Conditions of use
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Granting of usage rights for digital content
- Contract duration and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Imanuel Herz, trading under "Mountain-Movers" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content, as defined by these Terms and Conditions, is data created and provided in digital form.
1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
1.6 Depending on the seller's product description, the subject matter of the contract can be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "subscription contract"). In a subscription contract, the seller undertakes to deliver the contractually agreed goods to the customer for the duration of the agreed contract term at the contractually agreed time intervals.
1.7 Depending on the seller's description of the content, the subject matter of the contract can be either the one-time provision of digital content or the regular provision of digital content (hereinafter referred to as the "Subscription Agreement"). In the case of a Subscription Agreement, the seller undertakes to provide the customer with the contractually agreed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute 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 via the online order form integrated into the seller’s online shop.After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time 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 on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. 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 free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding 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 detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
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 the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com
4.6 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com
4.7 If you select a payment method offered via the payment service “Stripe”, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”).The individual payment methods offered by Stripe will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information about Stripe is available online at https://stripe.com
4.8 If you choose to pay by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.
4.9 If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://mountain-movers.de
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during the order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This applies only if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods.In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- via download
- by email
5.7 Digital content is provided to the customer as follows:
- via download
- by email
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the description of the content in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3 To the extent the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the due remuneration in full. The seller may also provisionally permit the use of the contractual content prior to this point in time. Such provisional permission does not constitute a transfer of rights.
7) Contract duration and termination of subscription contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without notice.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.
7.3 Terminations may be made in writing, in text form (e.g. by email) or electronically via the termination mechanism (termination button) provided by the seller on its website.
8) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
9.1 Unless otherwise stated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:
9.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
9.3 If the customer acts 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 was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
9.4 The limitations of liability and shortening of time limits set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
9.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
9.6 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
9.7 If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.
10) Special conditions for the processing of goods according to specific customer specifications
10.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.
10.2 The customer indemnifies the seller against any third-party claims that they may assert against the seller in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
10.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency.This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.7 The balance of a promotional voucher will not be paid out in cash or bear interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11.9 The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
12.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.
12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.
12.4 Multiple gift vouchers can be redeemed in one order.
12.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
12.7 The balance of a gift voucher will not be paid out in cash or bear interest.
12.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop, with discharging effect.This shall not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity to act or lack of authority to represent the respective owner.
13) 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 granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
14.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.