Terms of service
1. scope of application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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 self-employed professional activity.
These GTC shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them. 2 Contractual partner, conclusion of contract
The purchase contract is concluded with Secondgold UG (haftungsb.).
By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail. 3. 3. contract language, contract text storage The language available for the conclusion of the contract is German.
We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can view the contract text in our customer login. 4. delivery conditions
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself.
In our shop, the following payment methods are generally available to you:
Prepayment If you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
PayPal During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by klarna After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Amazon Pay During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimise yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online shop where you can complete the ordering process. Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.
Purchase on account via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .
6. retention of title
The goods remain our property until full payment has been made. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
7. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
in case of injury to life, body or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in case of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a promise of guarantee, insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) has been agreed.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop. 9 Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. dispute resolution The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes. To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body. 11. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.