General terms and conditions with customer information

Table of contents

1. scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Removal of action vouchers
9. Applicable law
10. Place of jurisdiction
11. Code of Conduct
12. Alternative dispute resolution

1) scope

1.1These general terms and conditions (hereinafter "AGB") of Papercrush GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the one in his online -Shop is completed. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.

1.2Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

2) Contract conclusion

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone, email, postal or online contact form to the seller.

2.3The 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), whereby the receipt of the order confirmation is decisive in the customer, or
• by providing the customer to the customer, with the access of the goods to the customer, or
• by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.

2.4When selecting a payment method offered by PayPal, the 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"), with the validity of the PayPal use conditions, https://www.paypal.com/de/webapps/mpp/ua/useragreement-full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button final.

2.5When selecting the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe S.C.A., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the validity of the Amazon Payments Europe usage funds, https://payments.amazon.de/help/201751590. If the customer selects as a payment method as part of the online ordering process "Amazon Payment", he also gives a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already explains the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.

2.6When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible.

2.7Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8Only the German language is available for the conclusion of the contract.

2.9Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

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

4) Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment options are/will be communicated to the customer in the seller's online shop.

4.4When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out via 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 informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com/legal/terms-payments-de available.

5) Delivery and shipping conditions

5.1The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.4Pickup is not possible for logistical reasons.

6) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

7) Liability for defects (warranty)

7.1If the purchased item is poor, the provisions of the statutory liability for defects apply.

7.2If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

8) Redeem of action vouchers

8.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter referred to as "action vouchers") can only be redeemed in the online shop of the seller and only in the specified period.

8.2Action vouchers can only be redeemed by consumers.

8.3Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.

8.4Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5Only one action voucher can be redeemed per order.

8.6The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.

8.7If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

8.8The credit of an action voucher is neither paid out in cash nor interest.

8.9The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.

8.10The action voucher is transferable. The seller can provide the respective owner who redeems the promotion voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

9) Applicable law

9.1For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

9.2Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.

10) jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

11) Code of Conduct

- The seller has submitted to the conditions of participation for the ECOMMERCE initiative "Fairness in Trading", which on the Internet https://www.fairness-im-handel.de/teilnahmebedingungen/ are visible.

12) Alternative dispute resolution

12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

12.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.