the ordering process. The Customer may also submit the offer by email or telephone.
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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has placed the order.
Where several of the above alternatives apply, the contract is concluded at the time one of the above alternatives first occurs. The acceptance period begins on the day after the Customer submits the offer and ends on the expiry of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 Where a PayPal payment method 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 Luxembourg ("PayPal"), subject to the PayPal Terms of Use available at https://www.paypal.com/en/legalhub/paypal/useragreement-full or — if the Customer does not have a PayPal account — subject to the conditions for payments without a PayPal account available at https://www.paypal.com/en/legalhub/paypal/privacywax-full. Where the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the ordering process.
2.5 Where an order is placed via the Seller's online order form, the Seller will store the contract text after conclusion of the contract and transmit it to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. The Seller will not make the contract text accessible beyond this. Where the Customer has created a user account in the Seller's online shop prior to submitting their order, the order data will be 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 Prior to submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser's zoom function, which enlarges the display on screen, may be an effective technical means of better identifying input errors. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact generally take place by 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 that address. In particular, where spam filters are used, 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.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, prices stated are total prices. No VAT is charged as the Seller is exempt from VAT as a small business owner (Kleinunternehmer). Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that 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 or taxes (e.g. customs duties). Such costs in relation to money transfers may also arise even if delivery is not to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 Where payment by bank transfer in advance has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 Where a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For processing payments, Stripe may use additional payment services for which special payment terms may apply, of which the Customer will be notified separately if applicable. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-en.
5) Delivery and Shipping Terms
5.1 Where the Seller offers shipment of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the outward shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of effective exercise of the right of withdrawal, the provision in the Seller's withdrawal policy applies.
5.3 Where the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. Where the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer only upon handover of the goods to the Customer or an authorised recipient. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers at the time the Seller delivers the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or institution to carry out the shipment and the Seller has not previously named that 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 attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. 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 immediately and the consideration refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
6) Retention of Title
Where the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Defect Liability (Warranty)
Unless otherwise provided by the following provisions, the statutory provisions on defect liability apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 Where the Customer acts as an entrepreneur:
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defect claims for new goods is one year from delivery of the goods;
- defect claims are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made within the scope of defect liability.
7.2 The above limitations of liability and reductions in limitation periods do not apply:
- to claims by the Customer for damages and reimbursement of expenses;
- where the Seller has fraudulently concealed the defect;
- to goods that have been used in accordance with their normal purpose for a building 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.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 Where the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.
7.5 Where the Customer acts as a consumer, they are requested to report obvious transport damage to goods upon delivery and to notify the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual defect claims.
8) Liability
The Seller is 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 is liable without limitation for any legal reason in the event of:
- intent or gross negligence;
- intentional or negligent injury to life, body or health;
- a guarantee, unless otherwise regulated in this regard;
- mandatory liability such as under the Product Liability Act.
8.2 Where the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the above provisions. Material contractual obligations are obligations that the contract imposes on the Seller by its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible 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 also apply with regard to the Seller's liability for their vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller within the framework of promotional campaigns with a specific validity period that cannot be purchased by the Customer ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided a corresponding restriction is indicated in the content of the Promotional Voucher.
9.4 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.5 Only one Promotional Voucher can be redeemed per order.
9.6 Where the Promotional Voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
9.7 Where the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
9.8 The balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.
9.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.10 The Promotional Voucher is intended solely 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.
10) Applicable Law
10.1 All legal relations between the parties are governed by the law of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12) Packaging Compliance (France)
The Seller is registered with the French extended producer responsibility (EPR) system for household packaging in France via the approved compliance scheme Citeo. Citeo – Unique Identification Number (UIN): FR475022_01LNAK