General terms and conditions of business

(Status: 2023)

Akkim Germany GmbH

Linsellesstrasse 142

47877 Willich

Germany

Telephone: ……/ (No customer support - for contact inquiries please use the e-mail: info@giftandprint.de.)
Fax: …….
Email: info@giftandprint.de

scope
- These following general terms of use (hereinafter "GTC") contain the basic rules of Giftandprint for all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller with regard to the seller in his online shop goods completes. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
- Our general terms and conditions apply exclusively. General terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.

Our terms and conditions apply accordingly to contracts for the delivery of digital content and the delivery of vouchers, unless otherwise agreed.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

conclusion of contract

The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller (Giftandprint.de), but serve to enable the customer to submit a binding offer.

By sending the order (click on the "Order now" button) on our website, the customer submits a binding offer to conclude a contract.

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 receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer 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 is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

If you select a payment method offered by PayPal, the 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, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button concluding the ordering process.
When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.
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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
Only the German language is available for the conclusion of the contract.

The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

right of withdrawal

In principle, consumers are entitled to a right of withdrawal.
Further information on the right of withdrawal can be found in the seller's cancellation policy.
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

Prices and terms of payment

Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
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 by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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.

The payment option(s) will be communicated to the customer in the seller's online shop.

If advance payment by bank transfer has been agreed as the method of payment, payment must be made immediately after conclusion of the contract, unless the parties have agreed on a later date for the due date.

If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed 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 are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

Delivery and shipping conditions

Unless otherwise agreed, the ordered goods will be sent to the delivery address specified by the customer. The delivery address is specified during the ordering process and is crucial for processing the transaction.

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 with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

In the case of entrepreneurs, the risk of deterioration or loss of the goods passes to the customer when the delivery item is handed over to the transport company. If the handover or shipment is delayed for reasons for which the customer is responsible, the risk is transferred to the customer on the day of notification that the delivery item is ready for shipment. In the case of consumers, the risk of accidental loss and
Accidental deterioration of the goods sold already passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment, if the customer has informed the forwarder, carrier or other person responsible for carrying out the shipment commissioned a specific person or institution to carry out the work and the seller had not previously named this person or institution to the customer.

The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

In relation to entrepreneurs, the provider retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

Liability for Defects - Warranty

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

If the customer acts as an entrepreneur,

the seller has the choice of the type of supplementary performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights and claims due to defects are excluded;
the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

The limitations of liability and shortening of deadlines 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 that have been used for a building in accordance with their usual purpose and 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.

In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

Special conditions for the processing of goods according to specific customer specifications
- If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
- The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
- The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

Alternative Dispute Resolution
The EU Commission offers the possibility of online dispute resolution
one of the online platforms operated by it: http://ec.europa.eu/consumers/odr/
To participate in an online dispute resolution process by a
We are not obliged to act as a consumer arbitration board. We prefer
any problems or discrepancies directly with our customers
solve, therefore we stand to participate in an online
Dispute resolution procedure not available.
Please contact our customer support instead.

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