- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter „GTC“) of Traumpreisfabrik Hornung GmbH (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 seller in completes the goods displayed in his online shop. The inclusion of the customer’s own conditions is hereby rejected, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 These terms and conditions apply accordingly to contracts for the delivery of license keys, unless otherwise expressly stipulated. The seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or in the content. The respective product description in the seller’s online shop is decisive for the quality of the software or content.
1.4 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 in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in 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 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 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 with regard to 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 customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, 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.
2.5 If the payment method „Amazon Payments“ is selected, payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, available at https: / /payments.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, he also issues a payment order to Amazon 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 point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. 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.
2.7 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.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing 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 are generally entitled to a 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 statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The payment option (s) is / are communicated to the customer in the seller’s online shop.
4.4 If the payment method „SOFORT“ is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account with PIN / TAN that has been activated for participation in „SOFORT“, identify himself accordingly during the payment process and submit the payment order to „SOFORT“ to confirm. The payment transaction is carried out immediately afterwards by „SOFORT“ and the customer’s bank account is debited. The customer can call up more information on the „SOFORT“ payment method on the Internet at https://www.klarna.com/sofort/.
4.6 When purchasing by direct debit, the payment amount is due immediately for payment by collection by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter „Billpay“) from the checking account specified in the order process at the bank specified there (the checking account). You hereby give Billpay a SEPA direct debit mandate to collect payments due and instruct your bank to honor the direct debits. Billpay’s creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you at a later date by email together with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: Within eight weeks, starting with the debit date, you can request reimbursement of the debited amount. The conditions agreed with your financial institution apply. Please note that the due claim remains in place even with a return debit. You can find more information at https://www.billpay.de/sepa.
The advance information about the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have sufficient funds, the bank holding the account has no obligation to redeem it. Partial redemption will not be made in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay and a current account in Germany. If the customer is allowed to purchase by direct debit for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay, to whom the seller assigns his payment claim. In this case, the customer can only pay Billpay with a debt-discharging effect. Even when buying by direct debit via Billpay, the seller remains responsible for general customer inquiries (e.g. about goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credits. The general terms and conditions of Billpay apply, which can be accessed via the link below:
By specifying the current account, you confirm that you are entitled to direct debit via the relevant current account and that you will ensure the necessary funds. Return debits are associated with a lot of effort and costs for the seller and Billpay. In the event of a return debit (due to insufficient funds in the current account, due to expiry of the current account or unjustified objection by the account holder), you authorize Billpay to submit the direct debit again for the respective payment obligation. In such a case, you are obliged to pay the costs arising from the return debit. We reserve the right to make further claims. You will be given the opportunity to provide evidence that the return debit resulted in lower or no costs. In view of the effort and costs for returned direct debits and to avoid the processing fee, we ask you not to object to the direct debit in the event of a cancellation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the payment will be reversed by transferring the corresponding amount back or by crediting it.
5) Delivery and shipping 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 given in the seller’s order processing is decisive.
5.2 Goods that are delivered by a forwarding agency are delivered „free curbside“, i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.
5.3 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 costs for the dispatch 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.
5.4 Collection by the customer is not possible for logistical reasons.
5.5 Vouchers are given to the customer as follows:
– by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of 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 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs 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) Redemption of campaign vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter „promotional vouchers“) can only be redeemed in the seller’s online shop and only within the specified period.
8.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.8 The campaign voucher will not be refunded if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the seller’s online shop (hereinafter „gift vouchers“) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 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 selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) 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.
11) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under 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 online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.