Terms of Service
and consumer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Stefan
Hölldobler, Klingenstraße 20a, 04229 Leipzig, Germany - hereinafter referred to as the provider - and the customer, which are closed via the provider's website http://www.pepeshop.de . Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) Contract language is German. The full text of the contract is not available from the provider
saved. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After the order has been received by the provider, the order data, the legally required information for distance contracts and the general
Terms and Conditions sent to the customer again by e-mail.
For requests for quotations sent to the provider by email, fax or in writing
the customer will receive all contract data as part of a binding offer by email, which the customer can print out or save electronically.
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§ 2 Subject of the contract
Subject of the contract is the sale of goods. The details, especially the
The main features of the goods can be found in the item description and the additional information on the provider's website.
The provider sells the goods partially or exclusively as a commission agent in his own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, the contractual partner with all rights and obligations is the provider.
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§ 3 Formation of the contract
(1) The product descriptions of the provider on the Internet are non-binding and no
binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page. Before sending the order, the customer has the opportunity to check all the information again, to change it or to cancel the purchase. By sending the order using the "Order with obligation to pay" button, the customer submits a binding offer to the provider. The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2
Days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to the customer (order confirmation). If the customer has not received a corresponding message within this period, he is
no longer bound to his order. Any services already provided will be reimbursed immediately in this case.
(4) Customer inquiries regarding the purchase of goods outside of the online shopping cart system, which are sent to the provider by email, fax or in writing, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.
(5) The processing of the order and transmission of all in connection with the
The information required for the conclusion of the contract is sent automatically by e-mail. The customer must therefore ensure that the e-mail address he has stored with the provider is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
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§ 4 Prices, shipping costs
(1) The prices listed in the respective offers as well as the shipping costs
Final prices. They include all price components including all applicable taxes. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. Customers are advised to check details with customs/tax authorities prior to ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page and are separated during the ordering process
shown and are to be borne by the customer in addition, unless delivery free of shipping costs has been promised.
(3) The customer receives an invoice with VAT shown.
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§ 5 Terms of payment and shipping
(1) The conditions for payment and shipping can be found under the same name
button in the navigation.
(2) Unless otherwise stated for the individual payment methods,
Payment claims from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured. If the customer is an entrepreneur, delivery and shipment are at his own risk.
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§ 6 Return costs when exercising the right of withdrawal
In the event that the consumer's statutory right of withdrawal is exercised in the case of distance contracts, it is agreed that the customer shall bear the regular costs of the
Return shipment has to be borne if the price of the item to be returned does not exceed an amount of 40 euros or if the customer has a higher price of the item
consideration or a contractually agreed partial payment at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the provider bears the costs of the return.
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§ 7 Right of retention, retention of title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.
(3) If the customer is an entrepreneur, the following also applies:
a) The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) The customer can resell the goods in the ordinary course of business. In this case, he already assigns all claims in the amount of the invoice that accrue to him from the resale to the provider who accepts the assignment. The customer is also authorized to collect the debt. If he does not meet his payment obligations properly, the provider reserves the right to collect the claim himself.
c) If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the provider's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.
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§ 8 Warranty
(1) The statutory provisions apply
(2) As a consumer, the customer is asked to return the goods immediately upon delivery
Completeness, obvious defects and transport damage to check and
Complaints to the provider and the carrier as soon as possible. If the customer does not comply, this has no effect on the statutory
warranty claims.
(3) In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpably caused damage to life, limb or health attributable to the provider and to damage caused by gross negligence or intent or fraudulent intent on the part of the provider, as well as to rights of recourse in accordance with §§ 478, 479 BGB.
(4) If the customer is an entrepreneur, the following applies in derogation of paragraph 1:
a) Only the supplier's own information and the
Product description of the manufacturer as agreed, but not other advertising, public promotions and statements by the manufacturer.
b) The customer is obliged to return the goods immediately and with due care
To examine deviations in quality and quantity and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, the provider shall, at its option, provide a warranty through rectification or
replacement delivery. If the elimination of the defect fails twice, the customer can either demand a price reduction or withdraw from the contract. In the case of rectification, the provider does not have to bear the increased costs incurred by bringing the goods to a place other than the place of performance, unless the shipment is not
intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened one
The warranty period does not apply to culpably caused damage to life, limb or health attributable to the provider and to damage caused by gross negligence or intent or fraudulent intent on the part of the provider, as well as to claims for recourse in accordance with §§ 478, 479 BGB.
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§ 9 Liability
(1) The provider is liable without restriction for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the quality of the object of purchase, in the event of damage after the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider is included
slight negligence is limited to the contract-typical, foreseeable damage.
Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
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§ 10 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) Place of performance for all services from those existing with the provider
Business relationships and place of jurisdiction is the provider's registered office, unless the customer
Consumers, but merchants, legal entities under public law or
is a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
These terms and conditions were drawn up by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings.