terms and conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the 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
10. Applicable Law, Jurisdiction, Place of Performance

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") of Martin Wilmerding, trading as "Plissee-Flix24.de" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activities when concluding a legal transaction.

2) Conclusion of the 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 for the submission of a binding offer by the Customer.

2.2 The Customer can submit an offer using the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the order process. The Customer can also submit the offer to the Seller by telephone or email.

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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the order is placed.

If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends their offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer's order is submitted. Any additional access to the contract text by the Seller is not provided. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account by entering the corresponding login data free of charge.

2.5 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. An effective technical means of better recognizing input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click 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 usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters do not block emails sent by the Seller or third parties commissioned by the Seller to process orders.

3) Right of Withdrawal

Further information on 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 indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller's online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When paying via a payment method offered by PayPal, payment processing is carried out 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 PayPal's 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 – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and Shipping Terms

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing is decisive for the transaction.

5.2 If the shipping company returns the dispatched goods 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 circumstances that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provisions in the Seller's withdrawal policy apply.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased goods are defective, the statutory provisions on liability for defects apply.

7.2 The Customer is requested to report any goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. Failure to comply with this request has no effect on the Customer's statutory or contractual warranty claims.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection provided is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at http://ec.europa.eu/consumers/odr/.

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10) Applicable Law, Jurisdiction, Place of Performance

1. The contractual relationship is subject to the laws of the Federal Republic of Germany. The uniform UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) does not apply.

2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Plissee-Flix24.de. Notwithstanding this agreement on jurisdiction, Plissee-Flix24.de may also sue the Customer at their place of business.

3. Unless otherwise stated in the order confirmation, the place of performance is the registered office of the respective delivering Plissee-Flix24.de company.