General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Jurisdiction
10. Code of Conduct
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of librics GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods displayed in the Seller's online shop. Any inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity. An entrepreneur under these GTC is a natural or legal person or a legally competent partnership who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but rather serve as invitations for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer, by clicking the button that finalizes the ordering process, submits a legally binding contractual offer with respect to the goods contained in the shopping cart.

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 confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting the Customer to make a payment after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the moment when the first of them takes place. The acceptance period begins the day after the Customer sends the offer and ends at the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, it is deemed a rejection of the offer, releasing the Customer from their binding declaration of intent.

2.4 When the payment method "PayPal Express" is selected, payment processing is carried out via 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 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 – subject to the 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, by clicking the button that finalizes the ordering process, they simultaneously issue a payment instruction to PayPal. In this case, the Seller hereby deems the Customer’s offer accepted at the moment the payment process is initiated by the Customer clicking the finalizing button.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed. The Seller will not make the contract text more broadly available. If the Customer has set up a user account in the Seller’s online shop prior to placing their order, the order data are archived on the Seller’s website and can be retrieved free of charge by the Customer via their password-protected user account using the corresponding login details.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Customer can check for input errors by carefully reading the information displayed on the screen. A useful technical means for better detecting input errors is the browser’s magnification function, which enlarges the display on the screen. The Customer may correct their entries using the conventional keyboard and mouse functions as often as needed during the electronic ordering process until the finalizing button is clicked.

2.7 The contract may only be concluded in the German language.

2.8 Order processing and communications generally take place via email and automated order processing. The Customer must ensure that the email address provided for processing the order is correct so that emails sent by the Seller can be received. In particular, if spam filters are used, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be successfully delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise specified in the product description provided by the Seller, the prices stated are total prices, including the statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may, on a case-by-case basis, be incurred that the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers via credit institutions (e.g., transfer fees, currency conversion fees) or import duties or taxes (e.g., customs duties). Such costs related to money transfers may also incur even if the delivery is not to a country outside the European Union, but the payment is made from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 For payments made using a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 – to the conditions for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 When the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the Customer must have an online banking account enabled for participation in "SOFORT" using the PIN/TAN procedure, authenticate accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then immediately executed by "SOFORT" and the Customer’s bank account is debited. Detailed information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.

4.6 When a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna can be found in the Seller’s payment information, which is available on the following website:

https://www.pandaliebe.de/pages/versandkosten

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the cost of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstances which made delivery impossible or if they were temporarily unable to accept the offered service, unless the Seller had announced the service a reasonable time in advance. Moreover, this does not apply to the cost of reshipment if the Customer effectively exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal by the Customer, the return shipping costs are governed by the regulation specified in the Seller’s cancellation policy.

5.3 Self-collection is not possible for logistical reasons.

6) Reservation of Title

If the Seller advances performance, they reserve ownership of the delivered goods until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of the statutory warranty shall apply.

7.2 The Customer is requested to report any goods delivered with visible transport damage to the carrier and to inform the Seller accordingly. Failure to do so shall not affect the Customer’s statutory or contractual warranty rights.

8) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the rules on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not overridden by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Jurisdiction

If the Customer acts as a merchant, as a legal entity under public law, or as a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer is located outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings in the court at the Customer’s place of business.

10) Code of Conduct

• The Seller has submitted to the participation conditions for the eCommerce initiative "Fairness in Trade", which can be viewed on the internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
• The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online dispute resolution (ODR) platform 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 resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

 

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Version: 201901210101