GENERAL TERMS AND CONDITIONS
General terms and conditions with customer information
Table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment 5. terms of delivery and shipment 6. reservation of title
7. liability for defects (warranty) 8. redemption of promotion vouchers 9. applicable law
10. alternative dispute resolution
1) Area of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Lukas Bock, trading under the name "MustHype" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur in the sense 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 his commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of 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 in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through 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 concluding 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 the customer to pay after the customer has placed his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, 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"), subject to the PayPal Terms of Use, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as payment method during the online order process, he/she also places a payment order with PayPal by clicking the button that completes the order process. In this case, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the relevant login data.
2.6 Before bindingly placing an 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 means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Its The customer can correct entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact is usually done by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails 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 are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller's revocation instruction.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's online shop.
4.4 If payment is made by means of a payment method offered by PayPal, the payment transaction will be processed 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"), subject to the PayPal Terms of Use, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method "IMMEDIATELY" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment order to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. The customer can find more detailed information on the "IMMEDIATE" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered through the payment service "Shopify Payments" is selected, the payment transaction is processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be notified to the Customer separately. Further information on Shopify Payments is available on the Internet at https://www.shopify.de/payments.
4.7 If a payment method offered by the payment service "Klarna" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). For further information and Klarna's terms and conditions, please refer to the Seller's payment information, which is available at the following Internet address
of Lukas Bock, acting under "MustHype
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable period of notice of the service. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3 In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.
6) Reservation of proprietary rights
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the object of purchase is defective, the provisions of the statutory
Liability for defects.
7.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the customer (hereinafter "campaign vouchers") 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 voucher promotion if
a corresponding restriction results from the content of the promotion voucher.
8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one promotion voucher can be redeemed per order.
8.6 The value of the goods must be at least the amount of the promotion voucher.
Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotion 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.
8.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
8.10 The promotion voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
9) Applicable law
The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform on the Internet under the following link to
Online dispute resolution available at https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
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