GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of contents
scope of application
conclusion of contract
right of withdrawal
prices and terms of payment
terms of delivery and dispatch
reservation of title
liability for defects (warranty)
redemption of campaign vouchers
redemption of gift vouchers
alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Jörg Hildebrand, trading under the name of “GIN-HUDE” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These GTCs only govern the sale of tickets for certain events specified in the Seller’s item description and not the implementation of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organiser as well as any conditions of the organiser that deviate from these shall apply exclusively. If the Seller is not also the organiser, he shall not be liable for the proper execution of the event, for which the respective organiser is exclusively responsible.
1.4 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An 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 seller’s online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The Customer may submit the offer using the online order form integrated into 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 offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or post.
2.3 The Seller may 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 goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives are available, 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 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 shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When an offer is submitted via the Seller’s online order form, the text of the contract is stored 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 off 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.
2.5 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 may be the enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out 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 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 by third parties commissioned by the Seller to process the order can be delivered.
2.8 When ordering alcoholic beverages, the Customer confirms by sending the order that he has reached the minimum age required by law.
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 instructions.
3.3 In accordance with § 312g para. 2 no. 9 BGB, unless otherwise agreed, a right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of such services. Accordingly, a right of revocation is also excluded in the case of contracts which have as their object the sale of tickets for scheduled leisure events.
4) Prices and payment conditions
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 are stated separately in the respective product description.
4.2 The payment option/s is/are communicated to the Customer in the Seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered by the payment service “Klarna” is chosen, 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
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the Seller’s reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. In the event that the Customer effectively exercises his right of revocation, the provision made in the Seller’s revocation instructions shall apply to the costs of return shipment.
5.3 In the case of collection by the Customer, 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.
5.4 Vouchers are provided to the Customer as follows:
– by download
5.5 Tickets are provided to the customer as follows:
– by e-mail
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of sale is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, this shall not affect his statutory 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 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotion voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
8.6 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.
8.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.8 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.
8.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redeeming gift vouchers
9.1 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 in the voucher.
9.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift Certificates can only be used for the purchase of Goods and not for the purchase of additional Gift Certificates.
9.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.
9.8 The gift voucher is transferable. The Seller may make payment with discharging effect 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 non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
10) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of 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.
11) Alternative dispute resolution
11.1 The European 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 the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.