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Terms of service

 

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. Special conditions for processing goods according to specific customer specifications
  9. Redemption of promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable Law
  12. Place of Jurisdiction
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of the Shop Force GmbH (hereinafter "Seller") applies 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 their online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

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

1.3 A consumer within the meaning of these General Terms and Conditions (GTC) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity 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 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 regarding the goods contained in the shopping cart by clicking the button that completes the 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period for the offer begins the day after the customer submits the offer and ends at the end 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 considered a rejection of the offer, meaning 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 by 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"), in accordance with 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 - under 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 selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), in accordance with the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is 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 is submitted. The seller does not provide any further access to the contract text. If the customer has created 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 via their password-protected user account using the corresponding login data.

2.7 Before 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 the screen. An effective technical tool to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. 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 order process.

2.8 Only the German language is available for concluding the contract.

2.9 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 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 can be found in the seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of the contract conclusion and whose sole residence and delivery address at the time of the contract conclusion are outside the European Union.

3.4 If the customer refuses to accept the delivery without having previously explicitly declared the withdrawal, we reserve the right to charge a flat processing fee of €10. This fee covers the costs incurred for the outbound shipping, return transport, and internal processing in the warehouse (e.g., goods inspection, restocking, and system effort). The refund of the purchase amount will be made – provided the goods arrive undamaged – minus this flat fee.

3.5 Information for customers from Switzerland

Please note: The German right of withdrawal does not automatically apply to orders from Switzerland. However, we voluntarily offer you a 30-day return policy.
The costs for a return from Switzerland must be borne by the buyer. Please note that returns should always be marked with the label "Return Goods" to avoid unnecessary customs fees. Unfortunately, we cannot accept unpaid returns.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. This includes, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in 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) will be communicated to the customer in the seller's online shop.

4.4 When selecting the payment method "SOFORT," the payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account that is enabled 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 charged. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com/sofort/.

4.5 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is handled 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. For payment processing, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The 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 referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.

4.7 If a payment method offered via 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 is available at the following internet address:

https://little-amai.de/zahlungsarten

5) Delivery and Shipping Conditions

5.1 The delivery of goods is made via shipping 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 transaction. Deviating from this, in the case of selecting the payment method PayPal, the delivery address stored by the customer at PayPal at the time of payment 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 if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation set out in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

- via email

5.5  When shipping to Switzerland, additional costs such as import duties, value-added tax, and processing fees may be incurred by the shipping service provider. These fees are to be borne by the buyer and will not be refunded by us – not even in the case of a return.

6) Retention of title

If the seller performs in advance, he retains ownership of the delivered goods until full payment of the owed purchase price is made.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 If the customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect on their statutory or contractual warranty claims.

8) Special Conditions for the Processing of Goods According to Specific Customer Requirements

8.1 If the seller is obligated under the contract to process the goods according to specific requirements of the customer in addition to delivering the goods, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no rights of third parties are violated, especially copyright, trademark, and personal rights.

8.2 The customer indemnifies the seller against claims from third parties that may assert these in connection with a violation of their rights due to the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense in the event of a claim by third parties without delay, truthfully, and completely.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This particularly applies to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.

9) Redemption of promotional vouchers

9.1 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") 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 if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 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 their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller can perform 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 or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

10) Redemption of Gift Vouchers

10.1 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.

10.2 Gift vouchers and remaining balances of gift vouchers are redeemable 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.

10.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6 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.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 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, legal incapacity, or lack of representation authority of the respective holder.

11) Applicable Law

11.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For 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 their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply regarding the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

12) 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 within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office 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 if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is entitled to bring an action before the court at the customer's place of business in any case.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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