Terms of Use
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Granting of usage rights for digital content
- Contract duration and termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer requirements
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Imanuel Herz, trading as "Mountain-Movers" (hereinafter "Seller"), apply 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 its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.
1.4 For the purposes of these terms and conditions, a consumer 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.
1.5 For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.6 Depending on the seller's product description, the subject of the contract can be either the purchase of goods via a one-off delivery or the purchase of goods via a recurring delivery (hereinafter referred to as a "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually agreed intervals.
1.7 Depending on the seller's description, the subject of the contract can be either a one-time provision of digital content or the regular provision of digital content (hereinafter referred to as a "subscription contract"). In a subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop.After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping cart by clicking the button that concludes 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 email), 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 in this respect, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is handled by 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
2.5 When an offer is submitted 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 has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that finalizes the order.
2.7 The German language is the only language available for concluding the contract.
2.8 Order processing and communication generally 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 that address. In particular, if 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 regarding the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any applicable delivery and shipping costs will be listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (z.B. Transfer fees, exchange rate fees) or import duties or taxes (z.BCustoms duties). Such costs may also be incurred in connection with money transfers even 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 payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the payment method "SOFORT," 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 enabled for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then executed immediately by "SOFORT," and the customer's bank account is debited. Further information about the "SOFORT" payment method can be found online at [website address missing in original text]. https://www.klarna.com
4.6 When selecting a payment method offered via the "Shopify Payments" service, 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 via Shopify Payments are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, which may be subject to separate terms and conditions. The customer will be notified of these separately if applicable. Further information about "Shopify Payments" is available online at [website address missing in original text]. https://www.shopify.com
4.7 When selecting a payment method offered via the payment service “Stripe”, 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 Stripe are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, which may be subject to separate terms and conditions. The customer will be notified of these separately. Further information about Stripe is available online at [website address missing in original text]. https://stripe.com
4.8 When selecting credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.
4.9 When selecting a payment method offered via the payment service "Klarna", payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://mountain-movers.de
5) Delivery and shipping conditions
5.1 If the seller offers shipping, delivery will be made within the seller's specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive.
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 initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has, with due diligence, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort 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 payment will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows:
- via download
- by email
5.7 Digital content is provided to the customer as follows:
- via download
- by email
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the product description in the seller's online shop, the seller grants the customer a non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to a transfer of the license subject to the contract to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the full amount due. The seller may provisionally permit the use of the content subject to the contract even before this point. Such provisional permission does not constitute a transfer of rights.
7) Contract duration and termination for subscription contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
7.3 Cancellations can be made in writing, in text form (e.g. by email) or in electronic form via the cancellation device (cancellation button) provided by the seller on his website.
8) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
9.1 Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:
9.2 If the customer is acting as an entrepreneur,
- The seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- For used goods, rights and claims due to defects are excluded;
- The limitation period does not restart if a replacement delivery is made under the warranty for defects.
9.3 If the customer is acting as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following clause: The limitation period for claims based on defects is one year from delivery of the goods, if this has been expressly and separately agreed between the parties and the customer has been specifically informed of the reduction of the limitation period before submitting his contractual declaration.
9.4 The aforementioned limitations of liability and reductions of time limits do not apply.
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
9.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.6 Is the customer acting as a merchant? i.S.dPursuant to Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
9.7 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
10) Special conditions for the processing of goods according to specific customer requirements
10.1 If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary usage rights. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for possessing the right to use the content provided to the seller. In particular, the customer is responsible for ensuring that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.
10.2 The customer shall indemnify the seller against any third-party claims arising from the seller's contractual use of the customer's content and any infringement of the third party's rights. The customer shall also bear all necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a third-party claim, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.
10.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or accepted ethical standards.This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
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 referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
11.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 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.
11.6 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 pay the difference.
11.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
11.8 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.
11.9 The promotional voucher is transferable. The seller can fulfill their obligation by providing the service 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 respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and remaining balances on gift vouchers 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 can only be redeemed before completing the order process. Subsequent crediting is not possible.
12.4 Multiple gift vouchers can be redeemed in one order.
12.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
12.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
12.8 The gift voucher is transferable. The seller can fulfill their obligation by providing the service to the current 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 lack of entitlement, legal incapacity or lack of authority to represent the respective owner.
13) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
14.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.