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General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Promotional Coupons
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Jurisdiction
  13. Code of Conduct
  14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Revay GmbH (hereinafter referred to as "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter referred to as "you"), conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own conditions unless we have agreed otherwise with you.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers unless otherwise specified.

1.3 You are considered a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your self-employed professional activity.

1.4 You are considered an entrepreneur within the meaning of these GTC if you act as a natural or legal person or as a partnership with legal capacity when concluding a legal transaction in the exercise of your commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in our online shop do not constitute a binding offer on our part but serve to submit a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
  • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
  • by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after the submission of your offer and ends with the expiration of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this is considered a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, the 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 referred to as "PayPal"), in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare the acceptance of your offer at the time you click the button that completes the ordering process.

2.5 If you select the payment method "Amazon Payments," the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), in accordance with the Amazon Payments Europe Terms of Use, which can be viewed at https://payments.amazon.de/help/201751590. If you select "Amazon Payments" as the payment method during the online ordering process, you simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, we hereby declare the acceptance of your offer at the time you initiate the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the online order form of our company, the contract text is stored by us after the conclusion of the contract and sent to you in text form (e.g., email, fax, or letter) after you have submitted your order. Further accessibility of the contract text by us does not occur. If you have set up a user account in our online shop before submitting your order, the order data will be archived on our website and can be retrieved by you free of charge via your password-protected user account by providing the corresponding login data.

2.7 Before making a binding order via our online order form, you can recognize 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 zoom function of your browser, which enlarges the display on the screen. You can correct your entries within the electronic ordering process as long as you use the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provided for order processing is correct so that emails sent by us can be received at this address. In particular, you must ensure that all emails sent by us or by third parties commissioned by us with order processing can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal instruction.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our product description, the prices stated are total prices that include the statutory value-added tax. 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 arise in individual cases that we are not responsible for and that you must bear. This includes, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If you select a payment method offered via the "PayPal" payment service, the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal where we advance payment to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payments with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, we remain responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal, and credits, even in the case of the assignment of claims.

4.5 If you select the payment method "Sofortüberweisung," the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," you must have an online banking account activated for participation in "Sofortüberweisung," authenticate yourself during the payment process, and confirm the payment order. The payment transaction is carried out immediately afterwards by Klarna, and your bank account is debited. Further information on the payment method "Sofortüberweisung" can be found online at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the "Mollie" payment service, the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via Mollie will be communicated to you in our online shop. Mollie may use other payment services for processing payments, for which special payment conditions may apply, which you may be separately informed about. Further information about "Mollie" can be found online at https://www.mollie.com/de/.

4.7 If you select a payment method offered via the "Klarna" payment service, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna can be viewed here:

https://peachyboots.de/Informationen/Versand-Zahlungsbedingungen/

5) Delivery and Shipping Conditions

5.1 If we offer shipping of the goods, delivery will take place within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction. Deviating from this, in the case of selecting the PayPal payment method, the delivery address you provided at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you bear the reasonable costs incurred by us as a result. This does not apply to the costs for the shipment if you effectively exercise your right of withdrawal. For the return shipping costs, the regulation made in our withdrawal instruction applies in the event of effective exercise of the right of withdrawal by you.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only upon delivery of the goods to you or to a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you as a consumer as soon as we have delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if you have commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not our fault and we have concluded a specific covering transaction with the supplier with the required care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately, and the consideration will be refunded to you without delay.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

  • by download
  • by email

6) Retention of Title

If we perform in advance, we retain ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

  • we have the choice of the type of subsequent performance;
  • the limitation period for defect rights for new goods is one year from delivery of the goods;
  • the rights for defects are excluded for used goods;
  • the limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.

7.2 If you act as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between us and you have been specifically informed of the shortening of the limitation period before submitting your declaration of intent.

7.3 The liability limitations and time limits regulated above do not apply

  • to your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • for goods that have been used for a building according to their usual use and have caused its defectiveness,
  • for any obligation we may have to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial inspection and complaint obligations according to § 377 HGB. If you fail to comply with the notification obligations regulated there, the goods are deemed approved.

7.6 If you act as a consumer, you are requested to report delivered goods with obvious transport damage to the carrier and inform us of this. Failure to do so has no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation for any legal reason

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise regulated in this regard,
  • based on mandatory liability such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability is limited to the typical, foreseeable damage, unless we are liable without limitation according to the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on which you may regularly rely.

8.3 Otherwise, liability on our part is excluded.

8.4 The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of Promotional Coupons

9.1 Coupons that we issue free of charge as part of promotions with a specific validity period and that you cannot purchase (hereinafter referred to as "Promotional Coupons") can only be redeemed in our online shop and only within the specified period.

9.2 Individual products may be excluded from the coupon

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