1.1 These General Terms and Conditions (hereinafter “GTC”) of Tim Kohl (hereinafter “Seller”) apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with 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 rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the supply of tickets, unless expressly stipulated otherwise. In this context, these GTC only govern the sale of tickets for specific events described in more detail in the Seller’s item description, and not the performance of these events. The performance of the events is governed exclusively by the statutory provisions in the relationship between the participant and the event organizer and, where applicable, any deviating terms and conditions of the organizer. If the Seller is not also the organizer, he is not liable for the proper performance of the event, for which the respective organizer is solely responsible.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession.
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 for the submission of 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. In doing so, after placing the selected goods in the virtual shopping cart and going through 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. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via an online contact form, by post or by telephone.
2.3 The Seller may accept the Customer’s offer within five days by
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the day on which the Customer sends the offer and ends at the end of the fifth day following the day on which the offer is sent. 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 result that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, 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: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed 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 hereby declares that he accepts the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted his order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant 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 of 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 his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place by 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 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 by the Seller to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 options available to the Customer are communicated 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 a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, which may use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which he makes advance payment to the Customer (e.g. purchase on account or payment by instalments), he assigns his payment claim to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result of the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and their submission or credit notes.
4.6 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately by “SOFORT” and the Customer’s bank account is debited. The Customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the “Shopify Payments” payment service is selected, payment is 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. Stripe may use the services of further payment service providers to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on “Shopify Payments” can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If the “PayPal Invoice” payment method is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal will carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the Customer the “PayPal Invoice” payment method in the event of a negative result of the credit check. If the “PayPal Invoice” payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, he can only make payment with debt-discharging effect to PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and their submission or credit notes. In addition, the General Terms of Use for the use of PayPal’s purchase on account service apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.9 If the “PayPal Direct Debit” payment method is selected, PayPal will collect the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.10 If the “credit card via Stripe” payment method is selected, 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 carry out a credit check and to refuse this payment method in the event of a negative credit check.
4.11 If a payment method offered via the “Klarna” payment service is selected, payment is processed via 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://www.safe-shield.eu/pages/zahlungsinformationen-safe-shield
5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with 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 with regard to the costs of the initial shipment if the Customer effectively exercises his right of withdrawal. With regard to the return costs, the provisions set out in the Seller’s withdrawal policy shall apply if the Customer effectively exercises his right of withdrawal.
5.3 If the Customer acts 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 carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer or a person authorized to receive the goods only upon handover of the goods. By way of derogation, in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder 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 self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded immediately.
5.5 If the Seller offers collection of the goods, the Customer can 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 Each free product, including free product samples that can be added to an order, may only be claimed once per Customer and per order. Any action or attempt to increase the number of these free items in the shopping cart or during the checkout process will inevitably lead to the cancellation of the entire order. This measure serves to ensure a fair distribution of our offers to all customers and to prevent misuse.
If the Seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stipulated in the following provisions, the statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
7.2 The above-mentioned limitations of liability and reductions of time limits do not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect on his statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific validity period 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.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several promotional vouchers can also be redeemed for one order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.8 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.
9.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
