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1.1 These General Terms and Conditions (hereinafter “GTC”) of Armbrust-Ruf GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.
1.2 These GTC also apply to contracts for the supply of vouchers unless otherwise provided for.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity.
1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legally recognized partnership that, when entering into a legal transaction, is acting in the course of its trade or self-employed professional activity.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation to the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email or telephone.
2.3 The Seller may accept the Customer’s offer within five days,
If several of the above alternatives are available, the contract shall come into existence at the time when the first of the above alternatives occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending 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 a payment method offered by PayPal is selected, payment shall be processed 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 the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 If the payment method “Amazon Payments” is selected, payment shall be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de
2.6 When ordering via the Seller’s online order form, the contract text shall be 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 Customer has sent their order. No further provision of the contract text by the Seller shall take place.
2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer may detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process as long as they like using the usual keyboard and mouse functions until they 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 communication generally take place by email and through automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller to this address can be received. 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 handle order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the Seller’s withdrawal policy.
4.1 Unless otherwise stated in the Seller’s product description, the stated prices are total prices including statutory value added tax. Any additional delivery and shipping costs incurred may be stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.3 If payment in advance 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 If a payment method offered via the payment service “PayPal” is selected, payment shall be processed by PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it provides credit to the Customer (e.g., payment by invoice or installment payment), it hereby assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit check using the submitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment intervals. In this case, payment may only be made to PayPal or the payment service provider commissioned by PayPal in a manner that discharges the Customer from their obligation. However, even in the event of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and related correspondence, or credits.
4.5 If the payment method “Sofortüberweisung” is selected, payment shall be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “Sofortüberweisung,” the Customer must have an online banking account enabled for participation in “Sofortüberweisung,” authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction will be carried out immediately thereafter by Klarna, and the Customer’s bank account will be debited. Further information on the payment method “Sofortüberweisung” can be accessed online at https://www.klarna.com
4.6 If a payment method offered via the payment service “Shopify Payments” is selected, payment shall be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply, and the Customer may be separately informed about these. Further information on “Shopify Payments” can be accessed online at https://www.shopify.com
4.7 If the payment method “payment by invoice” is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, the purchase price must be paid in full within the period stated on the invoice. The Seller reserves the right to offer the payment method of payment by invoice only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer about the corresponding payment restriction in the payment information in the online shop.
4.8 If the payment method “credit card” is selected, the invoice amount shall become due immediately upon conclusion of the contract. The credit card payment method shall be processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim on its behalf. PAYONE GmbH shall collect the invoice amount from the Customer’s stated credit card account. The credit card shall be debited immediately after the Customer’s order is submitted in the online shop. Even if the payment method of credit card payment via PAYONE GmbH is selected, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and related correspondence, or credits.
4.9 If the payment method “credit card” is selected, the invoice amount shall become due immediately upon conclusion of the contract. The credit card payment method shall be processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG shall collect the invoice amount from the Customer’s stated credit card account. In the event of the assignment, payment may only be made to secupay AG in a manner that discharges the Customer from their obligation. The credit card shall be debited immediately after the Customer’s order is submitted in the online shop. Even if the payment method of credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, declarations of withdrawal and related correspondence, or credits.
4.10 If the payment method “credit card” via Stripe is selected, the invoice amount shall become due immediately upon conclusion of the contract. Payment shall be processed by 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 to refuse this payment method in the event of a negative credit check result.
5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of return shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provision made in the Seller’s withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall generally only pass to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss or accidental deterioration of the sold goods shall also pass to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment to perform the delivery and the Seller has not previously informed the Customer of this person or entity.
5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this shall only apply if the non-delivery is not attributable to the Seller and the Seller has concluded a specific supply contract 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 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the Customer as follows:
- by email
If the Seller provides credit, it shall retain title to the delivered goods until full payment of the purchase price owed has been received.
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding the foregoing, for contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
7.2 The above-stated limitations of liability and shortened limitation periods shall not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the duty to inspect and notify defects pursuant to Section 377 of the German Commercial Code (HGB). If the Customer fails to comply with the notification duties set out therein, the goods shall be deemed accepted.
7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery person and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual defect claims.
The Seller shall be liable to the Customer for all contractual, contract-like, and statutory claims for damages and reimbursement of expenses, including tortious claims, as follows:
8.1 The seller shall be fully liable under any legal basis
8.2 If the customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply:
If the seller negligently breaches an essential contractual obligation, its liability shall be limited to typical, foreseeable damage, unless it is fully liable pursuant to the preceding paragraph. Essential contractual obligations are those that the contract imposes on the seller according to its content in order to achieve the contractual purpose, the fulfillment of which makes the proper performance of the contract possible in the first place, and whose compliance the customer may normally expect. Otherwise, the seller shall not be liable, unless it is fully liable pursuant to the preceding paragraph.
8.3 The preceding liability provisions also apply to the seller's liability for its auxiliaries and legal representatives.
9.1 If, in addition to the delivery of goods, the seller is obliged under the contract to process the goods according to specific customer requirements, the customer shall make available to the seller all content necessary for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the necessary usage rights. The customer is solely responsible for obtaining this content and acquiring the rights thereto. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are thereby infringed, especially copyright, trademark and personality rights.
9.2 The customer shall indemnify the seller against any third-party claims that may be asserted against the seller in connection with an infringement of their rights resulting from the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and legal fees to the extent required by law. This shall not apply if the infringement of rights is not attributable to the customer. In the event of a third-party claim, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary to examine the claims and mount a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates statutory or regulatory prohibitions or public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence content.
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher campaign if such a restriction is stated in the terms and conditions of the promotional voucher.
10.3 Promotional vouchers may only be redeemed before completing the ordering process. They cannot be applied retrospectively.
10.4 Only one promotional voucher may be redeemed per order.
10.5 If the promotional voucher is for a specific amount rather than a percentage discount, 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.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller may discharge its obligations to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller knows or is grossly negligent in not knowing that the respective holder is not entitled to the voucher, lacks legal capacity, or lacks the authority to represent them.
11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") may only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances on gift vouchers may be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.
11.3 Gift vouchers may only be redeemed before completing the ordering process. They cannot be applied retrospectively.
11.4 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.
11.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
11.6 The balance of a gift voucher will neither be paid out in cash nor earn interest.
11.7 The gift voucher is transferable. The seller may discharge its obligations to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller knows or is grossly negligent in not knowing that the respective holder is not entitled to the voucher, lacks legal capacity, or lacks the authority to represent them.
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the customer acts as a trader, a public law entity, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of 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. However, in the preceding cases, the seller shall at all times be entitled to bring proceedings before the court at the customer's registered office.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Ist mal ganz etwas anderes, wenn man Tiere liebt.
Wirklich schön. Ein tolles Andenken
Super eingearbeitet, super unkomplizierter Versandvorgang. Auch tolle Wiederverwertung. Hab nur gedacht der Anhänger wäre größer, aber gut. Das ist ja eigenes Fehldenken.
Sehr schöne Kette und guter Abdruck.
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