TERMS OF SERVICE

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GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
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TABLE OF CONTENTS
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1. SCOPE
2. CONCLUSION OF CONTRACT
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
5. DELIVERY AND SHIPPING TERMS
6. RETENTION OF TITLE
7. LIABILITY FOR DEFECTS (WARRANTY)
8. APPLICABLE LAW
9. ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER "GTC") OF FEAR THE SOCIETY (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 DATED SELLER IN HIS ONLINE SHOP COMPLETES THE GOODS DISPLAYED. THE INCLUSION OF THE CUSTOMER'S OWN CONDITIONS IS HEREBY CONTRADICTED, UNLESS OTHERWISE AGREED.
1.2 A CONSUMER WITHIN THE MEANING OF THESE TERMS AND CONDITIONS IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES THAT ARE PREDOMINANTLY NEITHER COMMERCIAL NOR THEIR INDEPENDENT PROFESSIONAL ACTIVITY. AN ENTREPRENEUR WITHIN THE MEANING OF THESE TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A LEGAL PARTNERSHIP WHO, WHEN CONCLUDING A LEGAL TRANSACTION, ACTS IN THE EXERCISE OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY.
2) CONCLUSION OF THE CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE ONLINE SHOP OF THE SELLER DO NOT CONSTITUTE BINDING OFFERS ON THE PART OF THE SELLER, BUT SERVE FOR THE SUBMISSION OF A BINDING OFFER BY THE CUSTOMER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER USING 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 CONTRACT OFFER FOR THE GOODS 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 E-MAIL), WHEREBY THE RECEIPT OF THE ORDER CONFIRMATION BY THE CUSTOMER IS DECISIVE, OR
- BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, WHEREBY IN THIS RESPECT THE RECEIPT OF THE GOODS IS DECISIVE FOR THE CUSTOMER, OR
- BY ASKING THE CUSTOMER TO PAY AFTER PLACING HIS ORDER.
IF THERE ARE SEVERAL OF THE AFOREMENTIONED ALTERNATIVES, THE CONTRACT IS CONCLUDED AT THE TIME AT WHICH ONE OF THE AFOREMENTIONED ALTERNATIVES OCCURS FIRST. 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 DEEMED TO BE A REJECTION OF THE OFFER WITH THE RESULT THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF INTENT.
2.4 IF THE PAYMENT METHOD "PAYPAL EXPRESS" IS SELECTED, THE PAYMENT WILL BE PROCESSED BY THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À RL ET CIE, SCA, 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "PAYPAL"), SUBJECT TO 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 - UNDER THE TERMS AND CONDITIONS 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 THE PAYMENT METHOD DURING THE ONLINE ORDERING PROCESS, HE ALSO ISSUES A PAYMENT ORDER TO PAYPAL BY CLICKING THE BUTTON THAT CONCLUDES THE ORDERING PROCESS. IN THIS CASE, THE SELLER ALREADY DECLARES THE ACCEPTANCE OF THE CUSTOMER'S OFFER AT THE TIME
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 HIS ORDER HAS BEEN SENT. ANY FURTHER PROVISION OF THE CONTRACT TEXT BY THE SELLER DOES NOT TAKE PLACE. IF THE CUSTOMER HAS SET UP A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SUBMITTING 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 PROVIDING THE CORRESPONDING LOGIN DATA.
2.6 BEFORE THE BINDING SUBMISSION OF THE 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 REPRESENTATION ON THE SCREEN IS ENLARGED. THE CUSTOMER CAN CORRECT HIS ENTRIES AS PART OF THE ELECTRONIC ORDERING PROCESS USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL HE CLICKS THE BUTTON THAT CONCLUDES THE ORDERING PROCESS.
2.7 ONLY THE GERMAN LANGUAGE IS AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.
2.8 ORDER PROCESSING AND CONTACT ARE USUALLY CARRIED OUT BY EMAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE E-MAIL ADDRESS GIVEN BY HIM TO PROCESS THE ORDER IS CORRECT, SO THAT THE 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 THIRD PARTIES COMMISSIONED BY THE SELLER TO PROCESS THE ORDER CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS HAVE A FUNDAMENTAL RIGHT OF WITHDRAWAL.
3.2 MORE DETAILED INFORMATION ON THE RIGHT OF CANCELLATION CAN BE FOUND IN THE SELLER'S CANCELLATION POLICY.
4) PRICES AND TERMS OF PAYMENT
4.1 UNLESS OTHERWISE STATED IN THE SELLER'S PRODUCT DESCRIPTION, THE PRICES GIVEN ARE TOTAL PRICES THAT INCLUDE THE STATUTORY SALES TAX. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS THAT MAY ARISE ARE SPECIFIED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.
4.2 IN THE CASE OF DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY ARISE 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 FEES) OR IMPORT DUTIES OR TAXES (E.G. CUSTOMS DUTIES). SUCH COSTS MAY ALSO ARISE IN RELATION TO THE MONEY TRANSFER IF THE DELIVERY IS NOT MADE 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 WHEN PAYING USING ONE OF THE PAYMENT METHODS OFFERED BY PAYPAL, PAYMENT IS PROCESSED BY THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À RL ET CIE, SCA, 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "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 - UNDER THE TERMS AND CONDITIONS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT , AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL.
5) DELIVERY AND DISPATCH CONDITIONS
5.1 THE DELIVERY OF GOODS TAKES PLACE ON THE DISPATCH ROUTE TO THE DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER, UNLESS OTHERWISE AGREED. WHEN PROCESSING THE TRANSACTION, THE DELIVERY ADDRESS SPECIFIED IN THE SELLER'S ORDER PROCESSING IS DECISIVE.
5.2 IF THE TRANSPORT COMPANY SENDS THE GOODS BACK TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER BEARS THE COSTS FOR THE UNSUCCESSFUL SHIPMENT. THIS DOES NOT APPLY IF THE CUSTOMER IS NOT RESPONSIBLE FOR THE CIRCUMSTANCE THAT LED TO THE IMPOSSIBILITY OF DELIVERY OR IF HE WAS TEMPORARILY PREVENTED FROM ACCEPTING THE SERVICE OFFERED, UNLESS THE SELLER ANNOUNCED THE SERVICE A REASONABLE TIME IN ADVANCE WOULD HAVE. FURTHERMORE, THIS DOES NOT APPLY WITH REGARD TO THE SHIPPING COSTS IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF WITHDRAWAL. FOR THE RETURN COSTS, IF THE CUSTOMER EXERCISES HIS RIGHT OF WITHDRAWAL, THE PROVISIONS MADE IN THE SELLER’S CANCELLATION POLICY APPLY.
5.3 COLLECTION BY THE CUSTOMER IS NOT POSSIBLE FOR LOGISTICAL REASONS.
6) RETENTION OF TITLE
IF THE SELLER MAKES AN ADVANCE PAYMENT, HE RESERVES TITLE TO THE DELIVERED GOODS UNTIL THE PURCHASE PRICE OWED HAS BEEN PAID IN FULL.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 IF THE PURCHASED ITEM IS DEFECTIVE, THE PROVISIONS OF STATUTORY LIABILITY FOR DEFECTS APPLY.
7.2 THE FOLLOWING APPLIES TO USED GOODS: CLAIMS FOR DEFECTS ARE EXCLUDED IF THE DEFECT DOES NOT APPEAR UNTIL ONE YEAR AFTER DELIVERY OF THE GOODS. DEFECTS THAT OCCUR WITHIN ONE YEAR OF DELIVERY OF THE GOODS CAN BE ASSERTED WITHIN THE STATUTORY LIMITATION PERIOD. HOWEVER, THE SHORTENING OF THE LIABILITY PERIOD TO ONE YEAR DOES NOT APPLY
- FOR ITEMS THAT HAVE BEEN USED FOR A BUILDING IN ACCORDANCE WITH THEIR NORMAL USE AND HAVE CAUSED ITS DEFECTIVENESS,
- FOR CLAIMS FOR DAMAGES AND REIMBURSEMENT OF EXPENSES BY THE CUSTOMER, AS WELL AS
- IN THE EVENT THAT THE SELLER HAS FRAUDULENTLY CONCEALED THE DEFECT.
7.3 THE CUSTOMER IS ASKED TO COMPLAIN TO THE DELIVERER ABOUT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE AND TO INFORM THE SELLER THEREOF. IF THE CUSTOMER DOES NOT COMPLY, THIS HAS NO EFFECT ON HIS STATUTORY OR CONTRACTUAL CLAIMS FOR DEFECTS.
8) APPLICABLE LAW
THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO ALL LEGAL RELATIONSHIPS BETWEEN THE PARTIES, EXCLUDING THE LAWS ON THE INTERNATIONAL PURCHASE OF MOVABLE 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 HIS HABITUAL RESIDENCE IS NOT WITHDRAWN.
9) ALTERNATIVE DISPUTE RESOLUTION
9.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET UNDER THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM SERVES AS A POINT OF CONTACT FOR THE OUT-OF-COURT SETTLEMENT OF DISPUTES ARISING FROM ONLINE PURCHASES - OR SERVICE CONTRACTS TO WHICH A CONSUMER IS A PARTY.
9.2 THE SELLER IS NEITHER OBLIGED NOR WILLING TO PARTICIPATE IN A DISPUTE SETTLEMENT PROCEDURE BEFORE A CONSUMER ARBITRATION BOARD.